Mr. Martin Callinan:

I thank you, Chairman, and the members of the committee for the opportunity to address the committee on the Comptroller and Auditor General's annual report for 2012 and, in particular, Chapter 7 concerning the management of the fixed charge notice system.
In welcoming the Comptroller and Auditor General's report and accepting that the report was a different form of examination of this matter and related to a different timeframe from the examination conducted by Assistant Commissioner John O'Mahoney, it should be noted that on the specific issue of terminations of fixed charge penalty notices, FCPNs, by members of An Garda Síochána both reports found that the level of terminations during the periods under examination were very similar. The Comptroller and Auditor General found that the termination rate was approximately 5% and the O'Mahoney report found that it was 4.55%. Both reports have identified issues within the fixed charge processing system that require corrective action and I fully accept and am fully committed to the implementation of the recommendations of the Comptroller and Auditor General's report on improving the system and how it interacts with the Courts Service and the driver licensing system.
In the last number of months, An Garda Síochána has implemented a significant number of measures relating to the fixed charge processing system, which I will outline below and in more detail in the briefing document provided to the committee. With reference to the findings of the O'Mahoney report, disciplinary action has been taken against a small number of personnel and written advices have been issued to a further number as to the necessity to conduct matters within policies and procedures. On 30 August 2013, I issued a new directive to all members of the force in respect of the cancellation of fixed charge notices. This new directive will, I believe, provide greater clarity on the role of the cancelling authority and thereby enhance the procedures for cancellation. The new directive, which was issued prior to the publication of the Comptroller and Auditor General's report, reflects recommendations contained in the Comptroller and Auditor General's report, the report from the Garda professional standards unit and the report from Assistant Commissioner O'Mahoney.
In addition, all policies and procedures associated with the general management of the fixed charge penalty system, FCPS, have been revised through an updated FCPS user manual. This manual has been forwarded to the Garda Inspectorate and the Director of Public Prosecutions, DPP, for their observations. When this review has been completed, a summary of the policies relevant to the general public will be made available via our website www.garda.ieand our social media channels.
Before dealing with specifics, it might be useful to give a broad overview of the fixed charge processing system which may help to contextualise the relevant issues. It is important to state at the outset that fixed charge penalty notices, FCPNs, were introduced in legislation to provide An Garda Síochána with one of a range of measures to tackle and reduce poor and dangerous driver behaviour, not as a revenue generation measure. FCPNs play an important role in reducing road fatalities and that is their primary objective, not providing revenue to the State. The fixed charge processing system was introduced in 2002. The legislation provides that where a person is believed to have committed a fixed charge offence, the person may be served with a fixed charge notice and if the fixed charge is paid in accordance with the provisions of the legislation, proceedings will not be instituted.
Prosecution follows non-payment of the fixed charge. A prosecution in respect of an alleged fixed charge offence will not be instituted if a payment is made during the appropriate period so specified in regard to the payment; in effect, a motorist issued with a FCPN is being put on notice that he or she may be prosecuted. However, the motorist may avoid prosecution by electing to pay a fixed charge. Therefore, the FCPS provides a motorist with an alternative to prosecution. While the issuing of a fixed charge notice does not constitute commencement of legal proceedings, the issuing of a notice can, in effect, lead to a prosecution if the fixed charge is not paid.
The only other mechanism for the prevention of a prosecution when a fixed charge notice is not paid is to have the FCPN terminated. Every fixed charge notice carries contact information for the fixed charge processing office should an offending motorist wish to raise any queries or need help understanding the notice or with the detection or circumstances surrounding it.