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Full statement by Tánaiste and Minister for Justice and Equality Frances Fitzgerald issued at 6.22pm on Tuesday, March 28th.
I welcome this opportunity to address these important and very disturbing issues.
First of all, I want to stress again, as I have already and as the Taoiseach did during Leaders’ Questions, the utmost seriousness with which the Government and I as Tánaiste and Minister for Justice regard these issues.
It is essential that the Government, the Oireachtas and all our citizens can trust members of An Garda Síochána to carry out their duties fairly and impartially, and in accordance with the law. The public have to be able to believe statistics and all information provided by An Garda Síochána.
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It is essential that we get the answers we need and I am totally committed to doing so. The issues that have been raised go to the heart of policing in the State – they go to the heart of public confidence in our police force. And the area of policing involved, that of roads and traffic, is one that affects every one of our citizens. So many of us have been affected by tragedy on the roads, be it the death of a friend, colleague or family member. We need to know, as citizens, that those charged with enforcing the laws designed to ensure our safety do so to the highest standards.
I met with the Garda Commissioner yesterday [on Monday] and I conveyed the Government’s very deep concern at the revelations of recent days.
The facts we now know about how breath tests were being conducted and the operation of the fixed charge system are completely unacceptable and raise very troubling questions.
The scale and detail of these issues became apparent last week at the Garda
press conference. I am determined that all the facts will emerge.
MATs
An anonymous complaint was made to the Road Safety Authority in April 2014, outlining a number of issues which included the operation of MAT checkpoints. This complaint was referred to An Garda Síochána by the then minister for transport, tourism and sport.
An Garda Síochána indicated in a detailed letter to my department in May 2014 that they had looked into the claims regarding MAT checkpoints and they were satisfied that correct procedures were in place to account for MAT checkpoints that ultimately did go ahead.
In June of last year my department was made aware that some discrepancies had been identified in relation to Mandatory Alcohol Testing and that An Garda Síochána was commencing a national audit. An Garda Síochána indicated in June 2016 that no issues stemmed from this audit in relation to the performance of MAT checkpoints or prosecutions arising from same. They also set out the new procedures that they had already introduced to facilitate the accurate recording of breath tests and outlined that an IT solution had been developed and would be implemented towards the end of 2016.
Following this preliminary notification to my department last year, updates were sought from An Garda Síochána by officials in my department on a regular basis as to the progress of the audit taking place into this issue.
An Garda Síochána indicated in February 2017 that it was anticipated that the national audit would be finalised in the second quarter of 2017.
Although that audit has not yet been finalised, An Garda Síochána announced figures at their press conference in relation to the discrepancy between the number of test conducted at MAT checkpoints as per their own records compared to the records held by the Medical Bureau of Road Testing.
There was no indication given as to the scale of this issue at the time of the June 2016 letter, and indeed it is clear from what the commissioner told me yesterday and from her public statements that it was not at that time known to Garda management either. It was in order to assess the scale of the problem that the national audit of MATs was launched. I did not become aware of the huge discrepancy in the breath test figures until it was revealed at last week’s Garda press conference.
FCNs
My department was informed in June 2016 of an error in relation to summons having been incorrectly issued to persons who should have received a Fixed Charge Notice for the offence of not having a valid NCT certificate, which became a fixed charge offence in December 2014. An Garda Síochána indicated that following on from those initial findings, further inquiries were being carried out in relation to all summons issued in relation to other fixed charge offences. In a press statement issued on the same date, An Garda Síochána confirmed that it had commenced a review of prosecutions in relation to all fixed charge offences.
The letter set out the remedial actions already taken by An Garda Síochána at that stage, which included withdrawing prosecutions in any affected cases and also putting in place a short-term IT solution within four weeks, while a long-term IT solution was being developed.
Following the preliminary notifications of these problems to my department last year, updates were sought on a regular basis as to the progress of the review taking place into the fixed charge processing system issues covering the period from 1st January 2014 to 27th May 2016. The results of this review were communicated to my department in a letter received on 14th March 2017.
