Dáil Éireann Debate, Wednesday - 25 September 2013
10. Deputy Niall Collins asked the Minister for Justice and Equality the steps he has taken since he received the report in March 2013 on fixed penalty charges to address the recommendations arising from the report; if he intends to implement all recommendations in full; and if he will make a statement on the matter. [39571/13]
View answerThe report to which the Deputy refers is the report by Assistant Commissioner John O'Mahoney of the outcome of the examination into allegations of irregularities in the operation of the Fixed Charge Processing System. This report was published on my Department's website on 15 May 2013 together with a related report from the Professional Standards Unit in the Garda Síochána which looked at the processes and systems which are in place to deal with the cancellation of fixed charge processing notices.
The O'Mahoney report, which constitutes a detailed examination of the allegations, found no evidence to suggest any act of criminality, but did identify certain departures from administrative procedures. Files in respect of three members of the Force were forwarded to the Assistant Commissioner in Internal Affairs for further investigation under the Disciplinary Regulations (the question of discipline for members is, in the first instance, a matter for the Commissioner in accordance with the Garda Síochána (Discipline) Regulations of 2007).
The O'Mahoney report, and the related report by the Garda Professional Standards Unit, recommended a number of changes aimed at ensuring that administrative procedures are correctly followed throughout the Force in relation to the cancellation of fixed charge notices. In publishing the reports, I welcomed their recommendations for enhanced safeguards to ensure integrity in the Fixed Charge Processing System. In addition, in order to provide even further public reassurance as to the effectiveness of these changes, and with the agreement of the Garda Commissioner, I asked the independent Garda Síochána Inspectorate to validate the proposed changes prior to implementation, including making any necessary supplementary recommendations, and to review their implementation after 18 months. The Inspectorate is making progress in its work in this regard and I await their report.
I also provided the two reports to the Joint Oireachtas Committee on Justice, Defence and Equality for their consideration and for advice on any further recommendations or procedural or legislative changes which are desirable in this area. I have also consulted with my colleague the Minster for Transport in this matter. I am absolutely committed to the introduction of whatever improvements are necessary to ensure continuing public confidence in the fairness and integrity of the implementation of road traffic laws by the Garda Síochána.
In addition to the action I have taken above, the Garda Commissioner as a result of both reports established an implementation group to revise the Garda Policy document on the Fixed Charge Processing System and to incorporate the recommendations of both the examination and the reports in consultation with the Office of the Director of Public Prosecutions. I am advised by the Garda Commissioner that a circular with revised cancellation procedures in relation to Fixed Charge Notices issued to all members of the Garda Siochana on 30 August. This Directive may be further revised on foot of any recommendations by the Garda Inspectorate in their expected report referred to above.
The following is the content of a circular that was sent.
Re: Revised Cancellation Procedures - Garda Fixed Charge Processing System (FCPS)
Following an examination of the Fixed Charge Processing System (FCPS) and pending the issue of the FCPS Full User Manual Policy and Procedures Fourth Edition 2013, revised cancellation procedures are being introduced in relation to the cancellation of Fixed Charge Notices (FCNs).
1. Definition of Cancelling Authority
The Cancelling Authority for an FCN is the District Officer (or an Inspector appointed to act for the District Officer) in the District where the alleged offence occurred and the Superintendcnt, Dublin Metropolitan Region Traffic, Dublin Castle, Dublin 2 with regard to offences detected by personnel attached to that unit. This authority also applies to the Inspector in Charge of the Fixed Charge Processing Office (FCPO), Thurles Co Tipperary and other staff attached to the FCPO as authorised by Chief Superintendent, Garda National Traffic Bureau. It is emphasised that the Cancelling Authority only has jurisdiction to cancel an FCN for an alleged offence which occurred in their respective District/area of responsibility.
The Cancelling Authority will no longer terminate an FCN on the local GardaIS (PULSE) Computers.
All decisions to cancel FCNs must be immediately communicated to the Central Authority which is the Inspector I/C, Fixed Charge Processing Office (FCPO), who will have responsibility for terminating the FCN on the FCPS.
In addition Humanitarian Grounds may be included as a discretionary reason when considering cancelling FCNs.
2. Revised Cancellation Proccdures - District Officers / Superintendent DMR Traffic
On receipt of a cancellation request, in writing, the Cancelling Authority will apply the following revised cancellation procedures:
(i) Acknowledge reccipt by sending a letter to the applicant, including cases where the
offence occurred outside his/her District.
(ii) Confirm the alleged offence occurred within his/her District/area of responsibilitv (including Go Safe/non-intercept offences), otherwise arrange for the cancellation request to be forvvarded to the correct Cancelling Authority with a copy of the acknowledgement letter.
(iii) Review and examine the cancellation request in accordance with the FCPS Policy and Procedures. Conduct stringent checks to identify if the applicant has made previous applications and scrutinise the reasons included in any previous applications. The Cancelling Authority must be satisfied on the basis of the evidence prescnted that the FCN can be cancelled for the reasons as set out at Appendix 1 – Certified Fixed Charge Notice (FCN) Cancellation Form.
(iv) Sign and date the Certified FCN Cancellation Form with the decision to cancel an
FCN or reject the cancellation request and include rationale for the decision.
(v) Notify the applicant in writing where the application is rejected.
(vi) Forward the Certifled FCN Cancellation Form to the FCPO for termtnation via email at FCN.Cancellation@garda.ie when the application is approved for cancellation.
