Update: Penalty Points – Justice & Equality 24th September, 2014

QUESTION NO:  12
DÁIL QUESTION addressed to the Minister for Justice and Equality (Ms. Fitzgerald)
by Deputy Bernard J. Durkan
for ORAL on Wednesday, 24th September, 2014. 

 To ask the Minister for Justice and Equality the extent to which she satisfies herself that the procedures put in place in respect of the imposition of penalty points and any subsequent deletion are sufficient robust; if she satisfies herself that the oversight procedures continue to be fit for purpose and that recent revelations by the whistle blower are transparently investigated and resolved; and if she will make a statement on the matter.

                                                           – Bernard J. Durkan
 
REPLY.
As I set out in my earlier response today to Deputy MacLochlainn, as part of the measures to implement the recommendations of the Garda Inspectorate Report into the Fixed Charge Processing System, the Acting Garda Commissioner introduced a new Fixed Charge Processing System Manual in June 2014.

This manual, which was drawn up following consultation with the Office of the Director of Public Prosecutions and the Garda Inspectorate, incorporates significant changes to cancellation policy and oversight, in keeping with the Inspectorate’s recommendations.

The new policy sets out a clear application process for members of the public, details of which are available on the Garda website
(www.garda.ie).  Key features of the new policy include the prevailing need to have road traffic legislation enforced, the centralisation of cancellation decisions, the requirement for appropriate supporting documentation, and the taking into account of previous cancellations.  The policy also sets downs standards to indicate when exceptional circumstances warranting cancellation might apply.  Procedures are also included to deal with applications from members of An Garda Síochána on the basis of the relevant statutory exemption in road traffic legislation.  All of these features are designed to ensure that the process is fair and robust.

It is important to note that the policy provides for the retention of documentation relating to applications and decisions arrived at, and for regular audit checks to ensure full compliance with the policy.  I would also point out that in accepting the Garda Inspectorate’s recommendations, the Government also agreed that the Inspectorate would examine the operation of the system within 12 months of its Report.

With regard to the question of recent protected disclosures concerning the penalty points system, as the Deputy will be aware, the Acting Commissioner, in addition to referring the matter to me, ordered that an internal examination be conducted by both the Garda Professional Standards Unit (GPSU) and the Garda Internal Audit Unit.

Conscious of the need for continued public confidence in the integrity of the fixed charge notice processing system, and of the desirability of an independent investigation of the allegations in the public interest, I referred the allegations to GSOC, under section 102 of the Garda Síochána Act 2005, for independent investigation.  The outcome of that investigation will be made public.  In line with correct procedures the name of the person who made these confidential disclosures was not provided to me, and the Acting Garda Commissioner will liaise directly with GSOC on the matter.

As I have already said, if there are ways in which the new policy can be improved upon then that is something which should certainly be explored.  Equally, it is important if any abuses come to light that they should be deal with firmly.  We all share the desire to have a policy which is as effective as possible.  However, the actual facts of the situation must first be established before any conclusions are reached, and the inquiries which are underway should achieve exactly that.