The zero tolerance policing policy advocated by Fianna Fail during its general election campaign seems to have been abandoned by the Minister for Justice, Mr O'Donoghue.
Yesterday, the Minister said he had never intended that gardai would be denied their right to discretionary policing. He also said the circumstances of offenders should be taken into account during judgments.
Mr O'Donoghue was accused of a "U-turn" by the Fine Gael justice spokesman, Mr Jim Higgins.
"Zero tolerance is dead," said Ms Roisin Shortall, of the Labour Party.
In his speech to a business group in Galway yesterday, the Minister said zero tolerance was still his policy. However, the address made clear that he plans to use the expression as a label for a range of standard law and order measures which fall short of any new or radical approach to crime.
Under zero tolerance policing, as practised in New York and previously advocated by Fianna Fail, gardai would have to ensure every law was vigorously enforced on the basis that overlooking minor offences encouraged offenders to commit more serious crimes.
Senior officers criticised the idea, saying gardai must be allowed discretion as enforcement of all laws would damage the force's relationship with the public. The Garda Commissioner, Mr Pat Byrne, criticised the plan.
Yesterday, Mr O'Donoghue accepted his critics' arguments. "At no stage did I ever say that judicial discretion or that policing discretion would be removed. Such an approach could not even be operated in a Stalinist regime."
In a second change of heart since taking office, the Minister also praised a discussion paper on crime published earlier this year by the Department of Justice. He said it was "a worthy initiative". When it was published in May by his predecessor, Mrs Nora Owen, Mr O'Donoghue described the paper as "to a large extent a restatement of the obvious" and "an election selection box which must be treated with grave cynicism".