Oireachtas Joint and Select Committees

Thursday, 23 January 2014

Public Accounts Committee

2012 Report of the Comptroller and Auditor General
Chapter 7 - Management of Fixed Charge Notice System

10:30 am

Photo of Derek NolanDerek Nolan (Galway West, Labour) | Oireachtas source

I welcome the Commissioner and his officials. I wish to point out that I am related to Mr. Ruane, who is seated at the top table. This issue has continued for a long time. Part of the reason it has received public attention and why the public and ourselves are so interested in the matter is that the perception has been created that if one knows someone in the Garda, or knows a garda who works in a station, and one receives penalty points one can get them cancelled. There is a perception that there is a way to usurp the law and get penalty points or a fixed charge notice cancelled.

Today we are discussing a very detailed and good report prepared by the Comptroller and Auditor General. He examined the procedures and processes that were in place. The report uses a number of samples of discretionary cancellations. It portrayed the system as not working, one where accurate reasons did not have to be given and in many cases reasons were not given and a space left blank, and supporting documentation was not supplied to back up assertions that were made. In many instances - in the district offices - the only documentation available was merely letters from people seeking to have the document put out. I have not found anything to rebut the assertion that this was not the case. With regard to the two reports prepared by the Garda, I have also not seen anything to rebut the assumption or assertion of flexibility, ability and culture concerning a large number of cases - 10,000 cases - that if one knew a garda one could get off and get one's penalty points cancelled. Given one's inability to go through all of the 40,000 cancelled notices, how does the Commissioner satisfy himself that this was not the case?

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