Frances Fitzgerald (Dublin Mid West, Fine Gael) | Oireachtas source

I thank Senators for the invitation to be here this evening. I welcome this opportunity to address these important and very disturbing issues. I again stress, as I have just done in the Dáil and as the Taoiseach did during Leaders’ Questions this morning, the utmost seriousness with which the Government regards these issues.

It is essential that the Government, the Oireachtas and all our citizens can trust members of An Garda Síochána because the security of our citizens is obviously central and we depend on An Garda Síochána for that. We need to be able to depend on An Garda Síochána carrying out its duties fairly, impartially and in fully accordance with the law.

The public has to be able to believe statistics and all information provided by An Garda Síochána because so much rests on that. Many policy decisions are made on the basis of it and that is why early on when some doubts were cast on the crime investigation statistics, I brought in the CSO for discussion on this. It began a process of verification and has now confirmed that we can rely more and more on those figures. There is a problem internationally with regard to the robustness of crime reporting, but we need to make sure we have the very best systems in place. The CSO is now monitoring that here.

It is essential that we get the answers we need and I am totally committed to ensuring that happens. The issues that have been raised go to the heart of policing in the State. They go to the heart of public confidence in our police force and the area of policing involved, that of roads and traffic, is one that affects every one of our citizens. So many of us have been affected by tragedy on the roads, be it the death of friends, family members or colleagues - everybody has been touched by those accident statistics. We need to know as citizens that those charged with enforcing the laws designed to ensure our safety do so to the highest standards.

I met the Garda Commissioner yesterday and I conveyed the Government’s very deep concern at the revelations of recent days. The facts we now know about how breath tests were being conducted and the operation of the fixed-charge system are completely unacceptable and raise very troubling questions. The scale and detail of these issues became apparent last week at the Garda press conference and I am determined that all the facts will emerge.

Obviously, everybody here has questions as to why this happened. How could it have happened? Who was responsible? Were there people in charge? What was the line of accountability? We are talking about an organisation that has a line of accountability. We have to go in and find out precisely how this could possibly have happened in an organisation such as An Garda Síochána.

An anonymous complaint was made to the Road Safety Authority in 2014, outlining a number of issues which included the operation of mandatory alcohol testing, MAT, checkpoints. This related to checkpoints as opposed to the actual giving of the breath test. The complaint was referred to An Garda Síochána by the then Minister for Transport, Tourism and Sport, the Minister, Deputy Varadkar. An Garda Síochána indicated in a detailed letter to my Department in May 2014 that it had looked into the claims regarding MAT checkpoints and was satisfied that correct procedures were in place to account for MAT checkpoints that ultimately proceeded. In legislation, the setting up of a MAT checkpoint must be authorised by the local station inspector. Therefore, there is a very clear record of where MAT checkpoints are authorised. That would only change if for some reason the checkpoint was not carried out because gardaí were diverted elsewhere. At that point it said it was satisfied as to the actual number of checkpoints as opposed to breath tests.

In June of last year my Department was made aware that some discrepancies had been identified in respect of mandatory alcohol testing and that the Garda was starting a national audit. It indicated in June 2016 that no issues stemmed from this audit with regard to the performance of MAT checkpoints or prosecutions arising from same. This means that the cases, relating to those people who were above the limit, that needed to go to court went to court and the prosecutions were sound. There is no issue with the prosecutions because those were the cases where the person was clearly above the limit. Of course, the issues that have arisen are about the number of tests carried out, which is different. In June 2016 it indicated it had become aware of some discrepancies, and an IT solution had been developed and would be implemented towards the end of 2016.

After that my departmental officials, who were liaising with the traffic division, sought regular updates from the Garda as to the progress of the audit that was then taking place into the issue. An Garda Síochána indicated in February 2017 that it was anticipated that the national audit would be finalised in the second quarter of 2017. I was expecting that national audit at the end of the second quarter of 2017. Although that audit has not yet been finalised, the Garda announced figures at its press conference relating to the discrepancy between the number of tests conducted at MAT checkpoints as per its own records compared with the records held by the Medical Bureau of Road Safety. The Garda first had its own national figures early in March. When it then compared them with the figures from the bureau, it saw this extraordinary discrepancy of 1 million.

