Mick Wallace (Wexford, Independent)
Link to this: Individually | In context | Oireachtas source

77. To ask the Minister for Justice and Equality when he will publish the new fixed charge processing manual as recommended by the GPSU; and if he will make a statement on the matter. [46595/13]

Clare Daly (Dublin North, Socialist Party)
Link to this: Individually | In context | Oireachtas source

87. To ask the Minister for Justice and Equality if he is committed to the 12 recommendations made in the GPSU report; and if he will make a statement on the matter. [45962/13]

Luke Flanagan (Roscommon-South Leitrim, Independent)
Link to this: Individually | In context | Oireachtas source

101. To ask the Minister for Justice and Equality if he has implemented the set of recommendations made in the GPSU report which he accepted as principles to be adhered to; and if he will make a statement on the matter. [45981/13]

Mick Wallace (Wexford, Independent)
Link to this: Individually | In context | Oireachtas source

The GPSU report dated April 2013 clearly sets out, as one of its 12 concluding recommendations, that an entirely revised fixed charge processing manual, to include the 24 relevant documents the GPSU had to examine to find out what the fixed charge policy actually was, be compiled, distributed and communicated to the Garda Síochána. Unusually, the GPSU report set out a strict time limit of three months for this to happen, but the Minister and the Garda Commissioner have failed to comply with this recommendation. Seven months on all that has issued is a four page circular dated 30 August, almost five months after the date of issue of the report. Will the Minister tell the House when he expects to be able to comply with the GPSU recommendation to revise the fixed charge processing manual-----

Michael Kitt (Galway East, Fianna Fail)
Link to this: Individually | In context | Oireachtas source

The Deputy should simply introduce the question. He will have two further opportunities to ask questions.

Alan Shatter (Dublin South, Fine Gael)
Link to this: Individually | In context | Oireachtas source

I propose to take Questions Nos. 77, 87 and 101 together.

The report dated April 2013 from the professional standards unit in the Garda Síochána looked at the processes and systems in place for the cancellation of fixed charge processing notices. The report complements the report prepared by Assistant Commissioner John O'Mahoney on his examination of the allegations of irregularities in the operation of the fixed charge processing system. The two reports recommended a number of changes aimed at ensuring tighter administrative procedures were correctly followed throughout the force in the cancellation of fixed charge notices.

The two reports were published on my Department's website on 15 May. In publishing the reports I welcomed their recommendations for enhanced safeguards to ensure integrity in the fixed charge processing system.  In addition, in order to provide even further public reassurance on the effectiveness of thee changes and with the agreement of the Garda Commissioner, I asked the independent Garda Síochána Inspectorate to review the changes and make any necessary supplementary recommendation and then to review their implementation after 18 months.  The inspectorate is making progress in this work and I expect to receive its report shortly. Its assessment of the recommendations made in the two Garda reports and any further recommendation in this area which it feels is warranted will be put in the public domain via its website.

The Garda Commissioner issued a directive with revised cancellation procedures in regard to fixed charge notices to all members of the Garda Síochána on 30 August. The revised fixed charge processing user manual and procedures must await the report of the Garda Inspectorate as it will be necessary to take account of any recommendation from that source. I also provided the two reports for the Joint Committee on Justice, Defence and Equality for its consideration and advice on any further recommendation or procedural or legislative change which is desirable in this area. I have also consulted my colleague the Minster for Transport, Tourism and Sport on the matter.

I am absolutely committed, as is the Commissioner, to the introduction of whatever improvements are necessary to ensure continuing public confidence in the fairness and integrity of the implementation of road traffic laws by the Garda Síochána.

Mick Wallace (Wexford, Independent)
Link to this: Individually | In context | Oireachtas source

The Minister did not really explain why it had taken more than the three months the GPSU had set down. One could be forgiven for thinking the recommendations of the GPSU have been disregarded by the Minister.

When the GPSU issued its 12 recommendations, the Minister chose seven and stated that they contained vague principles with which he could possibly work and to which he could perhaps give consideration. Does he have the appetite to give a commitment - on the record of the House - to the effect that he will implement the 12 recommendations set out in the GPSU report? I accept that matters take time but given that the GPSU imposed a strict time limit of three months, I am baffled as to why - some seven months later - nothing has been done. One could be forgiven for thinking that there is a lack of seriousness on the part of the Minister in the context of dealing with the recommendations of the GPSU.

Alan Shatter (Dublin South, Fine Gael)
Link to this: Individually | In context | Oireachtas source

I have no idea at all why Deputy Wallace always thinks the worst of me or why he ascribes particular motives in respect of various events that occur.

Finian McGrath (Dublin North Central, Independent)
Link to this: Individually | In context | Oireachtas source

The Minister did not help his case in that regard when he appeared on "Prime Time".

