The basis for the Government's declaration that it could not honour a Programme for Government pledge to set up a traffic corps because civilians could not be used to prosecute criminal cases has been strongly questioned.
The embarrassing admission was made by the Minister for Justice, Equality and Law Reform, Mr McDowell, who blamed "legal difficulties" when he appeared before an Oireachtas committee last week.
However, barrister Mr Oisin Quinn, who is contesting the local elections in Dublin's Rathmines ward for the Labour Party, has said the Minister's explanation makes no sense.
"This explanation makes no sense in light of the fact that 'civilians' already play a significant role in the enforcement of many pieces of legislation. For example, the prosecution of offences relating to our rivers and seas, our places of work and our borders can be carried out by fisheries officers, health and safety inspectors and customs and excise officers, none of whom have to be gardaí.
"Health and safety in the workplace is policed by, amongst others, health and safety inspectors who can enter premises, obtain search warrants from district judges, seize materials from workplaces and initiate prosecutions on behalf of the National Health & Safety Authority."
Furthermore, environmental health officers will enforce the smoking ban, and have the authority to begin prosecutions - although they do not have the right to arrest offenders.
"Customs and excise officers have significant responsibilities in relation to the illegal importation and exportation of goods. They can search and detain people, seize goods and initiate summary prosecutions.
"In short, there is no legal impediment to granting non-gardaí powers to enforce specific legislation and prosecute offenders summarily in the District Court.
"Serious offences can be prosecuted by the DPP in the Circuit Criminal Court, but even then the use of non-gardaí presents no problem, as the 'civilian' simply becomes a witness for the State," Mr Quinn declared.
