Mick Wallace (Wexford, Independent) | Oireachtas source

It is as if the rules are being made up in retrospect. A Garda circular, HQ45/09, outlining policy regarding termination of fixed-charge penalties was issued in 2009. It states that it applies only to a driver of a fire brigade vehicle, an ambulance or the use by a member of An Garda Síochána of a vehicle in the performance of the duties of that member, or a person driving or using a vehicle under the direction of a member of An Garda Síochána. That is a very different story from what we have just heard from the Minister.

The irregular patterns evident from the dossier and from the PULSE records clearly indicate that the application of discretion by some gardaí amounts to serious abuse of that power. The examples cited in the dossier suggest that this is a relatively common occurrence. Any discretion held by any civil servant must be exercised within cautious legal limits and subject to strict monitoring and oversight or else it becomes open to abuse. This is why we have called for an independent public inquiry to review the exercise of this discretion by gardaí.

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