Alan Shatter (Dublin South, Fine Gael)
Link to this: Individually | In context | Oireachtas source

The Garda Commissioner issued his instructions on 30 August in order to ensure that the relevant procedures would be tightened up and that any issue of concern would be addressed. I am sure that when it has completed the work it is undertaking, the Garda inspectorate will report to me. When we receive that report, it will be considered with the utmost seriousness. In the meantime, the Deputy may rest assured that the relevant issues of concern were addressed in the Garda Commissioner's report on 30 August. The Deputy was not in the House earlier when I made reference to the report of the Comptroller and Auditor General and the acceptance by the Garda Commissioner of the recommendations made by him. The matter has substantially moved on but it appears the Deputy may be locked in something of a political time warp, particularly as he feels the need to continually and obsessively raise and pursue this issue on each occasion on which I am present to reply to questions to the Department of Justice and Equality.

Michael Kitt (Galway East, Fianna Fail)
Link to this: Individually | In context | Oireachtas source

I call Deputy Clare Daly, who also tabled a question on this issue.

Mick Wallace (Wexford, Independent)
Link to this: Individually | In context | Oireachtas source

I am somewhat taken aback-----

Michael Kitt (Galway East, Fianna Fail)
Link to this: Individually | In context | Oireachtas source

Sorry, I called Deputy Clare Daly.

Clare Daly (Dublin North, Socialist Party)
Link to this: Individually | In context | Oireachtas source

Does Deputy Wallace not have another 60 seconds to ask a supplementary?

Mick Wallace (Wexford, Independent)
Link to this: Individually | In context | Oireachtas source

As I was saying, I am somewhat taken aback that the Minister would ever be of the view that I might think the worst of him. That is a little unfair. All I am seeking to do is ensure that a level of accountability will be introduced in the context of certain aspects of policing. I apologise for not being present earlier and for missing the Minister's reply to an earlier question. Will he confirm whether GSOC has direct access to the PULSE computer system? It may have been granted such access but I have not heard whether that is the case.

Does the Minister have any intention of publishing the appendices to the internal review that was carried out in respect of the penalty points episode? Rather than being informed that someone said that X or Y happened, we would love to know from where the evidence came and the facts relating to the position on this matter. It is bad enough that the report was carried out internally and was not independent. It would be good if we could identify from where the relevant evidence came. I do not think the worst of the Minister at all. I have actually met worse individuals than him.

Alan Shatter (Dublin South, Fine Gael)
Link to this: Individually | In context | Oireachtas source

I appreciate that the Deputy is in search of his appendix. The appendix to the report was made available to the Joint Oireachtas Committee on Justice, Defence and Equality in order to facilitate any deliberations in which it may engage in the context of dealing with the O'Mahony report. Unless I am very much mistaken, I presume this is the appendix to which the Deputy refers. It is the responsibility of the joint committee to report on the material it has received and to hold any hearings it deems appropriate. As I stated earlier and as the Deputy would know had he been present, should the joint committee make any recommendations on foot of any deliberations in which it might engage, these will be considered with great seriousness.

Clare Daly (Dublin North, Socialist Party)
Link to this: Individually | In context | Oireachtas source

The problem with the Minister's answer is that the relevant information has been in the public domain for months. What has emerged in the interim is a new four-page circular in which it is acknowledged that all was not well in the state of Denmark. Said acknowledgement runs contrary to the Minister's assertion to the effect that everything was fine. Changes were recommended but what the GPSU suggested, namely, that an entire set of procedures should be introduced and made available to all on the website, has not come to pass.

The other problem the Minister has is that one of the individuals who blew the whistle on this issue is out of a job, while the other is not entitled to do his job appropriately because he drew attention to this matter. The Minister indicated that if there were problems they would be addressed, and that procedures had been tightened up. The problem with his statement is that he also told us there were no problems with the procedures in the first instance. We are telling him again that there were problems with procedures, as has been acknowledged by the Comptroller and Auditor General, the Garda Professional Standards Unit and many other organisations. There is still a problem and the Minister has not addressed it or given a commitment to do so, as he said he would.

Alan Shatter (Dublin South, Fine Gael)
Link to this: Individually | In context | Oireachtas source

I will certainly relay to my colleague the Danish Minister for justice the Deputy's concern about the State of Denmark. I do not know what the Deputy knows about the State of Denmark or how it deals with these issues, but she makes an interesting analogy.

Thomas Pringle (Donegal South West, Independent)
Link to this: Individually | In context | Oireachtas source

More procrastination from the Minister.

Alan Shatter (Dublin South, Fine Gael)
Link to this: Individually | In context | Oireachtas source

The position is simply that important changes were required to address issues that had arisen, as I made explicit and as the O'Mahoney report detailed, and in respect of which proper procedures were not complied with in some instances. In this regard, disciplinary action has been taken against some members of the Garda. I described as exotic some of the substantive decisions made where procedures were properly complied with. However, some of the more serious allegations that were made - for example, that road fatalities resulted and people lost their lives because of Garda failures in this area - proved to be untrue and unsubstantiated. One of the individuals to whom the Deputy referred retired from the force and was not pushed out, as the Deputy put it.

