Lorraine Higgins (Labour) | Oireachtas source

-----much debate in recent times. That one can appeal penalty points to a Garda superintendent, who can then cancel the points, seems odd in light of the fact that gardaí should not make judgments on appeals pertaining to their own decisions. Quite simply, it is nonsensical to allow the prosecuting authorities to decide on issues relating to penalties imposed by themselves. I suggest we need a debate on the issue to work in tandem with yesterday's report. These appeals should be heard by a District Court judge who may be assigned by the Minister solely to that function. I do not think it is necessary for oral evidence to be given but simply a submission on paper. This would restore the public's confidence not only in penalty point appeals but also in the members of the Garda Síochána, who have undergone much trauma in recent months and years as a result of this issue. Judges would offer standardisation in decision making and a transparent system which is publicly credible. It would also mean that the statistics on refusals and appeals would be readily available to the public and there would be nothing to undermine the process, given that it would operate at arm's length from the prosecuting authorities. The reality is that the Garda has effectively been asked to exercise a quasi-judicial function, which is unfair to them. That is the reason I call on the Minister for Justice and Equality to come to the House to address the specific issue of how to deal with the penalty points process.