For the committee's information, 91,838 items of correspondence were processed at the national fixed charge processing office in 2012 from recipients of fixed charged notices. In addition, 59,570 telephone inquiries were received and processed. A further 65,000 payment-related calls were dealt with by fixed-charge processing system payment agents - that is, An Post.

In the normal course prosecution follows non-payment of a fixed charge. A review of the issuing of any fixed charge notice may result in termination or cancellation and no proceedings being instituted. Termination or cancellation occurs when it is believed the evidence would not sustain a prosecution or a prosecution would not be appropriate, fair, proportionate or in the public interest. Decisions on termination or cancellation are governed by Garda policy and procedures which complement the discretion vested in an authorised officer to so terminate or cancel, and are framed around legislative exemptions and in the guidelines for prosecutors as published by the Director of Public Prosecutions.

The guidelines for prosecutors issued by the Director of Public Prosecutions state that "a prosecution should not be brought where the likelihood of a conviction is effectively non-existent," and goes on to state: "In assessing the evidence, the prosecutor should also have regard to any defences which are plainly open to, or have been indicated by, the accused." The DPP has further advised, in relation to the prosecution of driving offences, that particular acts, such as exceeding a speed limit or crossing a continuous white line, can warrant any one of a variety of responses ranging from no prosecutorial action through to a caution or a charge under the relevant legislation or regulation.

I have received legal advice that it is clear that when a fixed charge notice penalty is issued it is not mandatory that the payment must be made or a prosecution must follow. In general terms, it is a well-established fact that the use of discretionary powers has served An Garda Síochána well since the foundation of the State. The discretion is exercised by members of An Garda Síochána at every level in the exercise of their daily duties and responsibilities. It is an intrinsic feature of good policing, the application of which continues to assist in maintaining the positive relationship the organisation has developed with the general citizenry over its history. In that regard, I welcome the notice yesterday evening and the comments from the Chairman.

Where a possible defect is identified which emanates from the detection of the offence or the administration of the system and which cannot be rectified, the advantage is always afforded to the driver or owner of the fixed-charge notice and it is cancelled. This is reflected in the well-established jurisprudence in the Irish legal system whereby the benefit of any doubt lies with an accused person.

During the relevant period under examination in the O'Mahoney report, from 1 January 2009 to 30 June 2012, a total of 66,407 fixed charge notices were terminated, equivalent to 4.55% of the 1.46 million tickets that were issued. When legal and technical reasons for the termination of notices were accounted for, there remained 2.57% of the 1.46 million fixed charge penalty notices issued in the review period that were terminated by authorised officers exercising discretionary powers, which equates to an average of 10,701 terminations of this nature per year nationally. To put the figure in context, it equates to less than two cancellation notices per week per Garda district. As the committee will be aware, Garda districts can range from between one and six stations.

As well as fulfilling its primary purpose of increasing road safety, as evidenced by the significant fall in road fatalities since the introduction in 2002, it should be noted that the fixed charge processing system also provides an efficient and cost-effective alternative for citizens and the State to hundreds of thousands of road traffic prosecutions being dealt with by the courts each year, with all the associated costs of same.

In closing, and as outlined further in a briefing document that I furnished to him and his committee recently on his request, on foot of the O'Mahoney and Comptroller and Auditor General reports, An Garda Síochána has introduced a number of measures that have strengthened the procedures around the cancellation of fixed charge penalty notices, as well as greater oversight and auditing of the system. The impact of these measures has already been seen with internal audits on the fixed charge penalty notice cancellations in November and December showing that 100% of these cancellations were carried out within policy.

On the matter of summons and non-payment, there are long-standing issues in this area outside our direct control such as drivers being from other jurisdictions, foreign nationals leaving the country before they can be served or people paying. However, on matters within our control, we will continue to work with the relevant State bodies such as the Comptroller and Auditor General, the Courts Service and the Department of Transport, Tourism and Sport, as well as making internal changes, to address the points raised in the Comptroller and Auditor General's report.

In conclusion, as I think we have shown with our swift action in relation to the findings of the O'Mahoney and the Comptroller and Auditor General reports, we are committed to ensuring that the fixed charge notice system is operated in an effective and efficient manner - fairly and consistently - so as to ensure it has the confidence of the public and, most importantly, that it continues to play an important role in improving road safety by reducing poor driver behaviour. I thank the Chairman.