Niall Collins (Limerick, Fianna Fail)
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10. To ask the Minister for Justice and Equality the steps he has taken since he received the report in March 2013 on fixed penalty charges to address the recommendations arising from the report; if he intends to implement all recommendations in full; and if he will make a statement on the matter. [39571/13]

Alan Shatter (Dublin South, Fine Gael)
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The report to which the Deputy refers is the report by Assistant Commissioner John O'Mahoney of the outcome of the examination into allegations of irregularities in the operation of the Fixed Charge Processing System. This report was published on my Department's website on 15 May 2013 together with a related report from the Professional Standards Unit in the Garda Síochána which looked at the processes and systems which are in place to deal with the cancellation of fixed charge processing notices.

The O'Mahoney report, which constitutes a detailed examination of the allegations, found no evidence to suggest any act of criminality, but did identify certain departures from administrative procedures. Files in respect of three members of the Force were forwarded to the Assistant Commissioner in Internal Affairs for further investigation under the Disciplinary Regulations (the question of discipline for members is, in the first instance, a matter for the Commissioner in accordance with the Garda Síochána (Discipline) Regulations of 2007).

The O'Mahoney report, and the related report by the Garda Professional Standards Unit, recommended a number of changes aimed at ensuring that administrative procedures are correctly followed throughout the Force in relation to the cancellation of fixed charge notices. In publishing the reports, I welcomed their recommendations for enhanced safeguards to ensure integrity in the Fixed Charge Processing System.  In addition, in order to provide even further public reassurance as to the effectiveness of these changes, and with the agreement of the Garda Commissioner, I asked the independent Garda Síochána Inspectorate to validate the proposed changes prior to implementation, including making any necessary supplementary recommendations, and to review their implementation after 18 months.  The Inspectorate is making progress in its work in this regard and I await their report.

I also provided the two reports to the Joint Oireachtas Committee on Justice, Defence and Equality for their consideration and for advice on any further recommendations or procedural or legislative changes which are desirable in this area. I have also consulted with my colleague the Minster for Transport in this matter. I am absolutely committed to the introduction of whatever improvements are necessary to ensure continuing public confidence in the fairness and integrity of the implementation of road traffic laws by the Garda Síochána.

In addition to the action I have taken above, the Garda Commissioner as a result of both reports established an implementation group to revise the Garda Policy document on the Fixed Charge Processing System and to incorporate the recommendations of both the examination and the reports in consultation with the Office of the Director of Public Prosecutions. I am advised by the Garda Commissioner that a circular with revised cancellation procedures in relation to Fixed Charge Notices issued to all members of the Garda Siochana on 30 August. This Directive may be further revised on foot of any recommendations by the Garda Inspectorate in their expected report referred to above.

The following is the content of a circular that was sent. The content of the circular is available as attachment Q10.xls at the top of the web page.