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

I will respond to both Deputies but, on the last issue raised by the Deputy who just spoke, I am not privy to the background circumstances of the termination of anyone's employment with Independent Newspapers and I am certainly not going to comment in any way on that issue.

I welcome the opportunity to comment on the findings of the Comptroller and Auditor General in his report on the Garda fixed-charge processing system. I welcome these findings because they confirm what went wrong with the system and what needed to be fixed. Broadly speaking, the findings echo those of the examination of the same allegations which was carried out by Assistant Garda Commissioner John O'Mahoney. I published the O'Mahoney report and a related report by the Garda professional standards unit earlier this year and referred them to the Joint Oireachtas Committee on Justice, Defence and Equality.

The O'Mahoney report broadly identified the same key issues of concern relating to the operation of the fixed-charge processing system as were identified by the Comptroller and Auditor General, namely, a failure to follow cancellation procedures in a significant number of cases, a lack of adequate record-keeping, and an inconsistency - in many cases, a laxity - in accepting justifications for speeding and other road traffic offences. There is absolutely no doubt that the findings of the Comptroller and Auditor General reinforce both the concerns identified by the O'Mahoney report about weaknesses in the fixed-charge notice system and the case for corrective action.

Such action has been taken. Disciplinary proceedings were initiated against several members of the Garda Síochána and a number of others were advised of the absolute necessity to follow correct procedures. A new Garda directive on the cancellation of fixed-charge notices was issued to the entire force on 30 August 2013, aimed at significantly tightening up procedures for cancellation. The Garda Commissioner has accepted and will implement specific and helpful recommendations by the Comptroller and Auditor General on improving the fixed-charge notice system and how it interacts with the Courts Service and the driver licensing system. In addition, as I previously indicated, I have referred the two Garda reports to the independent Garda Inspectorate for its advice on any further measures that might be desirable. I expect to receive its report in the near future.

I welcome the action taken by the Garda Commissioner in this area and his commitment to implement the further recommendations of the Comptroller and Auditor General. The result will be a fixed-charge notice system that is more open and transparent and more robustly operated. This is essential if public confidence in the system and in the enforcement of road traffic law is to be maintained. The Garda Síochána, the Road Safety Authority and other stakeholders have done much in recent years to improve road safety and reduce fatalities. Everything must be done to maintain that progress, and the Garda Commissioner has my full support in the strong action he is taking.

It is only fair to acknowledge that these reports, and their findings and recommendations, are in response to allegations of improper cancellation of fixed-charge notices. However, any fair assessment must also conclude, on the evidence available, that a great many of the most serious allegations have been found to be utterly without basis, including allegations of avoidable road fatalities linked to speeding drivers being improperly let off fixed-charge notices and allegations of hundreds of PULSE records being destroyed. Perhaps most significantly, the member of the Garda Síochána who made the allegations rejects the findings of the O'Mahoney report and continues to claim there has been widespread corruption and criminality on the part of senior members of the force. These are exceptionally serious allegations, for which the O'Mahoney report found no basis in fact. My Department has written to the member concerned urging him to come forward with any evidence he may have to justify these allegations. It is open to this person, if he so chooses, to make an appropriate presentation to the Joint Oireachtas Committee on Justice, Defence and Equality. He has not thus far opted to avail of that opportunity.

In conclusion, I welcome the findings of the Comptroller and Auditor General, which are in line with the findings of the report by Assistant Commissioner O'Mahoney published earlier this year. I fully support the Garda Commissioner in the decisive action he is taking on foot of those findings. I will do my best to facilitate any further co-ordination that is required between An Garda Síochána and the Courts Service to ensure the efficient enforcement of summonses in the area of traffic offences. I will seek to ensure that the courts have available to them all the documentation and information they require when addressing issues which properly come before them. It would, however, be highly inappropriate for me to interfere in any way with the independent approach taken by the courts or by particular District Court judges in any individual cases which come before them relating to charges arising out of road traffic offences.

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