Following the publication today of the report of the Garda Professional Standards Unit into the Fixed Charge Processing System (FCPS), Commissioner Noírín O’Sullivan said:
"As part of an on-going process of continual improvement of the FCPS, in July 2014 the Garda Internal Audit Section conducted an examination of the administration processes at the Fixed Charge Processing Office (FCPO) since the introduction of the new policy in June 16th 2014. This new policy centralised decision making in relation to the cancellation of Fixed Charge Notices in the FCPO. The internal audit examination found this centralisation considerably enhanced the controls over the cancellation system and there was a clear audit trail.
Furthermore, in August 2014, I requested an examination by the Garda Professional Standards Unit (GPSU) of how the new policies and procedures introduced on June 16th 2014 relating to the Fixed Charge Processing System (FCPS) were operating.
In September 2014, a source of information outlined concerns and issues relating to the operation of the FCPS. The source of information sought the protection of the Protected Disclosures Act, 2014 and agreed to assist in the GPSU examination.
The examination by the GPSU team is thorough and rigorous, and its report published today is detailed. In conducting its examination, the GPSU has been assisted by the source of information who was met nine times in the course of the investigation. I would like to acknowledge the source of information for raising issues relating to the FCPS system and their input has been valuable.
GPSU found:
- Significant improvements have been made to the FCPS since the introduction of the new policy on June 16th 2014
- A number of issues that had previously occurred can no longer happen because of the new policy on June 16th 2014
- Only the three individuals authorised to conduct cancellations have carried out cancellations since June 16th 2014
It was also noted by GPSU that FCPO have implemented procedural changes since its examination commenced and have shown a willingness to introduce further improvements to the system.
The report has also identified areas to be addressed. No system is perfect and must be regularly tested to see how it can be enhanced. The findings of this examination will help us in our continuous improvement of the FCPS.
In line with the recommendations of the report:
- An enforcement team is to be introduced to the FCPO to target persistent evaders
- All applications made by members of An Garda Síochána for Statutory Exemption because of use of a private vehicle in the course of their duties will now be submitted to the Director of Public Prosecutions for decision. I would like to thank the DPP and her staff for agreeing to do this.
- I welcome the appointment by the Minister for Justice & Equality of Judge Deery to regularly review the operation of the FCPO
I believe the implementation of these recommendations will ensure greater accountability and enhance public confidence in the penalty point system, which has played a key role in increasing road safety and reducing road deaths over the last decade.”
Commissioner O’Sullivan previously forwarded a number of allegations in relation to the cancellations of FCNs by members of An Garda Síochána to the Minister for Justice and Equality and requested the Minister to consider referring them to the Garda Síochána Ombudsman Commission for an investigation in the public interest, which the Minister agreed to.
GSOC is conducting an investigation under Section 102 (1) of the Garda Síochána Act, 2005 into certain aspects of the FCPS.
In this regard, the Commissioner has sent this report to GSOC for its consideration and GPSU will provide assistance and documentation, if required, to any subsequent investigation or review in respect of this GPSU examination of FCPS.
This report is also being sent to the Garda Inspectorate and the Comptroller and Auditor General. The Garda Inspectorate has previously undertaken to conduct a review of the operation of the penalty points system.
Methodology of Examination
GPSU analysed approximately 16,000 FCN cancellations for the period 1 September 2013 to 31 August 2014. From this, 428 cancellations which appeared to be in contravention of policy were identified.
The source of information provided information relating to cancellations pertaining to 115 individuals. A total of 239 cancelations which appeared to be in contravention of policy were identified by the source of information.
In total, GPSU examined 667 decision making files.
Findings
Of the 667 decision making files examined, GPSU considers that 114 of them require further investigation.
GPSU has pointed out that these investigations may well determine that there is no wrongdoing or individual failing on the part of anyone.
Of the 54 FCN cancellations files examined under the new policy of June 16th 2014, seven are recommended for further investigation
Of these seven, one is cancelled under the cancellation reason ‘Statutory Exemptions/Emergency Vehicle’. A second FCN is cancelled under the cancellation reason ‘Discretionary-Other’. Five are cancelled under the cancellation reason ‘Undelivered-An Post’.
Of these five, four are being recommended for further investigation internally by An Garda Síochána as GPSU believe they are procedural issues relating to ‘Undelivered-An Post’. It is recommended that the fifth be sent to GSOC to be investigated as it involves a member of An Garda Síochána.
Undelivered-An Post is where fixed charge notices are returned undelivered to the Fixed Charge Processing Office resulting in the cancellation of the majority of these notices.
There was a significant increase in the number of cancellations under the Undelivered-An Post category from 1 July 2014 to 31 August 2014 when compared to the same period in 2013.
According to the Fixed Charge Processing Office this increase was largely due to internal procedures introduced in 2013. These procedures have since been revised and a number of additional measures have been taken to deal with this issue including the re-issuing, where possible, of FCNs cancelled due to Undelivered An Post.
However, as the report states, a number of the difficulties in relation to this category are long-standing and outside the control of An Garda Síochána such as drivers residing outside this jurisdiction, delivering to multi-occupancy residences such as apartment blocks, and vehicles registered as company cars.
On this matter, An Garda Síochána will implement the recommended additional measures under its control. However, fully solving this issue will require a co-ordinated approach between An Garda Síochána and relevant Government Departments and State Agencies through the Criminal Justice Working Group.
GPSU has made 20 recommendations. Some of these recommendations can be implemented with a change of Garda policy, while others require legislative change and co-operation with the relevant Government Departments.
Notes
Volume One of the GPSU Report is available on Garda.ie. On the recommendation of GPSU and the advice of Attorney General, Volume Two is not being published as it contains personal information of drivers and Garda members.
Changes to the operation of the FCPS from 16th June 2014
A number of changes to the policies and procedures for the operation of the FCPS that provided for stronger oversight of the system were introduced on June 16th 2014. These changes were made following the Garda Inspectorate's report into the FCPS.
The changes included:
- The centralisation of the authority to cancel Fixed Charge Notices at the Fixed Charge Processing Office in Thurles.
- The publication of a revised internal manual outlining changes to internal policies and procedures in relation to FCPS
- Regular audits to be undertaken in relation to the operation of FCPS.
- The publication on Garda.ie of a guide for the public explaining how the Fixed Charge Processing System cancellation process works
- Cancellation requests can now be made on a cancellation form, which is publicly available on the Garda website or through the Fixed Charge Processing Office, Thurles
Garda Professional Standards Unit
Section 24 of the Garda Síochána Act 2005 established the Garda Professional Standards Unit, to
(a) examine and review, as directed by the Commissioner, the operational, administrative and management performance of the Garda Síochána at all levels,
(b) propose measures to the Commissioner to improve that performance, and
(c) promote the highest standards of practice, as measured by reference to the best standards of comparable police services, in operational, administrative and management matters relating to the Garda Síochána.
