Speech by Minister for Transport, Tourism & Sport Leo Varadkar in the Dáil Debate on the Garda Inspectorate Report on the Fixed Charge Processing System

At the outset, I believe that it is important to note that the Fixed Charge Notice and penalty points system has operated extremely well since its introduction in 2002, and has enjoyed wide public support. This is evidenced by the fact that over 70% of those who receive a fixed charge notice pay it within 28 days. The system plays a very important role in enhancing road safety, but it is essential that the system is applied equally and without favour to all road users, and that it is seen to be so.

My Department first became aware of the allegations of wrongdoing in relation to the penalty points system in August 2012. The information provided by Sergeant McCabe was passed to the Department of Justice and Equality for investigation. As we are all aware, the allegations were investigated by Garda Assistant Commissioner O’Mahoney and his report was concluded in March 2013. In May of last year the Minister for Justice and Equality, believing it inadequate in parts, referred the O’Mahoney Report and another report conducted by the Garda Síochána Professional Standards Unit to the Garda Inspectorate, asking that the Inspectorate carry out a full review. The Inspectorate’s report, entitled Fixed Charge Processing System – A 21st Century Strategy, was brought to Cabinet two weeks ago on 12th March.

The first recommendation in the Report was that a Criminal Justice Working Group be established to oversee and facilitate the implementation of the Report’s recommendations. The Group, which is jointly chaired by my Department and the Department of Justice held its second meeting yesterday. The Group will report progress on a regular basis to us.

The penalty points system was introduced in the Road Traffic Act 2002. The main goal of the system is not to penalise people, but to make them more aware of unsafe driving behaviour, to influence and improve driver behaviour, and to reduce deaths and serious injuries on Irish roads. With the acceptance of the system by the general road user community, and its importance to road safety, it is imperative that a credible and properly administered system is in place.

2012 marked the tenth anniversary of the penalty point system. I decided that this milestone provided an appropriate point to conduct a comprehensive review of the whole system, and identify any changes necessary.

The Review of the Penalty Points System, which my Department conducted, made recommendations for the introduction of new offences and changes to the number of penalty points. When it was completed, I forwarded its contents to the Joint Oireachtas Committee on Transport and Communications for their consideration. The Committee made a number of very helpful suggestions which are reflected in the new Road Traffic Act 2014. This was signed into law on 25th February last.

The offences where penalty points are being increased include speeding, driving while holding a mobile phone, dangerous overtaking, failure to obey traffic lights, and driving without an NCT certificate. New penalty point offences include non-display of an L- or N- Plate, contravention of rules on mini-roundabouts, and failure to respect a stop sign.

I want to pay tribute to rank and file Gardaí up and down the country who properly implement the traffic laws, in all weather, at all times of the day and night. It is one of the tragedies of this whole affair that their good and continuing work and reputation has been sullied by the inappropriate behaviour of a few.

There is little point in improving or increasing the number of penalty point offences or enforcing the system if there is a lack of trust in how the system operates. Following recent revelations and the findings of the Garda Inspectorate, it is essential that the faults in the system are rectified and that we have a robust and credible system in place. This will be done.

The Inspectorate Report makes 37 recommendations. Some can be implemented now and others will take some time.

The Inspectorate Report pulled no punches. It found “inconsistent and widespread breaches of the Fixed Charge Processing System policy by those charged with administering it, and found no meaningful evidence of consistent quality management supervision, no training and no clear policy guidelines on its implementation”. The Inspectorate also found “no auditing of the cancellation process of fixed charge notices either at Garda Headquarters, Regional, Divisional and District or at any level that would have identified these problems”.

The Working Group will now ensure that all of the recommendations in the Report are implemented in the fastest possible timeframe. All of the key agencies involved are members of the Group and they will work together to bring about improvements in the system and address the shortcomings that have been highlighted. I am aware that the Gardaí have already made considerable strides in putting in place measures identified in the Inspectorate Report. These can and should be actioned immediately. Work has also begun on the recommendations that can be implemented in a matter of weeks. A plan of action has been agreed on those recommendations that require further consideration and in some cases legislation.

One measure referred to, and that I consider to be of high priority, is the so-called “3rd payment option”. A provision is included in the Road Traffic Act 2010 that allows someone served with a summons related to a fixed charge offence to pay the amount involved up to seven days before the scheduled Court appearance. The introduction of this option will save a lot of Court time and indeed Garda time. However, this section has not yet been commenced because the administrative structure for dealing with the option is not yet in place.

I understood that the Gardaí have now agreed in principle to operate the system but a number of administrative and technical matters have still to be resolved. When in place, the 3rd payment option will bring about a significant improvement in the overall fixed charge notice system.

One major objective of the new improved system must be to ensure that penalty points are assigned in all cases where a traffic offence has been committed. A number of gaps in legislation have been addressed in this area in recent years: the definition of a driver licence has been extended to include foreign licence holders, drivers charged with an offence are required to provide a copy of their licences to the Court, and the Courts Service and the Gardaí are now taking steps to ensure that people who do not produce a licence in Court are pursued. Some others remain to be dealt with. These will be addressed in the near future.

Chief Inspector Olson has stated that “the solution is entirely dependent on a coordinated collaboration between the Department of Justice and Equality, the Garda Síochána, Road Safety Authority, Department of Transport, Sport and Tourism, Courts Service, An Post, and the various appointed contractors involved in the operation of the Fixed Charge Processing System”.

I fully agree with Chief Inspector Olson, and I am committed to ensuring that my Department engages actively with all parties to make sure that the Report’s recommendations are implemented in full.

Finally, I want to say something about the events of recent days and the whole issue of unlawful taping of phone calls to and from Garda Stations. Needless to say, this latest issue came as a shock to the Government, but we acted quickly by setting up a Commission of Inquiry. This is not a Government that sweeps things under the carpet. That era is over.

A series of controversies surround the Gardaí from bugging, to tapes, to penalty points. The Government is acting. There will be an open competition for Garda Commissioner, and a new Garda Authority will provide civilian oversight of Garda operations. This is a big change.

These reforms will take time but in the meantime, I ask the public to continue to support and trust rank and file Gardaí. The one you meet across the counter, or walking the beat. The ones who work day and night in all weather. They are not to blame for this. In any way. They deserve our continued support.