Dáil debates

Tuesday, 5 November 2013

Ceisteanna - Questions - Priority Questions

Penalty Points System

2:15 pm

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

This is the first time I have heard anyone on the Opposition side of the House complain he or she has been given a speaking slot. I think it is for the benefit of those who actually watch these proceedings and those who are in the Visitors Gallery in order that they know what the question is about. It is welcome that the Deputy is doing this within the rules of the House. It may well be in the context of the question tabled that the Deputy wishes to extrapolate. It is my understanding this is an option, but it is for Deputies to decide how they want to use the new procedures available.

I very much welcome the findings of the Comptroller and Auditor General in his report on the Garda fixed charge processing system. The report followed the report by Assistant Garda Commissioner, John O’Mahoney, on allegations of the improper cancellation of fixed charge notices. I published the O’Mahoney report and also a related report by the Garda professional standards unit earlier this year and referred them to the Joint Committee on Justice, Defence and Equality.

There are some differences in the extent of the reports in that the O'Mahoney report was an examination of specific allegations rather than a general examination and it covered a longer period than the report by the Comptroller and Auditor General, of three and a half years compared to two years. However, both reports identified approximately the same rate of cancellation of fixed charge notices of up to 5%.

Most importantly, the O’Mahoney report broadly identified the same key issues of concern relating to the operation of the fixed charge processing system 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 what in some cases was quite frankly too great a readiness to accept unconvincing justifications for speeding and other road traffic offences. The Deputy will recall that when the O'Mahoney report was published, I referred to some of the decisions made as being "exotic".

There is no doubt that the findings of the Comptroller and Auditor General reinforce the concerns identified by the O’Mahoney report about weaknesses in the fixed-charge notice system. What is needed now is corrective action to tackle the concerns identified by these two reports, and I am glad to say that action has been and will continue to be taken. Disciplinary proceedings have been taken against a number of members of the Garda Síochána, and a number of others have been advised of the requirement 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.

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