Helen McEntee (Meath East, Fine Gael)
Link to this: Individually | In context | Oireachtas source

As the Deputy will be aware, the Garda Commissioner is responsible for the management and administration of An Garda Síochána, including all operational policing matters. As Minister I have no role in such matters.

I am advised by the Garda authorities that Ministerial cars are registered to An Garda Síochána and are driven by Garda personnel.

I am informed that if a Ministerial car is detected by a speed camera in excess of the speed limit a Fixed Charge Notice (FCN) will issue to the Fleet Manager in Garda Headquarters. All Garda vehicles that are detected speeding by safety cameras will receive a FCN addressed to the Fleet Manager.

All Garda members, including Garda drivers, can apply for an exemption under section 87 of the Road Traffic Act when they are using a vehicle in the course of their duties.

For further context, I can inform the Deputy that there is no mechanism for identifying an FCN specific to the Garda Ministerial Pool as all cancellations seeking an exemption under the provisions of section 87 of the Road Traffic Act 2010 are processed under category “C” cancellations.

For the Deputy’s information, the following is required for a statutory exemption to be considered under section 87 of the Road Traffic Act 2010:

• FCN cancellation request form completed by the driver, the district officer for the location where the alleged offence occurred, and the driver’s local district officer;
• A copy of the FCN;
• The nomination section of the FCN completed with the drivers name, c/o their Garda Station and signed by the driver's Superintendent.

I am informed by the Garda authorities that section 87 applications are predominately paper based and that a manual trawl of all category “C” applications would be required to identify FCNs relating to Ministerial vehicles. I am also informed that such a trawl would involve a significant number of paper files.

As such, I am advised that provision of the requested information would require the allocation of a significant amount of time and resources, which would negatively impact the ongoing work of the Garda National Roads Policing Bureau (GNRPB).

While the precise data sought is not readily available, I would also like to remind the Deputy that there is a robust governance protocol in place to oversee applications made under section 87 of the Road Traffic Act. This includes the review of all category “C” cancellations by a Superintendent from the GNRPB and authorised for cancellation if specific criteria are met.

The governance also includes the independent review and monitoring of the cancellation of FCPS notices by Judge Matthew Deery. This is done with a view to ensuring compliance with Garda policy on the cancellation of FCPS notices. Judge Deery was appointed as the sole Independent Oversight Authority for the Garda Fixed Charge Processing System (FCPS) Cancellation Policy in January 2015.

The appointment followed a recommendation contained in the Garda Professional Standards Unit (GPSU) report entitled ‘Examination of the Procedures, Policy and Decision-Making Processes in relation to Cancellations on the Fixed Charge Processing System of Road Traffic-related Offences’.

In his latest report Judge Deery continues to note satisfaction that there has been substantial compliance with the Fixed Charge Processing System Policy and Procedures Manual.