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

There is no basis for alleging that anybody has been victimised. The allegations that were made were taken very seriously. They included claims that a number of road accidents in which people lost their lives were a consequence of fixed-notice charges being cancelled. That was established, on a very detailed basis, to be untrue. Those allegations could have caused a great deal of distress to families already distressed as a consequence of losing a loved one. Despite the very detailed addressing of these matters in a report that is before the Joint Oireachtas Committee on Justice, Defence and Equality and was published by me, the individuals who raised these issues are adamantly insisting that they disagree with the contents of the report.

The allegations alleged widespread corruption and conspiracy in An Garda Síochána. There is absolutely no doubt that there have been administrative and bureaucratic failings. It is also clear that a number of fixed-notice charge cancellations were, based on the background circumstances as detailed in the report, absolutely justified. Anybody would stand by them. There were some decisions which I have described as "exotic" and are certainly open to question. That is one of the reasons the Garda Commissioner, having made an initial statement when the original reports were published, went on to oversee the provision of detailed new guidelines providing for greater oversight. It was suggested earlier today in this House that these new guidelines simply reproduce the ones that went before. That is not the case. The new guidelines address matters in such a way as to ensure there is proper oversight, cancellation decisions are made only where appropriate and everybody is treated equally and transparently. In fact, it could be said there is some disadvantage under the new system for people who are in prominent positions, such as Members of this House.

They will be treated less than equally because there is an additional level and a particular layer in the new guidelines to ensure applications by them for cancellation are dealt with at a higher level of the Garda Síochána. There is complete transparency and everything is monitored. I am very happy with this.

In so far as individuals who raised issues are alleging that the Garda reports published are untrue, let them bring forward chapter and verse and proof of this. I am open to being convinced, but they have not done so. Having engaged with Members of this House and published material, they did not co-operate with the Garda investigations that took place. I do not know why that was the case. There is no question of anyone being victimised.

It is important to keep cancellations in perspective. I say this in particular to Deputy Pádraig Mac Lochlainn. The Garda Síochána and Comptroller and Auditor General's reports are consistent in showing the level of cancellations of fixed charge notices to be around 5%, meaning that 95% of fixed charge notices have been processed correctly. Within that 5%, in half of the cases there was irrefutable evidence and indisputable reasons for cancelling them. The wrong people had received fixed charge notices or the registration number photographed turned out to be different for the car owned by an individual. It is true that the Comptroller and Auditor General's report identified some weaknesses in the process, particularly in issuing enforcement notices, but I am glad that the Garda Commissioner is taking action in this area. The Deputy can assume I will continue to monitor the position to ensure matters are dealt with appropriately. I have no doubt that the Garda Síochána Inspectorate will keep oversight of the area in order that everyone in the House will be satisfied the system is fair and operating efficiently and appropriately.

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