I welcome this opportunity to address these important and very disturbing
issues.
First of all, I want to stress again, as I have already and as the
Taoiseach did during Leaders’ Questions, the utmost seriousness with which
the Government and I as Tánaiste and Minister for Justice regard these
issues.
It is essential that the Government, the Oireachtas and all our citizens
can trust members of An Garda Síochána to carry out their duties fairly and
impartially, and in accordance with the law.
The public have to be able to believe statistics and all information
provided by An Garda Síochána.
It is essential that we get the answers we need and I am totally committed
to doing so. The issues that have been raised go to the heart of policing
in the State – they go to the heart of public confidence in our police
force. And the area of policing involved, that of roads and traffic, is
one that affects every one of our citizens. So many of us have been
affected by tragedy on the roads, be it the death of a friend, colleague or
family member. We need to know, as citizens, that those charged with
enforcing the laws designed to ensure our safety do so to the highest
standards.
I met with the Garda Commissioner yesterday and I conveyed the Government’s
very deep concern at the revelations of recent days.
The facts we now know about how breath tests were being conducted and the
operation of the fixed charge system are completely unacceptable and raise
very troubling questions.
The scale and detail of these issues became apparent last week at the Garda
press conference. I am determined that all the facts will emerge.
MATs
An anonymous complaint was made to the Road Safety Authority in April 2014,
outlining a number of issues which included the operation of MAT
checkpoints. This complaint was referred to An Garda Siochána by the then
Minister for Transport, Tourism and Sport. An Garda Siochána indicated in a
detailed letter to my Department in May 2014 that they had looked into the
claims regarding MAT checkpoints and they were satisfied that correct
procedures were in place to account for MAT checkpoints that ultimately did
go ahead.
In June of last year my Department was made aware that some discrepancies
had been identified in relation to Mandatory Alcohol Testing and that An
Garda Síochána was commencing a national audit. An Garda Síochána
indicated in June 2016 that no issues stemmed from this audit in relation
to the performance of MAT checkpoints or prosecutions arising from same.
They also set out the new procedures that they had already introduced to
facilitate the accurate recording of breath tests and outlined that an IT
solution had been developed and would be implemented towards the end of
2016.
Following this preliminary notification to my Department last year, updates
were sought from An Garda Síochána by officials in my Department on a
regular basis as to the progress of the audit taking place into this issue.
An Garda Síochána indicated in February 2017 that it was anticipated that
the national audit would be finalised in the second quarter of 2017.
Although that audit has not yet been finalised, An Garda Síochána announced
figures at their press conference in relation to the discrepancy between
the number of test conducted at MAT checkpoints as per their own records
compared to the records held by the Medical Bureau of Road Testing.
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 that it was not at that
time known to Garda management either. It was in order to assess the scale
of the problem that the national audit of MATs was launched.
I did not become aware of the huge discrepancy in the breath test figures
until it was revealed at last week’s Garda press conference.
FCNs
My Department was informed in June 2016 of an error in relation to summons
having been incorrectly issued to persons who should have received a Fixed
Charge Notice for the offence of not having a valid NCT certificate, which
became a fixed charge offence in December 2014. An Garda Síochána
indicated that following on from those initial findings, further enquiries
were being carried out in relation to all summons issued in relation to
other fixed charge offences. In a press statement issued on the same date,
An Garda Síochána confirmed that it had commenced a review of prosecutions
in relation to all fixed charge offences.
The letter set out the remedial actions already taken by An Garda Síochána
at that stage, which included withdrawing prosecutions in any affected
cases and also putting in place a short-term IT solution within 4 weeks,
while a long term IT solution was being developed.
Following the preliminary notifications of these problems to my Department
last year, updates were sought on a regular basis as to the progress of the
review taking place into the fixed charge processing system issues covering
the period from 1st January 2014 to 27th May 2016. The results of this
review were communicated to my Department in a letter received on 14th
March 2017.