There was no indication as to the scale of this when the Garda originally informed me it was looking at this in June 2016. It is clear from what the Commissioner said yesterday and from her public statements, that it was not known at that time to Garda management either.It was in order to assess the scale of the problem that the national audit of MATs was launched one year ago. I did not become aware of the huge discrepancy in the breath test figures until it was revealed at last week's Garda press conference. I was expecting the report at the end of June but the personnel in the Garda dealing with this - because they were having their press conference - decided, having just found out shortly beforehand what the scale of the discrepancy was, that this material should be in the public arena.

On the question of the fixed charge notices, I was informed in June 2016 of an error in regard to summons having been incorrectly issued to persons who should have received a fixed charge notice for the offence of not having a valid NCT certificate, which became a fixed charge offence in December 2014. An Garda Síochána indicated that following on from those initial findings, further inquiries were being carried out in relation to all summons issued in relation to other fixed charge offences. In a press statement issued on the same date - this was in the public area as they had put out a press statement in June last - An Garda Siochána confirmed that it had commenced a review of prosecutions in relation to all fixed charge offences. That letter set out the remedial actions it was already taking, which included withdrawing prosecutions in any affected cases - there would have been cases from that period to this that were withdrawn - and putting in place an IT solution. Up that point the PULSE system had not identified that it was a charge of not having a valid NCT certificate on its own and a summons should not be issued. It is now developing a longer-term IT solution to that.

My Department sought regular updates as to the progress of the review taking place into the fixed charge processing system issues covering the period from 2014 to 2016. The results of that review for the two-year period were communicated to my Department on 14 March 2017. That letter indicated that a total of 1,781 cases had been identified where persons had been convicted in situations where they had been incorrectly summonsed to court, either without first having been issued a fixed charge notice or having been issued and paid a fixed charge notice. Of all the cases that have subsequently emerged, there were various charges against many of those who were brought to court, for example, more serious charges of driving without insurance or speeding, but there were 5,800 cases of not having a valid NCT certificate alone and they should not have been in court. In the other cases, it was a combination of offences. Clearly, the offence that should not have been bundled in with the others was the fixed charge notice for not having a valid NCT certificate, and all of them will have to go back. The Director of Public Prosecutions has been consulted. She indicated the review should be extended to include cases pre-2014. The letter I got more recently stated that consultations remained ongoing with the DPP and the Courts Service in regard to commencing the process of setting aside the convictions in the courts. The DPP states, as I have said, the review should be extended back, and the audit is still ongoing.

I became aware of the figure of some 4,700 cases where a conviction took place after an incorrect procedure when the Garda Síochána made that information public last week. It had finally pulled all of the audit together in the weeks since it had first indicated to me the 1,781 cases. It is a matter of great regret to me and I am sure everybody here that any citizen was summonsed to court who should not have been and had to deal with that, with all of the consequences that follow for individuals. We will not know the consequences until each of those cases goes back into court and is examined individually. They will have to go back to the District Court first and then be referred on to the Circuit Court. It is critical for all of those persons and for the justice system that these mistakes are resolved and the necessary remedial actions put in place, which, of course, could include compensation. There have been situations where - we do not know the numbers - there would have been consequences. If, for example, drivers went over the 12 penalty points threshold, they could have lost their licence and there could have been consequences. There is a series of issues. We do not know the detail and we have to await the cases going back before we will be able to see precisely what the outcomes in court will be.

On the question of FCPN, at my meeting with her yesterday, the Commissioner assured me that arrangements are being put in place in relation to the persons affected. All of these cases will be appealed by An Garda Síochána in order to ensure, as I have said, that the courts set aside these convictions, all fines will be reimbursed and penalties removed, and all of those affected will be contacted directly and individually by letter. Letters will begin issuing to all of these individuals on 3 April. I made it clear that I want this process to be as speedy as possible so that these wrongs can be righted in the speediest possible way.

There are IT and operational solutions in place now to ensure that these practices have now ceased. There is a permanent and comprehensive IT solution now in place. The PULSE system was not picking this up. It was not geared to do so but it should have been. Clearly, the practise issues were also failing where individual gardaí were not ensuring that these cases did not go to court. I imagine that in quite a number of cases solicitors will probably have picked this up for their clients and there may have been cases that were dealt with in the appropriate way but still should not have gone to court. There is a continuum of how they have been dealt with. The focus now has to be on what is being done to get to the full truth of what transpired and the accountability that must be brought to bear.

