Gardaí run foul of watchdog over penalty point cancellations

An independent watchdog has criticised gardaí­ for their continuing failure to provide details of the circumstances why they seek to have penalty points cancelled when detected speeding while on duty.

Retired District Court president Judge Matthew Deery – who oversees the process by gardaí­ of cancelling fixed-charge notices issued to motorists – said the problem was persisting. And this despite the fact he had previously raised concerns about gardaí­ not providing specific details as to why they were seeking exemptions.

In order to have any fine or penalty points cancelled, officers detected breaking the speed limit while driving official vehicles are required to provide proof that it occurred in the course of their duty and that such driving did not endanger the public.

In his annual report for 2018 – which was completed 14 months ago but only just published by the Department of Justice – the judge said: “We are all familiar with the advertisement that ‘speed kills’. Even accidents at relatively low speeds can cause death or injury.”

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The judge said he had advised in the past that gardaí­ should provide specific reasons for breaking speed limits when applying for an exemption.

“Despite this, applications have continued to be submitted merely stating that the garda was on duty at the time and that road users were not endangered,” the judge said.“If there is an emergency or other good reason to speed that is acceptable”.

A further comment on the issue by the judge has been redacted by the department. A departmental spokesperson said it related to advice received from the Director of Public Prosecutions (DPP) and was redacted with the judge’s agreement.

The judge said it might also be necessary to raise the matter directly with Garda management. He contrasted the situation between gardaí­ and applications from members of the public to have penalty points cancelled.

The judge noted that an application from a doctor who was responding to an emergency where the life of a person was at risk would be considered, while it would be refused if the doctor was travelling to a routine call.

In his fourth annual report, he expressed satisfaction that there had been “substantial compliance” with the policy and procedures for rescinding fixed-charge notices on motorists.

Decisions on the cancellation of fines and penalty points are now centralised at the Fixed Charge Processing System office in Thurles, Co Tipperary.

Reviewing decisions

The only personnel authorised to cancel fixed-charge notices are the superintendent in charge of the office as well as a superintendent or chief superintendent in the Garda National Traffic Bureau.

All applications for exemptions from gardaí­ driving their private vehicles are referred to the DPP for decision.

The judge said he had carried out a review of a random sampling on decisions and would not disagree with the manner in which authorised gardaí­ had exercised their discretion on requests to cancel penalty points.

The judge was appointed to the oversight role in 2015 following a controversy over the widespread cancellation of fixed-charge notices by gardaí­ which had been highlighted by Garda whistleblowers Maurice McCabe and John Wilson.

Welcoming the report, Minister for Justice Charlie Flanagan said a working group was continuing to oversee developments in the area of processing fixed-charge notices.

Mr Flanagan made no reference to the judge’s criticism of gardaí.

The department said publication of the report had been delayed as it had been necessary to consult and seek observations from several State bodies including An Garda Síochána and the Department of Transport.