Luke Flanagan (Roscommon-South Leitrim, Independent)
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147. To ask the Minister for Justice and Equality in view of the fact that several members of the GSOC have had their penalty points wiped out, is it lawful and fair that those same persons are effectively investigating the penalty points issues arising at present; and if he will make a statement on the matter. [5834/14]

Alan Shatter (Dublin South, Fine Gael)
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Section 98 of the Garda Síochána Act 2005 provides that designated officers of the Garda Síochána Ombudsman Commission (GSOC) have all the powers, immunities and privileges conferred and all the duties imposed on any member of the Garda Síochána by or under any enactment or the common law. This means that the exemptions under the Road Traffic Acts apply to GSOC officials when using their section 98 powers while carrying out their official duties.

I have been advised by GSOC that they are committed to conducting a professional, ethical and independent investigation into the allegations concerning the cancellation of fixed charge notices requested by me. GSOC also advise me, however, that no officers to whom such an exemption has been applied has been assigned to duties involving them in participation in the current section 102(5) investigation.