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Penalty Points System Investigation

Dáil Éireann Debate, Thursday - 6 March 2014

Thursday, 6 March 2014

Ceisteanna (189)

Terence Flanagan

Ceist:

189. Deputy Terence Flanagan asked the Minister for Justice and Equality the position regarding the penalty points report presented to him; and if he will make a statement on the matter. [11459/14]

Amharc ar fhreagra

Freagraí scríofa

Having carefully considered the report by Assistant Commissioner John O'Mahoney and the report by the Garda Professional Standards Unit, I decided to refer both reports to the Garda Síochána Inspectorate on 14 May 2013 to ask them to carry out a review of the fixed charge processing system taking into account both the aforementioned reports. I also asked them to make any recommendations they considered appropriate with a view to enhancing the efficiency and effectiveness of the operation by An Garda Síochána of the fixed charge processing system.

In carrying out this review, the Inspectorate had regard to seven specific basic essential principles which, I had indicated, should apply to the fixed charge processing system and the consequent application of penalty points. These seven basic principles are:-

1. There must be no question mark hanging over the integrity of the Fixed Charge Notice system and in the application of penalty points.

2. No individual should receive preferential treatment because of their perceived status, relationship or celebrity.

3. The law and any discretionary application of it to individuals must be administered fairly, with compassion and common sense.

4. No member of the Garda Force should feel compelled by a person’s position, relationship or celebrity status to treat that person any more or less favourably than any other person.

5. There must be proper oversight and transparency to the discretionary decision making process and the applicable rules and procedures must be fully complied with.

6. All statutory provisions, regulations, rules, protocols and procedures applicable to the termination of Fixed Charge Notices must be readily accessible to all members of the Garda Force and the circumstances, factors and procedures applicable to the termination of Fixed Charge Notices should be detailed clearly on the Garda website for the information of members of the public.

7. Where application is made to terminate a fixed ticket charge, where possible and appropriate, material to support any application made should be sought while understanding in some circumstances no such material may exist or be obtainable.

The Garda Síochána Inspectorate has furnished me with a copy of its ninth report 'The Fixed Charge Processing System: a 21st Century Strategy ' This report arises from my request to the Inspectorate to carry out a review of the operation of the fixed charge processing system, taking into account the recommendations listed in the report by Assistant Commissioner O'Mahoney and the related report by the Garda Síochána Professional Standards Unit.

I am considering the report and intend to brief the Cabinet on its contents next Wednesday, following which I will lay the report before both Houses of the Oireachtas and publish it on my Department's website.

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