Poor system wrongly gave leave to travel the world

A CONVICTED drug dealer was wrongly given licence to travel the world by Transport officials who were misinformed by gardaí and themselves failed to understand the application of the law.

This was the outcome of a report ordered by Transport Minister Noel Dempsey into the decision to grant an international haulage licence to Louth operator Kieran Boylan.

His licence came despite his 2006 conviction for handling €750,000 worth of cocaine and heroin at Dublin Port and €1.7 million of drugs being found in his yard while he was out on bail in 2005.

Charges in relation to the second discovery were controversially dropped last summer, and the Dáil was told it was because Boylan was a Garda informant.

Boylan had previous convictions from Britain for stealing a car and handling drugs. They were two separate offences.

The entire handling of Boylan by gardaí is the subject of a Garda Ombudsman inquiry.

However, for the past year and up until September 10 — when new regulations kick in — Boylan has enjoyed the right to run his haulage business from Dunleer, Co Louth.

Mr Dempsey’s report, conducted by John Farrelly, found this should never have been allowed to happen, and if regulations had been properly applied Boylan would not have had his licence renewed.

The report said decisions taken by officials were taken in good faith, but were badly misinformed.

It said Boylan’s application for a licence in April 2008, eventually awarded in September 2008, could have been rejected.

And a “more in-depth analysis” of Boylan’s record would have justified the revocation of his 2003 licence at an earlier stage.

However, the report said officials relied on anecdotal evidence that district courts and the High Court were overturning decisions to reject licences for convicted criminals.

And they took guidance from an “apparent non-existence of any history of cases” being refused because an applicant had a poor reputation.

The report said the mistaken impression of the courts’ attitude was based on discussions with gardaí and bureaucratic tradition passed from official to official.

“A view has been taken over the years and passed on to new blocks of officials that the courts will not in general support the refusal of licences.

“Quite clearly, there is a need for new and stronger guidelines for officials dealing with these cases,” it said.

Mr Farrelly’s report said the courts did not act in such an off-hand manner even if people had the right to earn a living.

“The courts will clearly recognise the constitutional right of the person to earn a livelihood, this was a factor with officials in deciding cases, but one must equally, in taking decisions, balance this against the issue of common good,” he said.

He said there was no need to rely on relevant convictions to deny a licence once the minister or deciding officer were satisfied the applicant did not have a good reputation.

It recommended a complete review of the governing legislation.

And the report said the system for processing applications was not up to scratch.

“The existing computer system is totally out of date and inadequate for purpose,” he said.

Mr Farrelly said the gardaí should be allowed to supply additional soft information on charges which have not led to a conviction.

The gardaí and the transport minister should set out clearly defined rules for assessing applications, it said.

Mr Farrelly confirmed reports in this newspaper that in Boylan’s case gardaí had failed to supply the correct information on his convictions, despite specific requests from licensing officials.

In 2006 correspondence with Garda headquarters, officials had to press for information on Boylan’s track record although details had already been supplied by a member of the public.

And on June 11, 2008, gardaí “misreported” Boylan’s past.

The gardaí later said Boylan had only one conviction in the previous five years (the €750,000 haul in Dublin Port) and this did not relate to his haulage business. Correspondence continued, but no information was passed on in relation to the €1.7m haul charges, which were dropped in July 2008.

And weeks before his licence was granted, the department’s HQ wrote to the Assistant Commissioner asking for confirmation of Boylan’s good reputation and other possible charges.

After a telephone conversation the licence was granted.

Mr Farrelly said all such details should be transmitted in writing.

Last month, the Garda Ombudsman’s office indicated it believed the department had ample information to revoke Boylan’s licence.

However, the Farrelly report said once it was given it could not be revoked. It needed a non-discriminatory and universal action against all hauliers with convictions.