The letter indicated that a total of 1,781 cases had been identified where persons had been convicted in situations where they had been incorrectly summonsed to court, either without first having been issued a fixed charge notice or having been issued and paid a fixed charge notice. The letter also set out that consultation remained ongoing with the Director of Public Prosecutions (DPP) and the Courts Service in relation to commencing the process of setting aside the convictions in the courts.
An Garda Síochána also advised in that letter that the DPP had indicated that the review should be extended to include cases pre-2014 and that this process was now under way. Again, I became aware of the figure of some 14,700 cases where a conviction took place after an incorrect procedure when An Garda Síochána made that information public last week. And I want to say that it is matter of great regret to me that anyone should be summonsed to court incorrectly, with all of the consequences that follow for individuals.
It is absolutely critical now that these mistakes are resolved and the necessary remedial actions put in place.
In relation to F.C.P.N., at my meeting with her yesterday, the commissioner assured me of that arrangements are being put in place in relation to the persons affected. All of these cases will be appealed by An Garda Síochána in order to ensure that the courts set aside these convictions, all fines will be reimbursed and penalties removed, and all of those affected will be contacted directly by An Garda Síochána. Letters will begin issuing to these individuals on April 3rd.
The commissioner also outlined to me the IT and operational solutions that have been put in place to ensure that these practices have now ceased. In the case of Fixed Charge Notices, a permanent and comprehensive IT solution is now in place and An Garda Síochána is satisfied that the errors that occurred cannot be repeated.
In the case of Mandatory Alcohol Tests, An Garda Síochána initially put in place new paper based recording and verification processes and in November 2016 a new specific data recording IT upgrade was installed on the Garda Pulse system. The net effect of the new IT upgrade was that personnel now have to record the serial number of the device used for each breath test plus the meter reading before and after the checkpoint was concluded. Data from the device is now used to verify the total number of breath tests conducted at each checkpoint.
But the focus now has to be on what is being done to get to the full truth of what transpired and the accountability that must be brought to bear. Clearly there is a need for an investigation to hold responsible those people, at all levels of the Garda organisation, who allowed such large discrepancies in the breath testing figures to arise. The commissioner announced such an investigation yesterday.
Following consideration at cabinet earlier today, the Government has decided that that should be an independent investigation and consultations will now take place with the Policing Authority as to how to achieve that.
I met with Josephine Feehily, the Chair of the Authority, yesterday and informed her that I was formally referring both of these matters to that body under the Garda Síochána Act. The chair informed me that the authority will have an independent professional audit undertaken of the steps taken to resolve these issues and I think that is an essential part of providing the necessary public reassurance.
The clear view of the Government following my briefing of them at today’s cabinet meeting was that these revelations have given rise to the most serious concerns, not just among public representatives but also the general public. The Government accepts fully that we need explanations. That is why we are making use of the full legal mechanisms in place to ensure there we will establish the full facts and that there can be accountability in this area.
It is absolutely essential that the process of reform is rigorously implemented in An Garda Síochána, and that it is seen to be implemented, including through close oversight by the Policing Authority.
As the Taoiseach said earlier, the Government believes the level of public concern in relation to some issues affecting the Garda Síochána is now so profound that it is now time to conduct a thorough, comprehensive and independent root-and-branch review of An Garda Síochána. That is clearly a proposal that will require further detailed consideration by the Government.
As the Taoiseach said, any such proposal should command widespread support in the Oireachtas and accordingly be the subject of consultation with the Opposition, and ultimately approval by the Oireachtas.
We in Government accept that change is required – as Minister for Justice I have introduced the most significant reforms in policing since the foundation of the State, including the establishment of a Policing Authority, additional powers for Gsoc and greater civilianisation. But we need to do more. I hope that opposition deputies will accept the offer to work with the Government on this, and contribute to achieving the policing service we all wish to see.