(vii) Retain a hard copy of the relevant documentation (to include independent corroboration where appropriate) at the District Office for auditing purposes, including the cancellation request and the Certified FCN Cancellation Form signed and dated by the District Officer.
Cancelling Authorities will ensure that approved cancellation requests are forwarded to the FCPO on or before the 56 day period for payment elapses, otherwise the FCN cannot be cancelled on thc Fixed Charge Processing System and a summons will autnmatically issue.
Under no circumstances should an applicant be informed that the cancellation has bcen approved, prior to the termination on the FCPS.
3. Revised Cancellation Procedures - Fixed Chargc Processing Office
The procedures for cancelling an FCN at the FCPO will continue to be applied in accordance with FCPS Full User Manual Policy and Procedures Third Edition 2005, with the exception of cancellation requests submitted directly to that office by an alleged offender relating to discretionary / humanitarian grounds. On receipt of a written cancellation request of this nature from an alleged offender the Inspector in Charge or authorised person at the FCPO will:
- Acknowledge reccipt in writing to the applicant.
- forward the written cancellation request with a copy of the acknowledgement letter to the District Officer in the District where thc alleged offence occurred. The District Officer will review the cancellalion request in line with the Revised Cancellation Procedures outlined in section 2 of this HQ Directive.
- Retain a copy of the relevant information at the FCPO for auditing purposes.
On receipt of a Certified FCN Cancellation Form from a Cancelling Authority the Inspector in Charge or authorised person at the FCPO will:
• Terminate the Fixed Charge Notice on the FCPS.
• Notify the Cancelling Authority by return email.
• Issue a letter confirming cancellation to the applicant.
• Retain a copy of the relevant infbrmation at the FCPO for auditing purposes.
• Notify the Cancelling Authority by return email where an FCN cannot be terminated and set out the reason(s).
4. Conflict of Interest - Personal / Professional / Public Figures
The Cancelling Authority will absent themselves from the decision making process where:
• The applicant is a public figure1
• The Cancelling Authorilv is an immediate relative2
• The applicant is a mcmber of An Garda Síochána and was at the time the alleged offence was committed:
On duty
Off duty
Off duty while lawfully exercising their Garda powers
In these cases the applicant must notify the Cancelling Authority that s/he is a member of An Garda Síochána.
• The Cancelling Authority is aware the applicant is a retired member or animmediate relative of a member of An Garda Síochána.
• The Cancelling Authority has any conflict of interest of a personal orprofessional nature.
In these cases, the Divisional Officer will consider the circumstances of the matter and adjudicate. The Divisional Officer will review the cancellation request in line with the Revised Cancellation Procedures outlined in section 2 of this HQ Directive. Thc Divisional Officer will record his/her decision in writing and maintain records for audit purposes.
No Superintendent / acting District Officer shall adjudicate on their own case. In these instances the Divisional Officer for the division where the incident occurred, shall adjudicate on thc matter. Incidents in respect of members of the rank of Chief Superintendent or above shall be adjudicated upon by their immediate supervisor. The Divisional Officer or above will record their decision in writing and maintain records for audit purposes.
5. Auditing
District Officers will ensure accurate and up to date records of cancellation requests for FCN's are maintained for auditing purposes in their District Office/area of responsibility. District Officers will monitor the activity of cancellations for their respective areas to ensure strict compliance with policies and procedures. District Officers conducting audits will make use of MIS reports currently run every month.
Divisional Officers will put a divisional monitoring mechanism in place to ensure strict compliance with policies and procedures. Divisional Officers conducting audits will make use of District MIS reports currently run every month and will monitor the activity of cancellations for their respective areas. Results of findings will be reflected in bi-annual audits conducted in their respective Divisions. Any irregularities will be subject of a report from the Divisional Officer to Assistant Commissioner, Traffic.
The FCPO will cnsure accurate and up to date records for termination of FCN's are maintained for auditing purposes.
The Garda Professional Standards Unit, the Garda Internal Audit Section and Assistant Commissioner, Traffic will conduct examinations / audits of the operation of the Fixed Charge Processing System (FCPS) to ensure full compliance with all aspects of the revised policy.
6. Secure Access to the FCPS
Members of An Garda Síochána who have access to important personal and security related data should ensure that no unauthorised access is allowed to the FCPS by reason of carelessness or negligence in the security and management of access codes and passwords. Section 32.5(1) of An Garda Síochána Code Volume 1, PULSE User Identification, Password and Access Control, should be complied with "the User Identificaiion will only be used by the authorised person to whom the User Identification is allocated".
This directive revises cancellation procedures set out in the FCPS Full User Manual Policy and Procedures (third edition 2005) and HQ Directive 36/2013, HQ Directive 133/09, HQ Directive 45/09 and HQ Directive 48/06.
7. Human Rights
Members carrying out their functions shall at all times respect a person's personal rights and his/her dignity as a human being and shall not subject any person to ill-treatment of any kind.
Ensure strict compliance with revised cancellation procedures.
1. Public figure includes but is not limited to: government official, politician, celebrity, business leader, television and sports personalities etc.
2. Immediate relative means a father, mother, brother, sister, father-in-law, mother-in-law, brother-in-law, sister-in-law or child and also means a husband or wife where specific provision is not made in relation to spouse (source – An Garda Síochána Code Volume 1, Chapter 11.14(6)). of the applicant.
