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Penalty Points System Investigation

Dáil Éireann Debate, Wednesday - 5 February 2014

Wednesday, 5 February 2014

Questions (12)

Pádraig MacLochlainn

Question:

12. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality with reference to section 102 of the Garda Síochána Act 2005, the cause of the delay in referring the ongoing allegations of malpractice in relation to the fixed charge penalty notice system until now; and if he will make a statement on the matter. [5331/14]

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Written answers

It is important to understand the basis for a referral of a matter to the Garda Ombudsman Commission under section 102 of the Garda Síochána Act 2005. Section 102 permits me to refer a matter to the Garda Ombudsman Commission for investigation where it appears to me to indicate that some members of the Garda Síochána may have committed an offence or behaved in a manner that would justify disciplinary proceedings, and where I consider it desirable in the public interest to do so.

There is therefore a dual test to be met before a matter can be referred under section 102. It is not open to me to make a referral simply because I wish to do so. It is also worth noting that, under section 102, the Garda Ombudsman Commission can on its own initiative investigate any such matter on exactly the same grounds. In other words, insofar as I can refer a matter to the Garda Ombudsman Commission under section 102, the Garda Ombudsman Commission can in any event choose to investigate it on its own initiative.

Notwithstanding a recent detailed Garda investigation into these allegations, I concluded that it was now in the public interest that this referral be made, particularly in circumstances where continuing allegations were being made and where the Garda Síochána was being drawn into a matter of political controversy, so that public concern over this matter could be definitively addressed. The Garda Ombudsman Commission should now be given the time and space to conduct a thorough investigation of the allegations and the circumstances in which they were made and pursued.

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