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

The report of April 2013 from the Garda Síochána Professional Standards Unit looked at the processes and systems which are in place concerning the cancellation of fixed charge processing notices. The report complements the report prepared by Assistant Commissioner John O'Mahoney of his examination into the allegations of irregularities in the operation of the fixed charge processing system. These two reports recommended a number of changes aimed at ensuring that administrative procedures are correctly followed throughout the force in relation to the cancellation of fixed charge notices.

The two reports were published on my Department's website on 15 May 2013. In publishing the reports, I welcomed their recommendations for enhanced safeguards to ensure integrity in the fixed charge processing system. In addition, in order to provide even further public reassurance as to the effectiveness of these changes, and with the agreement of the Garda Commissioner, I asked the independent Garda Síochána Inspectorate to validate the proposed changes prior to implementation, including making any necessary supplementary recommendations, and to review their implementation after 18 months. The inspectorate is making progress in its work in this regard and I await its report on the matter.

The inspectorate's assessment of the recommendations made in the two Garda reports, and any further recommendations in this area which the inspectorate feels are warranted, will be put in the public domain via the inspectorate's website.

I also provided the two reports to the Joint Oireachtas Committee on Justice, Defence and Equality for its consideration and advice on any further recommendations or procedural or legislative changes which are desirable in this area. I understand the Committee on Public Service Oversight and Petitions, in turn, forwarded the reports to the Garda Síochána Ombudsman Commission and that the Ombudsman Commission subsequently appeared before that committee on 3 July 2013.

GSOC informed the committee that it had previously decided against opening an investigation. It was conscious that the whistleblower was a serving Garda and, therefore, under the Garda Act, they could not deem a complaint from him admissible. GSOC indicated to the committee that the decision was open-ended and it was reserving its position. I am somewhat surprised that Deputy Wallace does not seem to be aware of this position, as he was present at that meeting and, indeed, chaired part of the meeting himself. Neither of the reports was forwarded to the Ombudsman Commission by me or my Department.

There is an additional response here that is of relevance to the Deputy's question in regard to action that has been taken by the Garda Commissioner on foot of the reports. If I am allowed to give it to the Deputy by way of a supplementary reply, I will do so.

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