Leo Varadkar (Dublin West, Fine Gael) | Oireachtas source

It is important to note that the fixed charge notice and penalty points system has operated extremely well since its introduction in 2002 and enjoyed widespread public support. This is evidenced by the fact that more than 70% of those who receive a fixed charge notice pay within 28 days. The system plays a very important role in enhancing road safety, but it is essential that it be applied equally to everyone without favour to anyone and that it be applied equally to all road users and that is seen to be done.

My Department first became aware of the allegations of wrongdoing in the penalty points system in August 2012. The information provided by Sergeant McCabe was passed to the Department of Justice and Equality for investigation. As we are all aware, the allegations were investigated by Assistant Garda Commissioner O'Mahoney and his report was concluded in March 2013. In May last year the Minister for Justice and Equality referred the O'Mahoney report and another report conducted by the Garda Síochána professional standards unit to the Garda Inspectorate asking that the inspectorate carry out a full review. The inspectorate's report which we are debating today is entitled, The Fixed Charge Processing System - A 21st Century Strategy, and was brought to Cabinet two weeks ago on 12 March. The first recommendation made in the report is that a criminal justice working group be established to oversee and facilitate the implementation of the report's recommendations. The group which is jointly chaired by my Department and the Department of Justice and Equality held its second meeting yesterday. It will report progress on a regular basis to me and the Minister for Justice and Equality.

The penalty points system was introduced under the Road Traffic Act 2002. The main goal of the system is not to penalise people but rather to make them more aware of unsafe driving behaviour, to influence and improve driver behaviour and to reduce the numbers of deaths and serious injuries on the roads. With the acceptance of the system by the general road user community and its importance to road safety, it is imperative that a credible and properly administrated system is in place.

The year 2012 marked the tenth anniversary of the penalty points system and I decided this milestone provided an appropriate point at which to conduct a comprehensive review of the whole system and identify any change necessary. The review of the system which my Department conducted made recommendations for the introduction of new offences, changes to the number of penalty points and other matters. When it was completed, I forwarded its contents to the Oireachtas Joint Committee on Transport and Communications for its consideration. The committee made a number of very helpful suggestions which are reflected in the new Road Traffic Act 2014 which was signed into law on 25 February. The offences where penalty points are being increased include speeding, driving while holding a mobile phone, dangerous overtaking, failure to obey traffic lights and driving without an NCT certificate. The new penalty points offences include non-display of an L plate or an N plate, contravention of rules at mini-roundabouts and a failure to respect a Stop sign. I pay tribute to rank and file gardaí up and down the country who properly implement the traffic laws in all weather conditions and at all times of the day and night. It is one of the tragedies of this whole affair that their good and continuing work and reputation have been sullied by the inappropriate behaviour of a few.

There is little point in improving or increasing the number of penalty points offences or enforcing the system if there is a lack of trust in how the system operates. Following recent revelations and the findings of the Garda Inspectorate, it is essential that any fault in the system is rectified and that we have a robust and credible system in place. This will be done.

The inspectorate's report makes 37 recommendations, some of which can be implemented now, while others will take a little time. The report was eloquent and found inconsistent and widespread breaches of policy by those charged with administering it and found no meaningful evidence of consistent quality management supervision, training and clear policy guidelines for its implementation. The report also found that there was no auditing of the cancellation process, either at Garda headquarters, regional, divisional or district level or at any level which would have identified these problems. That, of course, is a matter of concern for us all. The working group will ensure all of the recommendations made are implemented in the fastest possible timeframe. Many changes have been implemented since the O'Mahoney report was published. All of the key agencies involved are members of the group and they will work together to bring about improvements in the system and address the shortcomings highlighted in each of the studies conducted to date.

I am aware that gardaí have made considerable strides in putting in place measures identified in the inspectorate's report. These can and shall be acted on immediately. Work has also begun on recommendations that can be implemented in a matter of weeks and a plan of action has been agreed on those recommendations that require further consideration and, in one case or two cases, may require legislation. One measure referred to which I consider to be a very high priority is the so-called third payment option. A provision is included in the Road Traffic Act 2010 that allows someone served with a summons related to a fixed charge penalty points offence to pay the amount involved up to seven days before his or her scheduled court appearance. The introduction of this option will save a lot of court time, as well as Garda time. However, it has not yet been possible to commence it because the administrative structure for dealing with it is not yet in place. I understand gardaí have now agreed, in principle, to operate this system, but a number of administrative and technical matters have still to be resolved. When in place, the third payment option will bring about a significant improvement in the overall fixed charged notice system.

One of the major objectives of the new improved system must be to ensure penalty points are assigned in all cases where a traffic offence has been committed. A number of gaps in legislation have been identified and addressed in recent years. The definition of a driver's licence, for example, has been extended to include foreign licence holders. Drivers charged with an offence are now required to provide a copy of their licence for the court, but, unfortunately, in some cases, that does not appear to be happening. The Courts Service and the Garda are taking steps to ensure those persons who do not produce a licence are pursued and prosecuted. Some other matters remain to be dealt with and they will be addressed in the near future.

Chief Inspector Olson said in his report that the solution was entirely dependent on co-ordinated collaboration between the Department of Justice and Equality, the Garda, the Road Safety Authority, the Department of Transport, Tourism and Sport, the Courts Service, An Post and various appointed contractors involved in the operation of the fixed charge processing system.

I fully agree with Chief Inspector Olson and am committed to ensuring that my Department engages actively with all parties to make sure the recommendations are implemented in full and with speed.

Finally, I would like to say something about the events of recent days and the whole issue of the possible unlawful taping of phone calls to and from Garda stations. Needless to say, this revelation came as quite a shock to the Government, but we acted quickly, if not immediately, by establishing a commission of inquiry. This is not a government that sweeps things under the carpet. That era is over, and if I have anything to do with it I will make sure that is the case. A series of controversies now surround the Garda, from bugging, tapes and collusion to penalty points, but the Government is now acting. The Cabinet decided there would be an open competition for the post of Garda Commissioner and that a new Garda authority would be established, providing better oversight of Garda operations. This is a very big change. The reforms will take time, but in the meantime I ask the public to continue to support and trust rank and file gardaí. They are the ones we meet across the counter, who walk the beat; they are the ones who work day and night, in all sorts of weather, and occasionally put their lives at risk. They are not to blame for any of this, in any way, and they deserve our continued support and trust.

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