Ombudsman says penalty points inquiry will be ‘test case’

The Garda Ombudsman Commission has said its investigation into the penalty points affair will be an interesting test case of the relationship between it and An Garda.

One of the three members of the commission Kieran FitzGerald said he was hoping for full co-operation from the force, including access to the Garda’s Pulse system.

"This will be an interesting test case. We expect and will be demanding full co-operation and immediate co-operation on this particular issue." The commission and the Garda have clashed recently over a number of cases, including being denied access to the Pulse database when investigating the Kieran Boylan case.

“We have agreed new protocols with regards the exchange of information. It is too soon to say whether they are working well or not.”

Mr FitzGerald said the commission had not formally received a referral from Minister for Justice Alan Shatter but said it was preparing "in anticipation of receiving this case".

He said it was unclear what the scope of the investigation would be but the commission expected it to be “a wide-ranging investigation”.

“It would be our view that it would be difficult to tie this down to one or two aspects. “We would intend to broaden it out”.

Mr FitzGerald added that the political controversy and media commentary around the issue was conducive to public confidence in the oversight system or the system of justice.

He said the reason the commission had not opened an investigation into this matter soon was because it was expressly prohibited by the Garda Siochana Act from receiving complaints from a serving member of the force.

Mr FitzGerald said the two so-called whistleblowers; one serving and one former garda, would get a fair hearing but that the commission would not support one side over the other. “If there is wrong doing we will bring it to light,” he told RTE’s Morning Ireland.

Last night Garda Commissioner Martin Callinan said he had been in dialogue with Minister for Justice Alan Shatter and looked forward "to co-operating fully with the Garda Síochána Ombudsman Commission in its examination" of the points affair.

“It is critical that the Fixed Charge Penalty Notice System retains the support of the public so that it continues to play an important role in improving road safety,” he said.

"As I told the Public Accounts Committee, An Garda Síochána is committed to engaging with all its employees and any member of An Garda Síochána who wishes to report wrongdoing within the organisation will be fully supported and afforded every protection.

"In that regard, I also look forward to the inclusion of An Garda Síochána under the Protected Disclosures Bill 2013. I want to once again state that An Garda Síochána remains as committed as ever to full accountability to the Oireachtas and the citizens of this country."

The PAC will review the situation at a private meeting. The committee had asked a serving Garda sergeant, Maurice McCabe, to take legal advice before saying whether he would give evidence at a hearing on Thursday.

Before Mr Shatter’s intervention, PAC chairman John McGuinness had said the only question to be settled if Sgt McCabe was willing to appear was whether the committee would sit in private or public session.

Fianna Fáil justice spokesman Niall Collins welcomed the decision to call in the ombudsman, saying it was crucial that issues brought to the PAC's attention were fully investigated.

Sinn Féin justice spokesman Padraig Mac Lochlainn welcomed the move but questioned why it has taken so long.