Alan Shatter (Dublin South, Fine Gael) | Oireachtas source

It may be helpful to clarify the issue of Garda discretion in dealing with road traffic matters. After our initial exchange on "Prime Time", Deputy Wallace acknowledged that it was okay for gardaí who stopped someone to exercise discretion but stated that, once a fixed charge notice issued, no discretion should be exercised by gardaí. In his view, no matter what the circumstances, individuals should go to court if they seek to have a fixed charge notice cancelled. What he does not take into account is that many fixed charge notices are issued as a result of speed cameras where there is no contact of any nature between the motorist and An Garda Síochána. This reinforces the need for Garda discretion, properly exercised, even where a notice has been issued.

The distinction Deputy Wallace now makes would be unjust and not reflect reality. If all of those who received fixed charge notices, in circumstances where the courts would inevitably dismiss any summons issued, were required to go to court, it would cause stress, inconvenience and financial loss to thousands of people, gardaí would be unnecessarily tied up in the courts and removed from regular policing duties, and there would be many thousands of unnecessary road traffic summonses to be processed by court clerical officers and backlogs in court proceedings, putting the Judiciary under unnecessary pressures. This would delay the hearing by the District Court of other criminal prosecutions to the detriment of the public.

The presentation to date on this issue, by Deputy Wallace and his colleagues, pays no regard to any of these issues and the public interest in ensuring a common sense, cost effective and humane approach. These are important issues to which I must have regard as Minister for Justice and Equality.

There are genuine issues that have to be addressed about the penalty point and the fixed notice systems. That is why I sought a Garda investigation and why new procedures are being put in place in accordance with the recommendations made. The Garda inspectorate will independently monitor the operation of the system and express its views on the reports that are furnished to it. It is also the reason the reports have been referred to the Oireachtas joint committee for its deliberations. I am, of course, happy to assist the committee in its deliberations if it asks me to do so.

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