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Updated 22.44pm
A REPORT FROM the Garda Síochána Inspectorate into the penalty points system has found “inconsistent and widespread” breaches of policy.
The inspection was requested by Minister Alan Shatter following allegations of corruption and favouritism in administering the Garda Siochána fixed charge processing system.
The report, The Fixed Charge Processing System, A 21st Century Strategy, was published today by Minister Shatter.
The inspectorate made 37 recommendations for changes and improvements to the system.
It also detailed issues with cancellation of fixed penalty notices, records, taking notes, resources, the use of robotic vans and training.
The Chief Inspector said that the accumulation of successive incremental “fixes” to problems in the system “has resulted in a technically deficient, managerially uncoordinated, inefficient and excessively resourced support system”.
‘Wasteful’
The Inspectorate found that the FCPS (penalty points system) was “fraught with wasteful use of garda and other stakeholder resources in administering the system”.
It found a lack of management oversight “in not implementing required monitoring mechanisms at the operational level, providing training for cancelling authorities and clear policy guidelines for its use”.
Several senior garda officers told the Inspectorate that “if everyone had just followed the manual …we wouldn’t be dealing with this”.
The Inspectorate was told by senior garda staff, that but for the public scrutiny, the extent of the deficiencies within the fixed charge processing system would not have been detected.
It found “inconsistent and widespread breaches of the FCPS policy by those charged with administering it”, as well as “no meaningful evidence of consistent quality management supervision, no training and no clear policy guidelines on its implementation”.
Robot vans
On the use of robot vans in speed detection, the report said it was unclear “what if any significant additional role or function” the vans provide that could not be provided by the Garda Síochána safety camera private contractor.
In essence, the garda robot vans provide no more than a costly supplementary service.
In addition, the speed threshold assignment is at the discretion of the traffic member operating the robot van.
This leads to inconsistent speed thresholds applied by the eight robot vans against the agreed speed thresholds applied by safety cameras nationally.
The Inspectorate recommends that robot vans be re-deployed.
PULSE system
Issues were also flagged around people attending different garda stations with documents after getting a fixed charge notice.
When a person produces the documents at a different station to the nominated garda station, PULSE does not recognise the production of documents.
This means that a summons is incorrectly issued for non-production, requiring the motorist to attend court.
This system failure results in needless administration for both the Garda Síochána and the Courts Service and significant inconvenience for the compliant motorist. Production of documents at any garda station should be recognised by the system
Breach of policy
The report also looked at policy, and said in one case a serious breach of policy was noted in the Assistant Commissioner’s report.
A notice was cancelled using the registered number of a superintendent – two weeks after his/her retirement.
The Inspectorate found no auditing of the cancellation process of fixed charge notices at any level that would have identified these problems.
Cancellation
The Chief Inspector said he was concerned at the “inconsistent application, interpretation and subjectivity of the cancellation of fixed charge notices”.
He looked at the cancellation rates across 110 districts, and said a significant proportion of cases were cancelled in circumstances that do not satisfy system policy.
Discretion
The Attorney General had already advised that it would be of benefit to have best practice policy guidelines and examples in the exercise of discretion in deciding on cancelling fixed charge notices.
But this advice was not acted upon.
The Inspectorate believes that had the Garda Síochána taken account of the Attorney General’s legal advice in 2006, it is reasonable to assume that the policy may have been implemented as intended.
There was an inconsistent approach from 113 cancelling authorities, making subjective decisions, without training or clear policy guidelines.
In reviewing most of the districts, the Inspectorate found poorly-maintained cancellation files, with no audit process present.
Incidents
The report also outlines some examples of incidents involving gardaí receiving fixed penalty notices.
In one incident, while driving their own private car, the member placed themselves on duty, outside of rostered hours without prior sanction to attend the station where an offender was being questioned. No documentation sanctioning the use of the member’s private car for official purposes was made available or prior sanction that the member was rostered on duty.
In another incident one notice was cancelled by a superintendent outside of the district in which the offence occurred – which was a breach of policy.
Repeat offenders
The report looked at the level of repeat offenders submitting requests to different district officers for the cancellation of fixed penalty notices, which meant they avoided their multiple offences being detected.
In reviewing a sample of cancellation files, the Inspectorate observed no evidence where the district officer reviewed the FCPS for previous FCNs cancelled.
