Breath tests: Tánaiste only learnt of ‘huge discrepancy’ last week

SF asks how Minister can have confidence in Garda Commissioner who tells media first

Tánaiste Frances Fitzgerald insisted in the Dáil the first she knew of the "huge discrepancy'' in Garda breath test figures was when it was revealed at a Garda press conference last week.

The Minister also said she would consider a Patten-like commission of investigation or an independent review, and would consult party leaders about the controversy.

She came under pressure during a two-hour question-and-answer session on the latest Garda controversy over wrongful convictions and vastly inflated figures for roadside breath testing.

Ms Fitzgerald insisted that when she received a letter in June 2016 outlining that issues had arisen in relation to breath testing, no figures were given about the numbers. There were, however, concerns that some people had been summoned to court for traffic infringements after they had already paid fixed-charge notices. No figures were given.

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However, Fianna Fáil justice spokesman Jim O’Callaghan said that “as Minister for Justice you’ve been aware for nine months of wrongful convictions, and in my submission you did nothing about it”.

The Minister said in 96 per cent of cases people were brought to court for a range of offences.

She told Sinn Féin justice spokesman Jonathan O’Brien there had been an audit in the southern region and as a result gardaí began a national audit of 108 districts about discrepancies in breath tests.

He pressed her about whether she asked for the figures, but she said the department was dealing with the issue.

Discrepancies

She was given the southern figures in March this year for breath tests, which showed 17 per cent discrepancies, but it subsequently emerged that it was far greater.

Mr O’Brien claimed Garda Commissioner Nóirín O’Sullivan informed the media before she informed the Minister, and asked how Ms Fitzgerald could have confidence in the commissioner.

Ms Fitzgerald said: “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, it was not at that time known to Garda management either.

“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 a matter of great regret to me that anyone should be summonsed to court incorrectly, with all of the consequences that follow for individuals.’’

Independents4Change TD Tommy Broughan called for the Minister to consider her position, but Independent TD Michael Healy-Rae said the Minister had done nothing wrong. He believed that, rather than resign over the latest controversy about inflated breath test figures and 14,700 wrongful traffic offence convictions, the commissioner should stand aside until the investigation into the issues involved was completed.

Own troops

Independents4Change TD Mick Wallace said Ms O'Sullivan "has lost the support of her own troops", and told Ms Fitzgerald: "you must be terrified of your life that you're going to go down with her".

Ms Fitzgerald replied that “you’ve obviously decided the outcome before the facts are heard”.

The Minister said that in June 2016 her department was made aware discrepancies had been identified and that a national audit was commencing.

Solidarity TD Mick Barry asked if the Tánaiste would remove the Garda Commissioner if the House passed a no confidence motion.

Ms Fitzgerald said such a decision, should it arise, was a matter for the Government, adding the Policing Authority could also make its views known.

“What the Government has said is it has confidence in the commissioner to get on with the job she was asked to do.’’

Michael O'Regan

Michael O'Regan

Michael O’Regan is a former parliamentary correspondent of The Irish Times

Marie O'Halloran

Marie O'Halloran

Marie O'Halloran is Parliamentary Correspondent of The Irish Times