Donnchadh Ó Laoghaire (Cork South Central, Sinn Fein)
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2. To ask the Tánaiste and Minister for Justice and Equality if his attention has been drawn to the processes An Garda Síochána has prepared to deal with the issue of those who were the subject of a conviction related to a fixed-charge penalty notice and who may have faced consequences more significant than a fine, such as being taken into custody and loss of reputation; and if he will make a statement on the matter. [44296/17]

Donnchadh Ó Laoghaire (Cork South Central, Sinn Fein)
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As the Minister will be aware, 14,700 people wrongly received convictions for motoring offences having paid fixed charges. Others - the number is not yet clear - might have faced more significant consequences such as being taken into custody and loss of reputation and other related consequences. I wish the Minister to comment on the processes the Garda has initiated to deal with this issue.

Charles Flanagan (Laois, Fine Gael)
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I am aware that the Garda has put in place processes to deal with the approximately 14,700 cases where people were convicted in circumstances where they should have been initially offered an opportunity to pay a fixed charge before being summoned to court. A courts process is under way to ensure wrongful convictions are set aside, with the first tranche of such cases resulting in the appeals being successful. A dedicated team within the Garda is working with the Courts Service to expedite the process to rectify these fixed-charge notice or summons errors.

All motorists wrongly issued with summonses will have their cases appealed, but it will take time to track down those who have changed address in the meantime. Legal fees should be at a minimum as gardaí are progressing the cases themselves where they can. If motorists do not respond to the first contact, they will be further contacted, including through home visits, if necessary, to ensure that all appeals are finalised.

I have been advised by the Garda authorities that, to date, there is no indication that people have suffered imprisonment as a result of a summons issuing instead of an fixed-charge notice. In the majority of cases, where an incorrect summons was issued, it was done in conjunction with summonses for other offences that were tried at the same time and regarding which penalties were applied correctly.

Since these matters came to light earlier this year, the Government, including me on numerous occasions, has made it clear to the Garda that this is a most serious matter and that the behaviour in question is unacceptable.

The Garda report and the actions under way to address these serious errors are welcome but it is important to note that, at the Government's request, the Policing Authority is producing its own report, and it will deal with these issues comprehensively. That report is due to be concluded in the coming weeks. I am looking forward to the early receipt of that document.

Donnchadh Ó Laoghaire (Cork South Central, Sinn Fein)
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I am aware of the ongoing process and that there is work being done. At a meeting of the justice committee some weeks ago, I put this question to the Garda. Assistant Commissioner Michael Finn told us that as many as 119 solicitors had contacted the Garda about adverse consequences for clients. As the Minister said, nobody was imprisoned solely owing to a summons being issued instead of a fixed-charge notice. I am aware, however, of cases of individuals having been arrested. Such a case in County Kerry was reported in the Irish Examiner. The arrest entails a loss of reputation. There are many reported cases. Perhaps the lost penalty points led to a loss of a licence, which might have led to lost employment, among other implications. Considering the 119 cases raised by solicitors, there clearly are people who believe their circumstances are more severe than those encompassed by the current process being dealt with. The correspondence the Garda is sending to people is largely administrative and does not deal specifically with circumstances beyond the reimbursement of the fine and the relevant process in that regard, nor does it deal with making good any loss other than the fine. There seems to be no process. When I put this to Ms Josephine Feehily, she stated she was not aware of any process to deal with this issue.

Charles Flanagan (Laois, Fine Gael)
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I acknowledge what the Deputy said. If he has any information that might be helpful, he should remain in contact the appropriate authorities. I am not aware of any instances of imprisonment solely as a result of being a conviction following the issuing of a summons where a fixed-charge notice should have been issued instead. In 96% of the 14,700 cases identified, the persons concerned had committed other offences in respect of which issuing a summons was justified. I am aware, however, of recent media reports on individual cases and acknowledge what the Deputy has said in that regard. I am not going to comment on an individual case that was the subject of media attention, but I can reiterate that any case of which I have been made aware involved other offences which were correctly punished by way of the issuing of a summons. Therefore, the penalties imposed may well have been imposed. There may be individual cases - again, I acknowledge what the Deputy said - where people received more severe punishments solely as a result of not being afforded the opportunity to pay a fixed charge. I believe, however, that such cases comprise a very small minority. As I said, no such cases have been brought to my attention. I will be happy, however, to communicate further with the Deputy. If he has information he feels backs up what he says, he has an appropriate avenue available to him, which I trust he will use.

Donnchadh Ó Laoghaire (Cork South Central, Sinn Fein)
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The point on imprisonment is not contested, but there are reports of people being arrested at their homes and subsequently released. Obviously, this still has serious implications for their reputation.

My question, which has not been answered yet, is whether the Minister is aware of any specific process the Garda is undertaking to quantify the number of cases in which the aforesaid circumstances apply. As I said, Assistant Commissioner Finn has said 119 solicitors have contacted the Garda specifically in regard to this. Therefore, there are at least 119 people who believe that, on foot of the process as outlined by the Garda in terms of correspondence received, an administrative remedy and the possibility of reimbursement, they require further recompense, which may require an additional process. Is the Minister aware of any proceedings that have begun against An Garda or his Department regarding this matter?

Charles Flanagan (Laois, Fine Gael)
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I am aware of reports in the media of such proceedings having been issued but no specific instance has been brought to my attention. Even if it were, I would be most reluctant to comment on it, particularly if it were before the courts. What I can say is that, in the meantime, while all these appeals are being dealt with, every effort is being made by An Garda to ensure each case is examined individually. There are cases in which there may have been a change of address and there are instances where the places of residence of people who got a court summons were not immediately identifiable. Every effort is being made by the Garda to deal with these matters individually. While the appeals process is being engaged in, the outstanding issues can take their course in terms of whatever follow-up action may be required, if any.