Recommendations
The report recommends overhauling the entire penalty points system.
Other recommendations include:
The report also said a “rigorous audit process is required to restore public confidence in the processes and systems of managing” the penalty points system.
First published 18.44pm
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I don’t understand why people are shocked, this has gone on for years. It’s in every section of a Irish society. This is one of the best countries in the world to get anything you want. Just takes a phone call to the right person. I know a chap that got his car passed, a nct because he knew a mechanic in there. It’s everywhere.
It’s what the rest of Europe keep saying, a Basket case and only the citizens can change it!
now its time to find out who was their friends in this cartel were ..should make good reading
Maybe this is a start Stephen, the brave whistleblowers will be demonised forever though but someday the elite will one day have to realise the country is a republic and now just perks for the privileged at the top …
THE NCT is the next big scandal. The level of corruption in these testing centres is legendary. The abuse of retests as a revenue stream is appalling. Friends cars “tested”, mechanics with cosy deals with the testers…etc etc
113 different authorities entitled to quash or expunge points for family, friend and contacts.
Well done to the whistle blowers. They deserve our thanks.
On a wider level, we need to abolish directly political control of An Garda Siochana by the Minister for Justice. We need a Proper non political Garda Authority.
Corruption does not necessarily mean bribes. Corruption in the wider sense includes pull and contacts, favours done and “fixing” of matters for friends of friends and often in return for reciprocal favours down the line.
It will be a positive step when this discretion is removed to An Garda Siochana where it should never have vested in the first place. The whistle blowers, who were both members of the Force, one still is, have done an immense and invaluable public service. They deserve our respect and thanks. Most ordinary members of the Force support them.
I can’t see how the Commissioner’s role is tenable. He needs to resign or be terminated. He has his pension. Time to go. We can look at Minister Shatter after that. A full apology is the least that he can offer.
Indeed Shatter needs to offer his apologies and tender his resignation and at this stage the commissioner should be gone. What did he call those 2 whistle blowers again?
Kerry, it is unlikely that Shatter will last beyond the end of the month. He has atrociously badly mishandled this entire affair.
Peter,
Shatter published this report. He has given Callinan enough time to clear his desk. He will issue a “clarifying statement” that will fall far short of an apology, and business will carry on as normal, only this time whistleblowers will be silenced before their complaints become major issues.
This is not progress, it’s establishment entrenchment. We need a lot more, but we are not going to get it. Unfortunately.
Garda commissioner gets points cancelled because he had to speed to get to a meeting he was late for.
Farmer had to break the speed limit because his cattle were attacked by bees.
This report should win the booker prize for funniest publication of the year.
In fairness, the bees were killer bees remotely controlled by Extremists.
We live in the land of ‘the stroke’. The ‘sleeveen gene’ is buried deep in us and this type of thing is not unique to the Gardai it will be found in any system in any service in the state. We need to change the culture but it won’t come easy.
There will be many people in the Gardai who see nothing wrong with this type of ‘discretion’ being used selectively. Where is the line between discretion and fraud though?
Nial, fair and true comment.
People need to be made aware this is a management issue and not caused by the so called rank and file who have no ability to squash the penalty points. The media are portraying it as a wide spread issue caused by the entire force from Garda up and this is simply not the truth.
Justasheedy, that is a valid and well informed comment. It deserves to be said. The Report supports what yiu say. It was the 113 authorities who betrayed their duties.
Justasheedy . God bless your naivety. Of course the corruption , turning a blind eye and quashing of points starts from rank and file gardai upwards . How many serving guards have any ; or more than the two points cut off for insurance ?one phone call and serving guards are free to drive wrecklessly with impunity .
Publish the names of who got points washed
But that would be transparent, open, fair and reasonable.
It is not just the general incompetence and mismanagement behind it all but the attitude of the leadership of the force to being called out for being so.
This report is another clear reason for Callinan to resign. Another week, another major scandal in the force.
Put it over on the desk with the rest if you can find a space.
It is mismanagement.
Senior level Guards who are at fault. When the leadership do not do their job or demand standards it rots the entire body.
The fish rots from the head.
Shocking news but hardly surprising considering recent revelations.
Alan Shatter’s position is untenable. His standing-by Enda Kenny during the leadership upheaval does not confer upon him a right to continue administering a department rife with corruption, which he has abjectly failed to solve. Someone new needs to go in and sort out the catastrophic failures in the justice system.
