Written answers
Thursday, 17 January 2013
Department of Justice and Equality
Penalty Point System
Clare Daly (Dublin North, Socialist Party)
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To ask the Minister for Justice and Equality the reason he has not requested the Garda Ombudsman to conduct an inquiry, under the direction of a judge, as provided in the 2005 Garda Síochána Act, into allegations of the writing off of tens of thousand of fixed charge penalty notices. [2104/13]
Alan Shatter (Dublin South, Fine Gael)
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The only circumstances in which I may, under the Garda Síochána Act 2005, request the Garda Ombudsman Commission to investigate a matter is where it appears to me that a member of the Garda Síochána may have committed an offence or behaved in a manner that would justify disciplinary proceedings.
As I have informed the Deputy previously, documentation containing allegations concerning the enforcement of traffic legislation were forwarded by my Department to the Garda Commissioner. The Garda Commissioner appointed an Assistant Commissioner to conduct an examination and to report on the allegations. I have received an interim report from the Commissioner but I will not be making any comment on any of the allegations until the final report is available.
I will say again that these allegations are being taken seriously and are being thoroughly investigated. It would be premature and wrong to assume that all of these cancellations of fixed charge notices were inappropriate. I would, again, caution against any rush to judgement before all of the facts are known. As the Garda Commissioner has said, this would be unfair both to members of the Garda Síochána and the motorists concerned.
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