Mick Wallace (Wexford, Independent)
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To ask the Minister for Justice and Equality if he will set out the specific legislation and specific Garda directives or circulars which detail the boundaries and limitations within which members of An Garda Síochána exercise discretion for the termination of fixed charge penalty notices; if the terms of reference of the internal review being conducted by the Garda Commissioner includes an examination of the legal basis for the exercise of discretion in addition to the processes followed and criteria used in the exercise of this discretion by individual Gardaí; the monitoring and oversight provisions in place to avoid abuse of the system; and if he will make a statement on the matter. [6090/13]

Alan Shatter (Dublin South, Fine Gael)
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Fixed charge notices are provided for under the Road Traffic Act 2002 and are an alternative to prosecution. They give a motorist the opportunity to acknowledge the offence, pay the fixed charge and, where the offence is a penalty point offence, incur the appropriate penalty points. While the issuing of such notice does not constitute commencement of legal proceedings, it normally leads to a prosecution if the charge is not paid.

There can be circumstances, however, where the fixed charge notice may be cancelled, in accordance with Garda procedures drawn up in the light of legislative exemptions and prosecutorial guidelines. Cancellation occurs where it is believed the evidence would not sustain a prosecution or a prosecution would not be appropriate, fair or proportionate. The procedures provide authority to district officers, or inspectors acting as district officers, and an inspector in the fixed charge processing office to cancel fixed charge notices.

Cancellation can occur in circumstances where, for example, exemptions apply to emergency vehicles or the wearing of seatbelts, or where there are evidential difficulties, such as where the registration number registered by a speed camera does not correspond to the vehicle in question, or where there are emergency medical circumstances such as, for example, a sick child being driven to hospital, an imminent birth, or a medical professional rushing to a sick or elderly patient. Access to cancel a fixed charge notice through PULSE is restricted to users with the rank of inspector or higher.

As the Deputy will be aware, allegations concerning the cancellation of fixed charge notices are being examined by an assistant commissioner who is due to report his findings shortly. I have received an interim report from the Commissioner, but I will not be making any comment on any of the allegations until the final report is available. What I would, again, say is this: these allegations are being taken seriously and are being thoroughly investigated. It would be premature and wrong to assume that all of these cancellations of fixed charge notices were inappropriate. I would caution against this continued rush to judgment before we know all of the facts. As the Garda Commissioner has said, this would be unfair, both to members of the Garda and the motorists concerned. Let us, therefore, await the outcome of the investigation which, as the Commissioner has said, will be both comprehensive and rigorous.

Mick Wallace (Wexford, Independent)
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It is as if the rules are being made up in retrospect. A Garda circular, HQ45/09, outlining policy regarding termination of fixed-charge penalties was issued in 2009. It states that it applies only to a driver of a fire brigade vehicle, an ambulance or the use by a member of An Garda Síochána of a vehicle in the performance of the duties of that member, or a person driving or using a vehicle under the direction of a member of An Garda Síochána. That is a very different story from what we have just heard from the Minister.

The irregular patterns evident from the dossier and from the PULSE records clearly indicate that the application of discretion by some gardaí amounts to serious abuse of that power. The examples cited in the dossier suggest that this is a relatively common occurrence. Any discretion held by any civil servant must be exercised within cautious legal limits and subject to strict monitoring and oversight or else it becomes open to abuse. This is why we have called for an independent public inquiry to review the exercise of this discretion by gardaí.

Michael Kitt (Galway East, Fianna Fail)
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I thank the Deputy.

Mick Wallace (Wexford, Independent)
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As the dossier indicates, this discretion is exercised in a way which is non-transparent, non-reviewable, not subject to any appeal system, not subject to any formal recorded process evidenced by a paper trail, not subject to any formal examinable criteria and not subject to any oversight or monitoring. The Minister had a number of options for tackling this rather than through an internal inquiry with a body investigating itself. Under section 102 of the Garda Síochána Act the Minister could have requested the Garda Síochána Ombudsman Commission to investigate any matter that appears to indicate that a member may have behaved in a manner that would justify disciplinary proceedings. If the Minister considers it is in the public interest - as this surely is - he could also have requested the Garda Síochána Ombudsman Commission to examine practices and procedures of gardaí and report back under section 41.4, or under section 42 the Minister may order a special inquiry by an appointed person if he considers the matter one of public concern.

