Clare Daly (Dublin Fingal, Independent)
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641. To ask the Tánaiste and Minister for Justice and Equality the nature of disciplinary action against gardaí who have been found to have abused the penalty points system following internal or GSOC inquiries since 2013; the number of gardaí involved; and if any of these gardaí were subsequently promoted. [38250/17]

Charles Flanagan (Laois, Fine Gael)
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The Deputy will appreciate that disciplinary matters within An Garda Síochána are governed by the Garda Síochána Act 2005 and the Garda Síochána (Discipline) Regulations 2007 and are a matter for the Garda Commissioner.

I have been advised by the Garda Commissioner that the results of disciplinary actions taken where Garda members have been found to be in breach of discipline relating to the Garda Fixed Charge Processing System (FCPS) are as provided in the following table. Included disciplinary files relate to failure to issue FCPS, duplication of FCPS, avoidance of FCPS and irregularities in relation to FCPS. The Deputy should note that one of the files in the table was created in 2012 but the member involved was not found in breach until after 2013 and, for this reason, it is included.

I am further advised by the Garda Commissioner that all of the investigations listed were as a result of internal discipline investigations and that none arose from GSOC inquiries.

In addition to the overarching oversight role of the Policing Authority in relation to policing services, the Deputy may wish to be aware that Judge Matthew Deery (retired President of the Circuit Court) was appointed as the sole Independent Oversight Authority for the FCPS Cancellation Policy by the then Minister in January 2015. The appointment followed a recommendation contained in the Garda Professional Standards Unit (GPSU) report, "Examination of the Procedures, Policy and Decision-Making Processes in relation to Cancellations on the Fixed Charge Processing System of Road Traffic-related Offences".

The terms of reference for Judge Deery's role are as follows:

- Review and monitor the cancellation of FCPS notices by An Garda Síochána with a view to ensuring compliance with Garda policy on the cancellation of FCPS notices;

- Communicate any matters he considers appropriate to the Commissioner of An Garda Síochána;

- Communicate any matters he considers appropriate to the Minister for Justice and Equality and report to the Minister annually on his findings and on the discharge of his functions;

- Examine and report on any specific matters relevant to the operation of the FCPS at the request of the Minister, should this be required.

The role of the Independent Oversight Authority is in addition to regular audit checks on the full operation of the FCPS by the Garda Internal Audit Section. Furthermore, GPSU continues to play an oversight role in the context of standards and the FCPS.

Judge Deery submitted his first annual report in January 2016 (covering the year 2015) and submitted his second annual report (covering the year 2016) in February 2017, in which he stated that he is satisfied that there has been substantial compliance with FCPS policy and procedures.