Mick Wallace (Wexford, Independent) | Oireachtas source

As the dossier indicates, this discretion is exercised in a way which is non-transparent, non-reviewable, not subject to any appeal system, not subject to any formal recorded process evidenced by a paper trail, not subject to any formal examinable criteria and not subject to any oversight or monitoring. The Minister had a number of options for tackling this rather than through an internal inquiry with a body investigating itself. Under section 102 of the Garda Síochána Act the Minister could have requested the Garda Síochána Ombudsman Commission to investigate any matter that appears to indicate that a member may have behaved in a manner that would justify disciplinary proceedings. If the Minister considers it is in the public interest - as this surely is - he could also have requested the Garda Síochána Ombudsman Commission to examine practices and procedures of gardaí and report back under section 41.4, or under section 42 the Minister may order a special inquiry by an appointed person if he considers the matter one of public concern.

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