Michael Kitt (Galway East, Fianna Fail)
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I thank the Deputy.

Mick Wallace (Wexford, Independent)
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Did the Minister consider the issue to be one of public concern?

Michael Kitt (Galway East, Fianna Fail)
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These are very long questions and we are nearly out of time.

Alan Shatter (Dublin South, Fine Gael)
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I am aware of the Deputy's concern about this issue and of the various queries he has raised about it. However, it is important not to assume that members of the Garda Síochána are dishonest, corrupt or unable to carry out their duties properly. Unfortunately that seems to be an assumption he is making. I will again reiterate what I said. I take this matter seriously, as does the Garda Commissioner, and it is being fully investigated. I will not prejudge that investigation. The issue as to the rules applicable to cancelling fixed charges are as I stated and are not confined to the matter to which the Deputy refers.

I believe it is appropriate, as I believe most members of the House do, that members of the Garda Síochána can exercise discretion in the manner in which they deal with certain matters and apply a degree of common sense. The important thing is that no special favour is done for any individual, that nothing wrong is done in return for receipt of any moneys and that no individuals are prosecuted in circumstances that are unfair where others have been exempt from prosecution. It is important that the law is evenly and properly applied.

It is also important to be able to address fixed-charge notices mistakenly issued because the registration does not comply with the vehicle an individual owns. If, for example, a constituent of the Deputy's was taking his wife on the verge of giving birth to hospital and he was speeding, I believe the Deputy would be rightly outraged if such a person ended up with a fixed-charge notice in circumstances where there was no resulting accident and the wife was simply being taken to hospital. The same would apply to a parent taking a seriously ill child to hospital. Gardaí exercise a degree of common-sense discretion.

The Deputy asked me about section 42 of the Garda Síochána Act 2005. As the Deputy rightly says, under that provision I may appoint a person to "inquire into any aspect of the administration, practice or procedure of the Garda Síochána" or the conduct of members if the matter is of concern to the public. I do not intend to give consideration to so dealing with the matter in the absence of the full and final report of the Garda Commissioner into the allegations. I again urge the Deputy not to prejudge the outcome of that investigation. As I have done in the past, I again assure the House that I will inform it fully of the outcome of the investigation. If there are issues of concern, they will be addressed. If it arises out of the investigation that some further inquiry should be conducted, I assure the House that decision will be made. However, I will not prejudge an investigation that is taking place in good faith by an assistant commissioner into a matter that the Garda Commissioner and I regard as serious. I urge the Deputy to curb his enthusiasm for seeking to imply that honourable members of the Garda force are behaving in some inappropriate manner. We will see what the outcome of the investigation is. If something untoward arises from that, I assure the Deputy that appropriate steps will follow.

Michael Kitt (Galway East, Fianna Fail)
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Question No. 4 in the name of Deputy Niall Collins.

Mick Wallace (Wexford, Independent)
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I have not insinuated that gardaí-----

Michael Kitt (Galway East, Fianna Fail)
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We have gone way over time. I told the Deputy that we had long questions and maybe long answers. We should try to keep them short because many Deputies want to ask questions. Does the Deputy wish to clarify a point?

Mick Wallace (Wexford, Independent)
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Yes, please.

Michael Kitt (Galway East, Fianna Fail)
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I call the Deputy very briefly.

Mick Wallace (Wexford, Independent)
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I have not insinuated that gardaí across the country are corrupt. We are talking about senior members terminating fixed-charge notices. Is the Minister not concerned that one superintendent terminates a handful and another terminates more than 1,000? No one is prejudging anything. However, if I want to judge it at all, should we not have an independent inquiry? Does the Minister believe it is good for a body to investigate itself? Is that good law? I do not believe the Minister believes that.

Alan Shatter (Dublin South, Fine Gael)
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This matter arose and following it arising, the matter is being investigated. If that investigation does not comprehensively address all the issues, the matter will be dealt with further. I am awaiting the result of that investigation and I have been assured that I will get it relatively shortly and thereafter will consider the position.