Penalty points review raises concerns over undelivered notices

A review of cancelled Garda fixed charge penalty notices has raised concerns over the number of notices being returned undelivered.

However, retired president of the Circuit Court Matthew Deery found substantial levels of compliance overall with the system by members of An Garda Síochána.

Mr Deery was appointed as the sole independent oversight authority on the Garda fixed charge processing system one year ago.

He reviewed cancelled notices by choosing a random sample of a week in each three or four week period. He said: “I have examined files where the cancelling authority used his discretion and I would not disagree with the manner of the exercise in that discretion.

“Supporting documentation was provided where necessary and it has to be stated that these cases were very few in the number.”

But he said there was “a substantial number of fixed charge notices returned ‘Undelivered An Post’. This is of some concern and has already been highlighted by the Garda Professional Standards Unit”.

He concluded: “I am satisfied that there has been substantial compliance with the fixed charge processing system policy and procedures manual fourth edition which took effect on June 16th, 2014.”

Mr Deery’s role is in addition to ongoing internal Garda audit and oversight and is part of a package of measures to address the concerns raised in relation to the cancellation of penalty points.

Minister for Justice Frances Fitzgerald said she welcomed Mr Deery's report. "I am now satisfied that we have a very robust process in place and this is reaffirmed by Judge Deery's finding of substantial compliance," she said.

“It is important that the public can have confidence in the operation of the Penalty Points system. Judge Deery’s oversight is extremely valuable in that regard.”