FIANNA Fail has challenged the Garda Commissioner to say what "categories of crime and the level of crime which he believes to be tolerable".
The party's justice spokesman, Mr John O'Donoghue, said last night it appeared the Garda was prepared to tolerate certain crimes and this was unacceptable.
Mr O'Donoghue's remarks, issued to the media in a three page statement, follow comments by the Commissioner, Mr Pat Byrne, who said he was "very sceptical" about the "zero tolerance" idea proposed by Fianna Fail in a crime policy document last week.
The Commissioner said the zero tolerance idea was "a lovely catchy one" and "a lovely buzz word", but people did not agree on what it meant. If it meant pursuing every offence, including the most minor, "it's going to mean beggars and buskers and people who don't pay their fare on the bus, in court", he said.
This would require extra gardai and could mean overloading the courts and prisons with minor offenders.
Mr O'Donoghue said Fianna Fail's view was that "no crime, no matter how small, is insignificant".
"People want more Garda action, not less," he said. Under the party's policy "people who have broken laws enacted by the Oireachtas will be arrested and dealt with in accordance with law".
The Commissioner said that while there were often calls for tougher law enforcement TDs spent much of their time petitioning ministers on behalf of constituents to try to reduce fines imposed by the courts. He said there was "uproar" last April when gardai were accused of being too harsh because they seized a Dublin motorist's car for non payment of road tax.
In that instance, Minister of State Ms Eithne Fitzgerald wrote to the Garda claiming seizure of the car was "out of proportion to the offence".
Mr Byrne said he did not want to be involved in an argument with Fianna Fail. He had often discussed, the "zero tolerance" idea with Mr John Timoney - the former deputy police chief in New York who had put the policy into practice there - and he remained sceptical about it. He would have said so, no matter which political party proposed it.
He also believed it was likely that enforcing the law for every minor offence would probably damage the relationship between the public and the Garda.
"If the public want that type of law enforcement we'll do it," the Commissioner said. "But what does society want? Let's debate exactly what we want."
Mr Byrne, speaking before Mr O'Donoghue's statement was issued last night, said if a government were to tell him that he was to initiate "zero tolerance", he would have to respond: "Exactly what do you mean?"
In his statement Mr O'Donoghue said: "It is appropriate that there should be a public debate on the issue. Perhaps the Commissioner would assist that debate by following through on his public criticism of Fianna Fail's zero tolerance policing policy by stating the categories of crime and the level of crime which he believes to be tolerable."
"Is it, for instance, acceptable to him that illegally imported cigarettes and tobacco, which in some" instances may represent the retail face of organised crime in Ireland, are on daily sale in Ireland? If it is not acceptable, why has it been tolerated for so long?"
Mr O'Donoghue said no new powers of arrest would be needed to implement the policy of zero, tolerance.
"All that is needed is that Garda management resolve to operated the powers which they have and to enforce laws enacted by the Oireachtas. What is wrong with that?"
Fianna Fail sources confirmed the party leader, Mr Bertie Ahern, was aware of and approved of Mr O'Donoghue's statement.
The Commissioner also questioned the value of US style witness protection schemes, another proposal in the Fianna Fail document. He said such a scheme - usually used to protect criminals who give evidence against other criminals would have "massive cost". He added: "I would question the effectiveness of it."