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

The allegations referred to by the Deputy are not that some people have had penalty points written off, but that in a number of cases members of the Garda Síochána have inappropriately cancelled fixed charge notices, mainly for speeding. The allegations appear to be made on the basis of records of cancellation on the Garda PULSE system. Fixed charge notices are an alternative to prosecution. They give a motorist the opportunity to acknowledge the offence, pay the fixed charge and, where the offence is a penalty point offence, incur the appropriate penalty points. If the motorist does not pay the fixed charge, he or she will in the normal course be prosecuted for the alleged offence.

With regard to the cancellation of fixed charge notices, it appears from media reports of recent days, and comments made in Dáil Éireann, that there is an assumption that any termination of a fixed charge notice is illegal and that any individual who is the recipient of such notice which is subsequently cancelled is being afforded special treatment. Both assumptions are incorrect. I am concerned that the outcome of the investigation being conducted into the allegations is being unfairly prejudged and I would urge caution in this regard.

There can be circumstances where the fixed charge notice may be cancelled in accordance with Garda procedures drawn up in light of legislative exemptions and prosecutorial guidelines. Termination or cancellation occurs where it is believed the evidence would not sustain a prosecution or a prosecution would not be appropriate, fair or proportionate. Decisions on terminations or cancellations are governed by Garda policies and procedures, framed around the legislatorial and prosecutorial guidelines issued by the DPP.

Members of the Garda Síochána at the rank of superintendent district officer or inspector acting district officer, therefore, have discretion to authorise cancellation in appropriate circumstances of fixed charge notices. These can include situations where, for example, exemptions apply in relation to emergency vehicles; where there are evidential difficulties, such as where the registration number registered by a speed camera does not correspond to the vehicle in question; where there are emergency medical circumstances such as, for example, a medical certificate relating to the wearing of seat belts; a sick child being driven to hospital; an imminent birth; a medical professional rushing to a sick or elderly patient; a driver of an ambulance response vehicle. Access to terminate a fixed charge processing incident through PULSE is restricted to users with a rank of inspector or higher.

Additional information not given on the floor of the House

I confirm that these allegations were forwarded to my Department by the Department of Transport, Tourism and Sport in September, and, subsequently, by the Department of the Taoiseach, also in September. Following consideration of the documentation the allegations were forwarded to the Commissioner last October. The Garda Commissioner has appointed an Assistant Commissioner to conduct an examination and to report on the allegations. I have received an interim report from the Commissioner, but I will not be making any comment on any of the allegations until the final report is available. These allegations are being taken seriously and are being thoroughly investigated. However, it would be premature and wrong to assume that all of these cancellations of fixed charge notices were inappropriate. I caution against any rush to judgment before all the facts are known. As the Garda Commissioner has said, this would be unfair both to members of the Garda Síochána and the motorists concerned. We must await the outcome of the investigation, which as the Commissioner has said will be both comprehensive and rigorous. I have every confidence that the investigation directed by the Commissioner into the allegations will be conducted professionally.

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