Dáil Éireann Debate, Wednesday - 16 January 2013
798. Deputy Thomas P. Broughan asked the Minister for Justice and Equality if he will provide a report on all the exceptional cases in which penalty points may be quashed by a Garda Inspector or Superintendent; if he is reviewing the current power to quash penalty points; and if he will make a statement on the matter. [1460/13]
Amharc ar fhreagraFixed charge notices are an alternative to prosecution, and give a motorist the opportunity to acknowledge the offence, pay the fixed charge and, where the offence is a penalty point offence, incur the appropriate penalty points. If the motorist does not pay the fixed charge, he or she will in the normal course be prosecuted for the alleged offence.
There can be circumstances where the fixed charge notice may be cancelled in accordance with Garda procedures drawn up in the light of legislative exemptions and prosecutorial guidelines. Cancellation occurs where it is believed the evidence would not sustain a prosecution or a prosecution would not be appropriate, fair or proportionate. Decisions on cancellations are governed by Garda policies and procedures, framed around legislative and prosecutorial guidelines issued by the DPP.
Cancellation can occur in circumstances where, for example, exemptions apply in relation to emergency vehicles or the wearing of seatbelts, or where there are evidential difficulties, such as where the registration number registered by a speed camera does not correspond to the vehicle in question, or where there are emergency medical circumstances such as, for example, a sick child being driven to hospital, an imminent birth, or a medical professional rushing to a sick or elderly patient. Access to cancel a fixed charge notice through 'Pulse' is restricted to users with the rank of Inspector or higher.
As the Deputy is aware, the Garda Commissioner has appointed an Assistant Commissioner to examine and report on allegations relating to the cancellation of fixed charge notices by An Garda Síochána. I have received an interim report from the Commissioner, but I will not be making any further comment on the allegations or on the procedures which permit the cancellation of fixed charge notices until the final report is available.
