Written answers

Thursday, 25 May 2017

Department of Justice and Equality

Road Traffic Offences Data

Photo of Tommy BroughanTommy Broughan (Dublin Bay North, Independent)
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73. To ask the Tánaiste and Minister for Justice and Equality further to Parliamentary Question No. 40 of 15 November 2016 (details supplied) the progress reports of this working group which can be shared with Dáil Éireann; if the group meets regularly; if improvements are being implemented; and if she will make a statement on the matter. [25252/17]

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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The Deputy will be aware that the Garda Síochána Inspectorate recommended in its report ‘The Fixed Charge Processing System – A 21st Century Strategy’ (February 2014) that a review of the summons serving process be undertaken by An Garda Síochána to ascertain the reasons for the significant level of unserved summonses and to make recommendations to provide a more effective summons serving process. An Garda Síochána's review process for improving summons service is broken down into three goal types:

The short-term goals included immediately raising the profile of summons service within An Garda Síochána. I am informed by the Garda authorities that, in June 2014, a new process was put in place, focussed on improving the rate of summons service achieved by An Garda Síochána. The process was over seen by an Assistant Commissioner at national level and an Inspector was given responsibility to put processes in place to improve service rates at Divisional Level. A standard structure was developed across each division of An Garda Síochána, pending the delivery of the ICT facility required. In 2014, the rate of service of summonses in each Garda Region was placed on the agenda for meetings held by the Divisional Officer and District Officer as part of the Accountability Framework in An Garda Síochána. In addition, each Regional Assistant Commissioner directed that every effort is made to serve all summonses received in each Garda Division, Garda members are made accountable for their service of summonses and also each member should be made aware of their responsibilities to record both service and non-service details on PULSE and the importance of accurate recording of this information. Guidance on summons service was made available on An Garda Síochána's internal portal page. An Garda Síochána has completed implementation of the short-term goals.

The medium-term goals involved the establishment of a standardised reporting structure with regard to monthly summons service rates. A template was introduced for reporting on the number of summonses on hand at the beginning and end of each calendar month. The number of summonses received, served and unserved is also recorded for each calendar month. These figures are used to calculate an approximate service rate and this rate is used as a base line to identify increases or decreases in summons service over time. This system allows for managers to assess the effectiveness of the summons service process in their respective Divisions and allows National summons service rates to be monitored.

As a consequence of these initiatives, the service rate for summonses increased from an average of 57% in 2014 to 69% in the first half of 2016. An Garda Síochána indicated at the most recent public meeting with the Policing Authority on 27 April 2017, which focussed on roads policing, that follow-up action is carried out when summonses are returned and that an average of 20% of those summonses not served on the first occasion are subsequently served.

It is also important to note that payments were received for 73% of Fixed Charge Notices issued in 2016, which constitutes a high payment rate and a high level of acceptance of penalty points, in the case of penalty point-offences.

The Garda authorities have indicated that meetings take place with the Courts Service on a regular basis in relation to a wide range of service related issues, including summons service. While progress on the service rate has improved, the Garda Commissioner has directed every effort should be made to build on the increased service rate achieved to date while also examining other options in terms of the outsourcing of summons service. Challenges remain in relation to effecting service of summons in certain circumstances, relating to such matters as inaccurate address data, persons moving address, or living in multi-occupancy dwellings or other settings which make service difficult. In addition, certain persons will take steps to evade service. Similar difficulties are experienced by many other police forces.

The Criminal Justice (FCPS) Working Group has been monitoring the Garda review of summons service since its establishment and has included this review in the Working Group's Work Programme, which oversees a number of priority items for implementation in the context of the FCPS. An Garda Síochána will make a presentation on its summons service review process at the next meeting of the Working Group, scheduled for 14 June 2017.

It is anticipated that the intended commencement of the third payment option on 1 June 2017 will lead to a further increase in fixed charge amount payment rates, as a result of the provision of an additional / third opportunity to pay the fixed charge amount. As regards the impact of the third payment option on summons service, it is anticipated that the volume of road traffic offence cases proceeding to court will reduce, given that the new third payment option will be affixed to and issued with the summons itself.

With the completion of the medium-term goals relating to the review, the focus of the Garda authorities is now on the long-term goals , which include reviewing the legislation to allow for different methods of service, such as reviewing the possibility of outsourcing summons service in conjunction with the postal codification of addresses which took place in 2015, and considering e-summons service as part of the future vision of summons service.

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