Policing Authority orders examination of breath tests

FF calls for Authority to assess O’Sullivan’s position

Garda Commissioner Nóirín O’Sullivan. Photograph: Dara Mac Dónaill

The Policing Authority said on Friday evening it has commissioned an independent audit into the recording of one million breath tests that did not take place and erroneous conviction of thousands of people for motoring offences.

In a statement on Friday evening, the Authority said it had received information it requested from An Garda Síochána on both issues.

It said a “large amount of data and information” was given to it last week, and this documentation has been reviewed.

It says that, in parallel, an independent external audit of the reporting of breath tests and mandatory alcohol testing checkpoints and the issuing of fixed charge notices, and summonses for fixed charge notice offences, has been commissioned.

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“We are satisfied that the material provided to us by the Garda Síochána on 31 March has provided sufficient information to enable us to finalise terms of reference for this external audit,” the statement says.

“The audit will first examine the measures put in place to prevent a recurrence of these issues and consider whether any further changes or actions are required in order for the Authority to be assured in its oversight role that robust measures have been put in place to prevent future failures of this nature.

“Concurrently, it will examine the processes involved, how the issues occurred, any failure to identify problems at an earlier stage and what took place once the issues came to light. The audit will consider any weaknesses in the control and governance environment that facilitated the issues occurring and will make recommendations to the authority.”

The Authority said it would not be commenting on the documentation provided to it by the Garda and added it will review the findings and recommendations of the final report of the Fennelly Commission, published on Thursday, that examined the secret recording of telephone conversations at Garda stations.

Meanwhile, Fianna Fáil has tabled a Bill calling on the Government to ask the Policing Authority to assess if Garda Commissioner Nóirín O'Sullivan is capable of restoring public confidence in the force.

The party’s Private Member’s Bill will be taken in the Dáil next week, a day before a Sinn Féin motion of no confidence in Ms O’Sullivan.

Fianna Fáil has made clear it will not support the Sinn Féin motion and its own Bill calls on the Government “to take immediate steps to rectify this real and substantial crisis in confidence in An Garda Síochána”.

It also calls on the Government “to request the Policing Authority to assess the role and capacity of the Garda Commissioner to restore public confidence in An Garda Síochána.”

It also proposes giving the Policing Authority more power to “supervise the functioning of the Garda Commissioner’s office and supervise the discharge of these functions by the commissioner”.

The Policing Authority would also be empowered to “establish and impose policies and reform” on the force and calls for an independent commission into the Garda.

This would examine and report on the “adequacy and appropriateness of the policies and procedures which underpin the operation and performance of An Garda Síochána”, drive the full implementation of Garda inspectorate reports and implement other changes, such improvements in training and the recruitment of civilians to senior positions in the force.