Oh, and while we’re at it, will the leadership of Sinn Fein tell everyone where all the disappeared are buried please.
Callinan’s position is completely untenable as well.
He needs to be brought back for PAC and explain himself.
As for the senior Guard that compiled the first report, he has to explain it as well, if he can.
The Inspectorate thanked that senior Garda for his report and basically found the same faults with the system that he did. No Cover up, which is what a lot of people have been alleging up to now.
Basically FCPS system was rubbish and everyone (who had authority to cancel a FCPS) was applying different criteria and recording procedures.
Maurice Mc Cabe alleged corruption and there is no evidence of it here.
Corruption is not the same as bribery. Fixing points for retired members and family members is corrupt.
@EULE2014 , you had better watch out. Don’t use your landline for calls any more . If Shatter thinks you’re screwing him, you’re finished !
Why are SF going to be able to tell you where Callinan and Shatter , Angela Kearns and Enda’s , Frank Fennelly who was already fired earlier in the week, buried all their corruption evidence ??????
Certain circumstances dictate that cancellation of a notice is appropriate. One occasion, A friend of mine was following an ambulance to crumlin hospital with his critically ill daughter on board, he was in his private car. Sadly she passed away shortly after in the hospital but at least he was by her side. In those circumstances the notice was cancelled and justifiably so. I am speaking as somebody who has had points and believe there should always be discretion but for the right reasons, not the old pals act
Strangely enough, I was given a speeding ticket when taking a sick child to hospital. I was told to write to the Superintendent to appeal against it. Was summoned to appear in court and had to attend to argue my case. Thrown out after wasting half a day.
Was it a Garda or a speed van that caught you speeding? I can’t see a Garda write up a ticket when there’s a sick child in the car….
Welcome to Ireland of the con, the courts and the gardai ,all for one and one for all in a system at odds with the common people and common law . Due process dose not prevail when these two rule and regulate for self ,in fact it is against natural justice and perverts its true meaning
Unmarked Garda car @ 12.45 am The judge wasn’t very impressed with the BanGarda who issued the ticket and read her the riot act for wasting his time, my time and the courts time. It was almost worth the hassle to see her get her come uppance.
Unbelievable that this still takes place, I was naive to think that this was a thing of the past.
Breach o policy does not automatically equal corruption. Breach of policy could be something simple like not posting a confirming letter, not recording a decision.
Read the report. It’s disgraceful, but typical of Ireland.
In 2011 22,781 tickets cancelled = 62 tickets a day. There are 110 cancelling authorities (Superintendents and above) so that is half a ticket a day by each one of them. The figures were slightly lower for 2012 (21960 cancelled) and 2013 (17393 cancelled).
Corruption, wide spread scandal, where is the evidence of that? The report is all about breaches of Policy and incorrect application of procedures. There is no mention or allegation of corruption bar the ONE ticket cancelled using the registered number of a superintendent – two weeks after his/her retirement.
The Inspectorate gave a press conference and thanked Sgt Mc Cabe for his information on the FCPS system and he emphasised (3 times) it was the information on the system that he was thanking him for. But all the allegations of corruption are hocus pocus. This is the 3rd report into FCPS by a different body and there is one more to come. All have found the system was basically not up to par, but none have found evidence of widespread systematic corruption, which is what Maurice Mc Cabe alleged.
People don’t want to hear what you saying but it hits the nail on the head.
In fairness, many of the cancelling authorities were strict and proper, refusing to expunge points. Other cancelling authorities were exceedingly generous.
Once the issue came on the radar, the practice of expunging points ceased very quickly. All the deserving cases disappeared very quickly.
Interesting that a just or recently retired member of he force was placed back on the duty roster so as to have his points expunged. There may have been no bribery but there was corruption.
Dispicable you.
I agree your fully correct in what you say. No evidence of corruption but just inefficient system.
However, the commissioner should still go. I accept they say that internal audit would not have seen these things so commisoner would be unaware but he thick ignorant attitude in not meeting with them his public display of ignorance in the PAC and generally the way he handled it when it could have been done differently and nipped in bud Years ago.
Secondly its not all sunshine and roses read into recommendations a little. Discrepancies in garda speed van detections as the garda personnel put discretion on speed…….
