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Systemic weaknesses in Penalty Points system require urgent actions - PAC report

2 DFómh 2014, 13:38

The huge inconsistences in the way senior Gardaí used discretion in cancelling fines and penalty points has ultimately damaged the reputation of An Garda Siochána, a PAC report says. The report also argues that the overall management of the whistleblowing process in 2012 and 2013 by senior Gardaí was ill-judged.

2 October 2014

In its Report on the Fixed Charge Processing System and related Road Safety Issues, published this afternoon, the PAC has found that systemic weaknesses in the Fixed Notice Charge System resulted in up to 20 percent of fines not being collected.

The Report finds that only half of the court summonses issues to drivers are served by the Garda Siochána and this is resulting in major evasion of fines. The Report also points to the fact that majority of detections of drivers of company cars are not fully processed due to difficulties in identifying the driver.

The key recommendations of the report include that:

  •     The Fixed Charge Processing Office of An Garda Siochána should report annually on the number of charges cancelled using discretion, the number of petitions received and the number of petitions rejected.
  •     The Garda Siochána, in consultation with the Garda Inspectorate and the Department of Justice & Equality, should now draw up a whistle-blowers charter.
  •     The system of serving court summons should now be done by registered post using the address that is used to tax the motor vehicles. The onus of proof of serving the summons should transfer to the driver.
  •     The system whereby fixed charges can be cancelled be the subject of an annual audit by the Internal Audit Unit of An Garda Siochána so as to give assurance to the Garda Commissioner that any cancellations are in full compliance with the policy of the force.

The report also examines the administration of the Go-Safe camera contract and suggests that a cost benefit analysis study should be undertaken prior to the next renewal of the contract in 2015

PAC Chairman John McGuinness TD says: “This Report covers the inappropriate cancellation of fines and penalty points which came in for major public scrutiny in 2014. In addition to addressing this issue, our Report also examines the weakness in the overall system that has resulted in only 70 percent of fines being paid and where many offenders are evading penalties. The Committee, cognisant of the need for robust systems to collect fines and also the need to ensure that the public confidence in law enforcement is maintained, has made a number of recommendations which will help the Garda Siochána to do its job to the best of its ability.

“In addition to improving systems, the Garda Siochána must improve the way it deals with whistle-blowers. I firmly believe that whistle-blower Sergeant Maurice Mc Cabe, who gave evidence to the Committee as part of this examination, is a catalyst for change. I wish to thank him, and indeed express my appreciation for all witnesses who gave evidence to the Committee on the subject matter of this Report.”

Access Report.
Ends
Media enquiries to:
Paul Hand,
Communications Unit,
Houses of the Oireachtas,
Leinster House,
Dublin 2

P: +3531 618 4484
M: +353 87 694 9926
paul.hand@oireachtas.ie

Committee Membership

Deputies:    

Áine Collins, Fine Gael
Paul J. Connaughton, Fine Gael
Joe Costello, Labour Party
John Deasy, Fine Gael
Robert Dowds, Labour Party
Seán Fleming, Fianna Fáil
Mary Lou McDonald, Sinn Féin
John McGuinness, Fianna Fáil (Chairman)
Eoghan Murphy, Fine Gael
Derek Nolan, Labour Party
Kieran O’Donnell, Fine Gael
Shane Ross, Independent

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