The letter indicated that a total of 1,781 cases had been identified where
persons had been convicted in situations where they had been incorrectly
summonsed to Court, either without first having been issued a fixed charge
notice or having been issued and paid a fixed charge notice. The letter
also set out that consultation remained ongoing with the Director of Public
Prosecutions (DPP) and the Courts Service in relation to commencing the
process of setting aside the convictions in the Courts.
An Garda Síochána also advised in that letter that the DPP had indicated
that the review should be extended to include cases pre-2014 and that this
process was now underway. 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 matter of great regret to me that anyone
should be summonsed to court incorrectly, with all of the consequences that
follow for individuals.
It is absolutely critical now that these mistakes are resolved and the
necessary remedial actions put in place.
In relation to F.C.P.N., at my meeting with her yesterday, the Commissioner
assured me of that arrangements are being put in place in relation to the
persons affected. All of these cases will be appealed by An Garda Síochána
in order to ensure that the courts set aside these convictions, all fines
will be reimbursed and penalties removed, and all of those affected will be
contacted directly by An Garda Síochána. Letters will begin issuing to
these individuals on 3 April.
The Commissioner also outlined to me the IT and operational solutions that
have been put in place to ensure that these practices have now ceased.
In the case of Fixed Charge Notices, a permanent and comprehensive IT
solution is now in place and An Garda Síochána is satisfied that the errors
that occurred cannot be repeated.
In the case of Mandatory Alcohol Tests, An Garda Síochána initially put in
place new paper based recording and verification processes and in November
2016 a new specific data recording IT upgrade was installed on the Garda
PULSE system. The net effect of the new IT upgrade was that personnel now
have to record the serial number of the device used for each breath test
plus the meter reading before and after the checkpoint was concluded. Data
from the device is now used to verify the total number of breath tests
conducted at each checkpoint.
But the focus now has to be on what is being done to get to the full truth
of what transpired and the accountability that must be brought to bear.
Clearly there is a need for an investigation to hold responsible those
people, at all levels of the Garda organisation, who allowed such large
discrepancies in the breath testing figures to arise. The Commissioner
announced such an investigation yesterday.
Following consideration at cabinet earlier today, the Government has
decided that that should be an independent investigation and consultations
will now take place with the Policing Authority as to how to achieve that.
I met with Josephine Feehily, the Chair of the Authority, yesterday and
informed her that I was formally referring both of these matters to that
body under the Garda Síochána Act.
The Chair informed me that the Authority will have an independent
professional audit undertaken of the steps taken to resolve these issues
and I think that is an essential part of providing the necessary public
reassurance.
The clear view of the Government following my briefing of them at today’s
cabinet meeting was that these revelations have given rise to the most
serious concerns, not just among public representatives but also the
general public. The Government accepts fully that we need explanations.
That is why we are making use of the full legal mechanisms in place to
ensure there we will establish the full facts and that there can be
accountability in this area.
It is absolutely essential that the process of reform is rigorously
implemented in An Garda Síochána, and that it is seen to be implemented,
including through close oversight by the Policing Authority.
As the Taoiseach said earlier, the Government believes the level of public
concern in relation to some issues affecting the Garda Síochána is now so
profound that it is now time to conduct a thorough, comprehensive and
independent root-and-branch review of An Garda Síochána. That is clearly a
proposal that will require further detailed consideration by the
Government.
As the Taoiseach said, any such proposal should command widespread support
in the Oireachtas and accordingly be the subject of consultation with the
Opposition, and ultimately approval by the Oireachtas.
We in Government accept that change is required – as Minister for Justice I
have introduced the most significant reforms in policing since the
foundation of the State, including the establishment of a Policing
Authority, additional powers for GSOC and greater civilianisation. But we
need to do more. I hope that opposition Deputies will accept the offer to
work with the Government on this, and contribute to achieving the policing
service we all wish to see.