In the case of mandatory alcohol tests, first, there was a paper based system and a verification processes. In November 2016, a new IT upgrade was installed on the Garda PULSE system. The net effect of the new IT upgrade was that personnel now have to record the serial number of the device plus the meter reading before and after the checkpoint is concluded. This was not part of the procedure previously. If that was being done a much more robust system would have been in place. I met the professor with responsibility for this in the medical bureau, Professor Cusack, yesterday at the committee. The Departments of Transport, Tourism and Sport and Justice and Equality hold a number of meetings per year and we happened to have one yesterday. He confirmed that the new machines will have GPS and there is the ability for what is on them to be recorded automatically and go straight in to the medical bureau's system. That is a total change from the system that has been operating over the years and it will change the situation. It would mean that this type of thing could not happen again.

As I say, the focus now has to be on what is being done to get to the full truth of what transpired and the accountability that must be brought to bear. We must have accountability in this. In the Garda, there is a line of accountability. As for how this could have happened, we need to have an investigation that holds persons responsible at all levels of the Garda organisation who allowed such large discrepancies in the breath testing figures to arise. The Commissioner announced such an investigation yesterday. It was to be an internal investigation but, following our discussion at Government today and my one view that there should be an independent investigation, we will hold discussions with the Policing Authority to work out how to best achieve that.

I met the chair of the Policing Authority, Ms Josephine Feehily, yesterday and informed her that I was formally referring both of these matters to that body under the Garda Síochána Act. At that meeting, Ms Feehily informed me that the authority will have an independent professional audit undertaken of the steps taken to resolve these issues. That is an essential part of providing the necessary public reassurance. The Government is now saying it should be completely independent. Under the legislation I brought in establishing the Policing Authority, there is a mechanism for myself and the Minister for Public Expenditure and Reform to authorise such an investigation and to make the funding available for it.

Following the briefings I gave to Government today, the clear view that emerged is that these issues have given rise to the most serious concerns, not only among public representatives but also the wider public. No doubt confidence in An Garda Síochána has been dealt a serious blow in the past week and we must rebuild that confidence in a variety of ways, but we must get explanations as well. We will use all the legal mechanisms that are in place in regard to the Policing Authority, or if necessary, the Inspectorate, to establish the full facts. There has to be accountability. It is essential that the process of reform is rigorously implemented in An Garda Síochána and it has to be seen to being implemented.The close oversight of the Policing Authority is one of the key ways of doing that.

As the Taoiseach stated, the Government believes that the level of public concern regarding some issues affecting the Garda is now so profound that it is time to conduct a thorough, comprehensive and independent root and branch review of the Garda. This proposal will require further detailed consideration by the Government. I would like to believe that such a proposal would have the support of the House and that we would have the opportunity to get input from Senators as to how the review should be conducted, its terms of reference and the issues that it should examine. For many years, people have discussed how, for example, the policing service also provides security. Points have been made about its management systems and questions raised about whether they are fit for purpose. Given all of these issues, the time is right to establish this kind of commission.

The Government accepts that change is required. As the Minister for Justice and Equality, I have introduced some of the most significant reforms in policing since the foundation of the State, including the establishment of the Policing Authority, additional powers for GSOC and greater civilianisation. The Government has shown significant support for the Garda through the investment of €200 million plus in upgrading ICT. There are considerable data-related issues in the Garda. If the ICT infrastructure is not there, categories of offences are not captured properly. There are serious issues as to how this happened. Was it a casual approach? Was it exaggeration? Was it an ethical issue? Was it deceit? Was there collusion? We must get to the bottom of how a discrepancy of 1 million tests across all districts could happen. It is a serious matter and conflicts with internal audits.

I hope that Opposition Senators and Deputies will accept the offer to work with the Government on our intended examination. In the meantime, the various bodies that we have established should proceed with their work. We want the Policing Authority to continue supervising the ongoing reforms. I have referred the Garda Inspectorate's reports to the Policing Authority. Senators will be aware that the first report has returned in terms of the implementation of the reform programme. That relates to the oversight of the Policing Authority, but there are more than 1,000 recommendations from the Garda Inspectorate and they will not be implemented overnight. It is important that their implementation is being monitored on a continuous and transparent basis. We continually need to empower the Policing Authority to do that.