Judge will now oversee penalty points system

The future administration of the penalty points system will be overseen by a former president of the Circuit Court, Judge Matthew Deery, as part of a number of safeguarding measures.

The appointment, announced by Minister for Justice Frances Fitzgerald, follows the publication of a report into suspected abuses of the system.

It examined 667 decision- making files, 114 of which were deemed to warrant further investigation. These include seven that occurred in the aftermath of the introduction of new regulations last June. A further 21 relate to serving or retired gardaí.

One of those relates to a statutory exemption of emergency vehicles, one was deemed “discretionary”, and five relate to undelivered postal notices. Of the latter, one case will be examined externally because it relates to a member of the Garda.

The investigation was precipitated by the efforts of whistleblower Garda Sgt Maurice McCabe, who brought many suspicious cases to the attention of Garda authorities, even after the introduction of new regulations last year.

In line with recommendations contained in the report, an enforcement team is to be introduced to the Fixed Charge Processing Office, while any application made by a garda for cancellations due to the use of private vehicles in the course of duty must now be submitted directly to the DPP.

Since last year, only three senior members of An Garda Síochána possess the power to cancel penalty points.

Commenting on the appointment of Judge Deery, Ms Fitzgerald said he will be free to examine any random fixed charge notice and report his findings.

“This will provide further reassurance that the policies and practices in place are not only fair and impartial but that they are seen to be so,” the Minister said.

“Of the [114] files identified for further investigation, only seven relate to the period during which the new policy has been in place,” she said. “This is indicative of the new approach now being taken.”

The report into the penalty points system was carried out by the Garda Professional Standards Unit (GPSU) and officially launched yesterday.

The Garda Síochána Ombudsman Commission is now conducting its own investigation into certain aspects of the system and the entire GPSU report will be forwarded to it.

The report will also be examined by the Garda Inspectorate and the Comptroller and Auditor General.

Commenting following its publication, Garda Commissioner Nóirín O’Sullivan said she was committed to ensuring the new approach to penalty point enforcement was one of continuous improvement.

Regarding concerns surrounding widespread abuse of the system, Ms O’Sullivan repeatedly said that only seven suspected instances had been detected in the aftermath of a new policy set down last June.

“We do take adherence to our policies generally very, very seriously, and there are mechanisms which can be invoked against any member of An Garda Síochána who fails in their duty to adhere to those policies,” she said.