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

I am aware of the Deputy's concern about this issue and of the various queries he has raised about it. However, it is important not to assume that members of the Garda Síochána are dishonest, corrupt or unable to carry out their duties properly. Unfortunately that seems to be an assumption he is making. I will again reiterate what I said. I take this matter seriously, as does the Garda Commissioner, and it is being fully investigated. I will not prejudge that investigation. The issue as to the rules applicable to cancelling fixed charges are as I stated and are not confined to the matter to which the Deputy refers.

I believe it is appropriate, as I believe most members of the House do, that members of the Garda Síochána can exercise discretion in the manner in which they deal with certain matters and apply a degree of common sense. The important thing is that no special favour is done for any individual, that nothing wrong is done in return for receipt of any moneys and that no individuals are prosecuted in circumstances that are unfair where others have been exempt from prosecution. It is important that the law is evenly and properly applied.

It is also important to be able to address fixed-charge notices mistakenly issued because the registration does not comply with the vehicle an individual owns. If, for example, a constituent of the Deputy's was taking his wife on the verge of giving birth to hospital and he was speeding, I believe the Deputy would be rightly outraged if such a person ended up with a fixed-charge notice in circumstances where there was no resulting accident and the wife was simply being taken to hospital. The same would apply to a parent taking a seriously ill child to hospital. Gardaí exercise a degree of common-sense discretion.

The Deputy asked me about section 42 of the Garda Síochána Act 2005. As the Deputy rightly says, under that provision I may appoint a person to "inquire into any aspect of the administration, practice or procedure of the Garda Síochána" or the conduct of members if the matter is of concern to the public. I do not intend to give consideration to so dealing with the matter in the absence of the full and final report of the Garda Commissioner into the allegations. I again urge the Deputy not to prejudge the outcome of that investigation. As I have done in the past, I again assure the House that I will inform it fully of the outcome of the investigation. If there are issues of concern, they will be addressed. If it arises out of the investigation that some further inquiry should be conducted, I assure the House that decision will be made. However, I will not prejudge an investigation that is taking place in good faith by an assistant commissioner into a matter that the Garda Commissioner and I regard as serious. I urge the Deputy to curb his enthusiasm for seeking to imply that honourable members of the Garda force are behaving in some inappropriate manner. We will see what the outcome of the investigation is. If something untoward arises from that, I assure the Deputy that appropriate steps will follow.

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