What that means let’s say 80kph area go safe will nab you at 83 that’s it. The garda van the driver might be kinder and say 93 as a threshold. Well now that’s gone out window. Next time you caught at 83 by garda not go safe just remember once a bit of common sense was there.
Evidence of malpractice by 55 out of 113 cancelling authorities. No monitoring system.
50 times the rate of expunging points in some areas compared to others.
Frontline Garda imposed the points and upper ranks cancelled them.
Why were all of these favours being done?
Assuming that there was no quid pro quo is wishful thinking at best.
Not if it was in just one station. When it happens in 113 then it has to be considered as a corruption of the process. This is down to an unhealthy attitude towards law enforcement by the Gardai.
Oh my god this is ta most shocking revelation i have ever heard. What will we do. This has never happened any where before. Lets collapse the country, disband our police service, call in ta army, maybe even civil war. Like penalty points were struck off because someone knew someone. For gods sake this is small stuff. Does people actually realise what coruption really is. What a load of bull****.
People read the Morris Report on Garda corruption in Donegal.
We are beyond surprise or shock at this stage.
Once you accept the small stuff then you have no case to protest against the bigger stuff. Rudy Giuliani reduced the crime rate in New York by cracking down on the petty crimes – it was then found that this in turn led to a decline in more serious ones.
An imperfect system is what it boils down to not a corrupt Police Force.
It seems to be lost on everybody that these actions are demand driven by Joe public. That’s right, ordinary Joe’s – Taxi drivers, people going to work etc. A friend or a friend of a friend knows someone. You can be rightly annoyed at the gardai, but they were answering a demand by Joe public. It’s called lobbying….
That may explain, but it does not justify. Remember these were points which had been imposed after the opportunity of availing of the judicial system. Commissioner Callinan was one of the beneficiaries.
O’Really , O’Reilly , – you are really becoming an absolute laugh a second – not just a laugh a minute !
You are still at this moment trying to defend TOTAL CORRUPTION amongst Charities , The Head of An Garda Siochana – and most of all OUR JUSTICE MINISTER – Alan Shatter !!
You are simply ASTONISHING !!!!!!
Stop shouting Kerry. By the way, the Garda inspectorate didn’t make ANY finding of corruption. Just favours done for the lobbying public. Stop trying to fit events to your Sinn Fein agenda…
Doing favours for family and friends, pretending that a recently returned member of the force was on duty and expunging points, contriving false documentation and false excuses is corrupt even if there was no direct payment of cash for favours done. Of course what happened was corrupt and it was serious malpractice.
That said of 113 cancelling authorities only 55 or so abused their authority. The others acted with integrity and properly.
Denying corruption occurred is part of the mindset which likes to ignore the abuse of authority and prefers to turn a blind eye to very serious malpractice by senior members of an Garda, not to mention depriving the State of legitimate income from the penalties imposed.
The law should be applied equally to all and there should not be a two tier system of law enforcement.
What happened was clearly corrupt even though, for obvious reasons, there is no evidence of direct bribery.
Law enforcement is discredited by what has been revealed but now that this Report has vindicated the two principled whistle blowers, who are a credit to their uniform, the process of reform can take place and this is a priority.
Commissioner Callinan and Minister Shatter are responsible for tolerating what happened. They know for more about this debacle than is in this Report and any process of reform should commence with their respective departures.
You have to read the full Report to see how bad the points fixing abuses were. To deny that it was corrupt, is to fail to recognise wrongdoing and is a head in the sad approach along the same lines of Callinan and Shaater.
Next big scandal will be the garda getten into coppers free.
Or free Mc Donalds
Shane, the commercial justification is that this pulls in the girls.
Who cares! I’d be happy out if I got off without points. Hardly the end of the world is it?
Rules are meant to be broken. Keeps humans alive. Otherwise you just have a nation of robots doing everything by the book at all times. Instructed when to sleep, where and what to eat, when and how they can make love.
Nu uh, not for me. I’m an anarchist. And if more people were this country wouldn’t be forced into being europe’s bitch so quickly. Gone be the days of the anarchists of the late 1800s and during the rising.
Shit.
:-O ,My shocked face (said with a tint of sarcasm)
I think whoever brought this to light must be a discusting person ……sarcasm
Breach of policy means the system isn’t working correctly and rules and policies are not being adhered to. Most people wouldn’t accuse an Garda siochana of corruption, rather of ineptness which this report seems to highlight. Pretty damming it would seem.
