Gilmore expects Garda report findings to be implemented

Garda Inspectorate calls for power to terminate penalty points to be taken from local gardaí

Tánaiste Eamon Gilmore said he expects the Government to implement the recommendations in the Garda Inspectorate’s report.
Tánaiste Eamon Gilmore said he expects the Government to implement the recommendations in the Garda Inspectorate’s report.

Tánaiste Eamon Gilmore has said he expects the Government will implement the recommendations in the Garda Inspectorate's report into the termination of penalty points.

The report, which is expected to be publish after the Cabinet discusses it this afternoon, calls for the power to terminate motorists’ penalty points to be taken out of the hands of local Garda officers and centralised under a much stricter system.

Speaking this morning Mr Gilmore also expressed full confidence in Garda Commissioner Martin Callinan.

“The allegations have been investigated, are being investigated, and are being dealt with.”

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"We will be discussing this issue [AT CABINET]today. Alan Shatter bringing a memorandum before Government to discuss it. This is a matter to which he has given very serious attention to.

“When it came to his attention he had an Assistant Commissioner of the Garda looking at it and then he referred the whole matter to the Garda Inspectorate.

“Now he has the report of the Garda Inspectorate. As I understand it there is a whole load of recommendations. Mr Shatter will be recommending to Government to proceed with the implementation of those recommendations.”

Mr Gilmore said the Government was planning legislation to that strengthen the protection of whistleblowers, two of whom, garda sergeant Maurice McCabe and former garda John Wilson, brought the issue of penalty point terminations into the public domain.

The Garda Inspectorate’s report suggests that garda officers from the rank of superintendent and higher should no longer have discretion to cancel points in cases where motorists complained errors had been made or insisted there were legitimate reasons for infringements such as speeding.

Instead only members of the Garda’s fixed-charged processing office in Thurles, Co Tipperary, would have the power to cancel points.

Any approaches to them would be logged as would the reasons for their decision making, all of which would be regularly audited.

Minister for Justice Alan Shatter last night said legislation would be needed to provide for the reforms.

The Garda Inspectorate report was due for publication this afternoon after it was brought to Cabinet by Mr Shatter.

Last July he requested the Garda reform agency study the points system along with the findings of an investigation into it concluded last year by Assistant Commissioner John O’Mahony.

Fianna Fáil spokesman on justice Niall Collins TD called on Mr Shatter to apologise for previous remarks he made about Sgt McCabe's alleged unwillingness to co-operate with Garda investigations into allegations he himself had made.

Mr Shatter had also criticised the manner in which the former garda Wilson had raised his concerns about the penalty points system.

“It is a matter of concern that the allegations made by this Garda whistleblower were in many instances seriously inaccurate and without any foundation in fact, or else involved an incomplete understanding of the facts,” Mr Shatter said at the time of the publication of the O’Mahony penalty points report last May.

The Garda Inspectorate was established eight years ago to review Garda procedures and recommended and oversee policing reform.

The Garda inquiry led by Assistant Commissioner O’Mahony concluded last May and found no evidence of corruption, a conclusion that does not appear to be contradicted by the Inspectorate’s report.

It found a system that was generally working well although some Garda members were suspected of serious abuses of their powers and were criminally investigated with files sent to the DPP.

A Garda superintendent and two inspectors were disciplined after they were found to have terminated points in 661 cases.

Mr Shatter requested the Inspectorate examine the O’Mahony report, a separate one by the Garda Síochána Professional Standards Unit and also study the fixed charged notice system generally itself and make recommendations for its reform.

Conor Lally

Conor Lally

Conor Lally is Security and Crime Editor of The Irish Times