Michael McDowell (Dublin South East, Progressive Democrats)

We had a useful discussion on this subject on Committee Stage. I promised to accept the amendment if I felt it was correct. Following that undertaking, given on 7 December, I discussed the issue with the DPP, who saw some merit in the proposal. It is the intention in drafting the guidelines, in any event, to preserve the individual right of a garda in the matter of taking a prosecution in a court of summary jurisdiction. This would apply in cases where there might be extenuating circumstances. However, the fundamental proposition put forward in the Opposition amendment was that it should be widened to cover the question of not bringing a prosecution. This change is appropriate and I thank Senators for proposing the original amendment.