Sir, – I refer to “Timeline of penalty points controversy” (September 17th). Unfortunately, the timeline omits matters of substantial relevance. They include the following:
September 2012: Correspondence containing a large number of allegations that fixed-charge notices had been improperly cancelled by members of An Garda Síochána furnished to the Garda Commissioner with a request that the allegations be fully investigated, without revealing the name or identity of the member of An Garda Síochána who made the complaint.
May 2013: The publication of the O’Mahoney Report, and a related report by the Garda Professional Standards Unit, detailing the findings of the investigation, an examination of the processes and systems in place to deal with the cancellation of fixed-charge notices and recommendations to ensure the integrity of the system. As minister for justice, in implementation of the recommendations contained in the two reports, I asked the Garda Commissioner to ensure that seven essential principles were incorporated and made central to the decision making process in relation to fixed-charge notices. These were:
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.
Additionally, due to my concerns to ensure that no further difficulties arose and at some of the decisions made in cancelling fixed-charge notices, which I described in a statement of the May 15th, 2013, as defying “logic and common sense”, as minister I referred both reports to the Joint Oireachtas Justice Committee to enable it hold such hearings as it deemed appropriate and make any necessary further recommendations. I also asked the independent Garda Inspectorate to examine the matter and the recommendations received to ensure the difficulties that had arisen did not reoccur.
As you record, the report of the inspectorate was published in March 2014 and its further recommendations fully implemented.
January 2014: Following Sgt McCabe making additional allegations concerning the cancellation of fixed-charge notices, at a meeting of the Public Accounts Committee, as minister, I asked the Garda Síochána Ombudsman Commission to conduct an investigation into the new allegations made and also to revisit the original allegations.
Unfortunately, the omission of the above matters from your timeline could give credence to the false accusation made during my time as minister that the allegations made by Sgt Maurice McCabe regarding the fixed-charge notice processing system were ignored and not taken seriously.
This is very far from the truth, as would be evident to anyone revisiting the statement issued by me on May 15th, 2013. – Yours, etc,
ALAN SHATTER, TD
Leinster House,
Kildare Street,
Dublin 2.