Brendan Ryan (Labour)

I move amendment No. 13:

In page 17, subsection (3), lines 4 and 5, to delete "or by a member of the Garda Síochána".

This is a drafting amendment to correct a provision that seems to misunderstand the authorisation for summary prosecution. It has never been the practice to authorise gardaí to prosecute summary offences because they have that authority at common law. The authority needs that power because it is a statutory body having no common law powers but to authorise the gardaí to prosecute a summary offence would be contrary to all known drafting precedents and is legally inappropriate.