Clare Daly (Dublin North, Socialist Party)
Link to this: Individually | In context | Oireachtas source

I said he was unable to do his job.

Alan Shatter (Dublin South, Fine Gael)
Link to this: Individually | In context | Oireachtas source

The individual in question retired after more than 30 years in the force. I recall the same individual appearing on TV3 and condemning the O'Mahoney report about 30 minutes after we published it, at which point he would not have had time to read it.

Clare Daly (Dublin North, Socialist Party)
Link to this: Individually | In context | Oireachtas source

The Minister has made incredibly derogatory remarks about somebody who served his time as a garda. His comments amount to a complete dismissal of the difficulty that a serving garda is currently enduring in seeking to carry out his job. The Minister can hide behind various smart-alec remarks but the reality is that he has not committed to the measures he said he would introduce to address these issues. The reports that were commissioned, including the O'Mahoney report, sought at every stage to minimise and downplay the claims made by the individuals in question, and the Minister is continuing that tradition today.

Michael Kitt (Galway East, Fianna Fail)
Link to this: Individually | In context | Oireachtas source

The Deputy did not ask a question.

Alan Shatter (Dublin South, Fine Gael)
Link to this: Individually | In context | Oireachtas source

I will make a brief reply with regard to the announcement made on foot of the publication of the O'Mahoney report to all members of the Garda on 30 August. The Garda Commissioner made it very clear that measures had been implemented and steps taken to ensure proper procedures are applied in dealing with an issue that is of importance and that I regard as important. The Deputy does not treat it as important but sees it as something that she can repetitively raise in the hope of a getting a headline somewhere.

Clare Daly (Dublin North, Socialist Party)
Link to this: Individually | In context | Oireachtas source

I am hoping to get an answer.

Alan Shatter (Dublin South, Fine Gael)
Link to this: Individually | In context | Oireachtas source

In the context of the Joint Committee on Justice, Defence and Equality, it is open to members, if they so wish, to invite the two individuals to whom the Deputy referred to make a presentation-----

Clare Daly (Dublin North, Socialist Party)
Link to this: Individually | In context | Oireachtas source

The Minister said that six months ago.

Alan Shatter (Dublin South, Fine Gael)
Link to this: Individually | In context | Oireachtas source

-----and provide evidence that would undermine anything contained in the O'Mahoney report, as opposed to simply being abusive of the report and the individual who conducted it. If it can be substantiated with hard evidence that there are misrepresentations in the report, I will take the matter very seriously.

Clare Daly (Dublin North, Socialist Party)
Link to this: Individually | In context | Oireachtas source

Why does the Minister not bring on the hearings?

Alan Shatter (Dublin South, Fine Gael)
Link to this: Individually | In context | Oireachtas source

It is for the joint committee to deal with the matter.

The final issue is that no police force in the world could operate with an individual within the force who felt free to simply publicly distribute, whenever it suited, all confidential information about all aspects of the work done by that police force.

Clare Daly (Dublin North, Socialist Party)
Link to this: Individually | In context | Oireachtas source

That is completely false.

Michael Kitt (Galway East, Fianna Fail)
Link to this: Individually | In context | Oireachtas source

I ask Deputy Thomas Pringle to introduce Question No. 78.

Alan Shatter (Dublin South, Fine Gael)
Link to this: Individually | In context | Oireachtas source

Are we not on Question No. 68?

Thomas Pringle (Donegal South West, Independent)
Link to this: Individually | In context | Oireachtas source

The relevant Members were not in the Chamber.

Pádraig Mac Lochlainn (Donegal North East, Sinn Fein)
Link to this: Individually | In context | Oireachtas source

On a point of order, it is disappointing that certain Opposition Deputies have taken advantage of the adverse position in which other Opposition Deputies find themselves. Sinn Féin submitted questions as normal, including having nominated Deputies. We were not informed that the Deputies who tabled the questions had to be present in the Chamber and, as a result, we lost an opportunity to question the Minister. I checked with the secretary to the party Whip, who confirmed that we had not been informed that Deputies had to be present.

It is disappointing to see Members of the Opposition taking advantage of that. They should not do so; it is wrong.

Michael Kitt (Galway East, Fianna Fail)
Link to this: Individually | In context | Oireachtas source

The matter can be taken up with the office of the Ceann Comhairle. I call Deputy Thomas Pringle.

Thomas Pringle (Donegal South West, Independent)
Link to this: Individually | In context | Oireachtas source

The Whip of the Technical Group read the amendments to Standing Orders before they were introduced so we knew how the system would operate. That is why so many Technical Group Members are in the Chamber - to avail of the opportunity to raise these questions.