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Joint Oireachtas Committee on Justice, Defence and Equality: Recent Controversies Concerning An Garda Síochána (30 Mar 2017)

Pearse Doherty: -----but that is not what the Commissioner has said. She said they were responsible. She said, "We all take responsibility for this". I suggest to the Commissioner that members of the Garda Síochána under her control who had no hand, act or part in this were not responsible and it is wrong for her, as Commissioner, to spread the responsibility that wide and suggest to them that...

Joint Oireachtas Committee on Justice, Defence and Equality: Recent Controversies Concerning An Garda Síochána (30 Mar 2017)

Pearse Doherty: With respect, that is not what the Commissioner said. She said, "We all take responsibility for this". Does the Commissioner want to withdraw that remark with regard to suggesting that each person is responsible for what has gone on?

Joint Oireachtas Committee on Justice, Defence and Equality: Recent Controversies Concerning An Garda Síochána (30 Mar 2017)

Pearse Doherty: I will move on but I suggest the Commissioner has already laid the blame on every member of the Garda Síochána in her opening statement and she has failed to withdraw that when I have given her the opportunity to do so. That is misguided on her part. With regard to the figure of 14,700 we have heard about since the press conference, can the Commissioner inform the committee if...

Joint Oireachtas Committee on Justice, Defence and Equality: Recent Controversies Concerning An Garda Síochána (30 Mar 2017)

Pearse Doherty: Each one of those 14,700 individuals were not given an opportunity to pay a fixed charge notice and that is where those figures stem from, is that correct?

Joint Oireachtas Committee on Justice, Defence and Equality: Recent Controversies Concerning An Garda Síochána (30 Mar 2017)

Pearse Doherty: What is the story with the 1,130 individuals who were also summonsed to court who paid their fixed charge notices? Were any of them prosecuted?

Joint Oireachtas Committee on Justice, Defence and Equality: Recent Controversies Concerning An Garda Síochána (30 Mar 2017)

Pearse Doherty: A total of 1,130 individuals were summonsed to court for offences where a fixed charge notice had already been paid by them. Were any of them prosecuted? Were any of them convicted?

Joint Oireachtas Committee on Justice, Defence and Equality: Recent Controversies Concerning An Garda Síochána (30 Mar 2017)

Pearse Doherty: That is not my question. Assistant Commissioner Finn has clarified for the committee that the 14,700 cases brought before the court and from which convictions arose were issues where summons were issued without them being given an opportunity to pay a fixed charge notice. That is what he said in his press release on 27 March. My question is on the review, which identified 1,130 cases where...

Joint Oireachtas Committee on Justice, Defence and Equality: Recent Controversies Concerning An Garda Síochána (30 Mar 2017)

Pearse Doherty: They did end up in court. Summons were issued.

Joint Oireachtas Committee on Justice, Defence and Equality: Recent Controversies Concerning An Garda Síochána (30 Mar 2017)

Pearse Doherty: The witnesses are not clear about this. Some of the 14,700 individuals who were convicted before the courts were afforded the opportunity to pay the fixed charge and did so. Is that correct? The earlier response to this question seems not to be accurate.

Joint Oireachtas Committee on Justice, Defence and Equality: Recent Controversies Concerning An Garda Síochána (30 Mar 2017)

Pearse Doherty: The press release states that the examinations between 1 January 2006 and 27 May 2016 identified 146,865 summonses for people who had committed offences and were brought before the courts incorrectly. This means they were issued with summonses without having been given the opportunity to pay the fixed charge. That statement is not accurate because some of those included people who were...

Joint Oireachtas Committee on Justice, Defence and Equality: Recent Controversies Concerning An Garda Síochána (30 Mar 2017)

Pearse Doherty: The Garda put out incorrect information in its press release last week. Some people were given the opportunity to pay the fixed charge and did so.

Joint Oireachtas Committee on Justice, Defence and Equality: Recent Controversies Concerning An Garda Síochána (30 Mar 2017)

Pearse Doherty: Are there any cases further to the 14,700 who paid fixed charge notices and were summonsed to court and convicted?

Joint Oireachtas Committee on Justice, Defence and Equality: Recent Controversies Concerning An Garda Síochána (30 Mar 2017)

Pearse Doherty: The suggestion in the public domain is that the 14,700 referred to were not given the opportunity to pay the fixed charge notice but we now know that this is not the case for all 14,700. The commissioner said that in each and every case an offence had been committed but we have now established that in a lot of cases the offence was rectified. They had broken the law by speeding or some...

Joint Oireachtas Committee on Justice, Defence and Equality: Recent Controversies Concerning An Garda Síochána (30 Mar 2017)

Pearse Doherty: The Commissioner said that an incorrect procedure was employed but for a sizeable number of these individuals, it was not a case of procedure. They had broken the law but had rectified the position according to the law by paying the fixed charge notice and gardaí falsely continued to prosecute them. There was no offence for which these people should have been prosecuted.

Joint Oireachtas Committee on Justice, Defence and Equality: Recent Controversies Concerning An Garda Síochána (30 Mar 2017)

Pearse Doherty: On 6 February 2016, An Garda Síochána was first informed of this and it issued instructions to cease creating summonses for the offence of not having a valid NCT certificate. Can Mr. Finn confirm that no such summons was issued after that date and that no convictions arose?

Joint Oireachtas Committee on Justice, Defence and Equality: Recent Controversies Concerning An Garda Síochána (30 Mar 2017)

Pearse Doherty: The Garda information centre became aware of this and instructed staff to cease creating summonses for the offence of not having a valid NCT certificate. Can Mr. Finn confirm that no such summons was issued after that date and that no convictions arose? It became clear on this date that it was illegal to prosecute people for this.

Joint Oireachtas Committee on Justice, Defence and Equality: Recent Controversies Concerning An Garda Síochána (30 Mar 2017)

Pearse Doherty: Were summonses issued? I appreciate that there are different sections within the force but the public see that the Garda knew about this on the date in question. They want to know if the Garda continued to prosecute people falsely. Did it continue to take people to court and were there convictions?

Joint Oireachtas Committee on Justice, Defence and Equality: Recent Controversies Concerning An Garda Síochána (30 Mar 2017)

Pearse Doherty: Does Mr. Twomey have the answer or does he not have the answer?

Joint Oireachtas Committee on Justice, Defence and Equality: Recent Controversies Concerning An Garda Síochána (30 Mar 2017)

Pearse Doherty: Were summonses issued after the date when the Garda became aware that it was illegal and should be stopped? I am sure it was unlawful to summons citizens to appear before the courts for something for which they were not responsible under law.

Joint Oireachtas Committee on Justice, Defence and Equality: Recent Controversies Concerning An Garda Síochána (30 Mar 2017)

Pearse Doherty: Can Mr. Twomey answer the question? Is he aware of summonses being issued after 6 February or of convictions secured on the back of those summonses after that date?

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