Corruption is abuse of public authority when favours are done for contacts without objectively valid justification.
Corruption is not necessarily synonymous with bribery.
I’d nearly prefer corruption to incompetence because that means they would actually know what they were doing
Anyone know where I can view the O’Mahony report which was published last year? I’d like to compare it with this one to see how much of a whitewash it was. Being the good Garda that he is, I’m sure John O’Mahony did his utmost to preserve the “reputation of the force” but did he make any real effort to investigate instances of malpractice?
You should read the Inspectorate Report, they thank O’Mahony and their report pretty much reflects the same findings as he had presented in his. No cover up, just a Garda doing his duty
I am, but I’d also like to look at the O’ Mahony report. It’d be interesting to see how his assertion that the inappropriate writing off of Fixed Charge Notices “cannot be substantiated to any degree” can be reconciled with this report. The fact that they thanked him is meaningless really. Those kinds of pleasantries are to be expected, it has no bearing on the veracity of his report.
How Brian Dobson can keep his job after the interview. He must hang his head in shame. Is he given the questions ? He did not have the courage to ask for apologies or resignations. Shame on RTE.
RTE are afraid of them. They won’t rock the boat – because they are afraid.
RTE will only ever attack or question – whom they perceive to be weak or vulnerable.
They will never go after the powerful.
And Shatter is still minister for justice and his awful buddy Callanan is still commissioner ! Only in Ireland would u get it !
Irish politicians think that “Ethics” is a place just outside London.
Yawn!!! Morning losers. Still trying to bring down the government using Twitter?
It’s a beautiful fuc#ing dayyyyy !!!!
Enda – what has Shatter got on you?
Fire him or go down in history as bring the same as Bertie. No integrity.
Garda should be commended for openness and honesty and rewarded with respect for the respect they show.
But the liars , cheaters , story tellers,
Ignorant arrogant & disrespectful should be sent packing this will only be done if people stop respecting uniforms. The people and they’re actions are what should be respected not an ask hole who knows nothing of law with an attitude problem.
That should be removed sacked and deprived of a pension of the job.
This is a sad day for the decent Gardai who carry out their duties to ensure Law & Order in our State.
With corruption and deceit in the higher ranks and bullying at all levels heads need to roll.
1. Cullinan
His pathetic performance attending the PAC was evident to all and sundry.
He didn’t bother investigating the whistle blowers accusations he didn’t even properlt notify the 2 guards ir request their attendance to have evidence. Judging by Vincent Briwns program tonight he cleary set about intimidating and bulkying the 2 Gardai whistleblowers. The effect of this DISGUSTING directive must have had brought untold misery to both Gardai and their wife’s and family.
Mr Cullinan you obviously think you and your senior officers are above the law. You are a DISGUSTING person who has betrayed the decent Garda in the force and betrayed the citizens of this State.
You are no better than a bullyng tug, and its time fir you to go.
RESIGN NOW.
2. SHATTER.
You gave supported Mr Cullinan through thick and THIN. You have overlooked the evidence before you and have attempted to brush under the carpet, the corruption within our police force. I believe you have facilitated thus corruption and have assisted indirectly in the bukkying and intimidation of these 2 fine Gardas.
RESIGN NOW WITH Mr Cullinan.
3. ENDA KENNY & FG.
Its now time to show as promised your policy to weed out corruption in our society. YOUR Minister has ILLEGALLY facilitated corruption in the IRISH States PolIce Force
I am waiting for the next instalment – the Ian Bailey v An Garda Siochana case in the High Court showcasing the ineptitude of the investigation into the murder of Sophie Toscan du Plantier in West Cork.
Gee Willikers Batman!
Corrupt government corrupt police force.Rise up people let’s take our country back from all this corruption.
The Garda Inspectorate had no power or authority to investigate corruption, speed limits or speed enforcement only the system that rescinds penalty points.
The setting of incorrect speed limits by the Department of the Environment and the enforcement of these incorrect speed limits by Gardaí under the direct control of the Department of Justice was not addressed.
Issuing 4,000 speeding penalty points weekly on roads with incorrect speed limits is not a road safety issue but results in a 30% increase in insurance premiums for insurance companies and a loss of employment for some.
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