‘Cabinet trying to clip wings of PAC’
The claim was made by Independent TD Shane Ross following an intervention by Alan Shatter, the justice minister, just days before a Garda whistleblower was due to appear before the committee.
The committee will meet this evening to decide how to proceed and disagreement is expected to emerge between government and opposition TDs on the issue.
Mr Shatter issued a statement last night announcing that the penalty points controversy would be referred to the Garda Ombudsman Commission (GSOC).
“The reality is that there are legal and practical constraints on the ability of the PAC to determine the veracity of claims made in relation to individual penalty point cases,” he said.
He warned that the PAC could be used as a “platform for persons to make a series of unsubstantiated assertions” on which it cannot reach a reliable conclusion and which could damage the force.
The minister said he was aware of concerns that the report by Garda Assistant Commissioner John O’Mahony on the issue was not independent. However, he said no new substantive evidence has come to light.
“Instead, the original assertions are merely repeated and further cases are brought to attention in circumstances where the persons making the allegations could not have full knowledge of the facts.”
While supportive of the move, opposition TDs accused Mr Shatter of dragging his feet on the matter.
Sinn Féin noted that while it had taken Mr Shatter 14 months to refer penalty point concerns to the ombudsman, it had only taken him a few days to order an investigation into the whistleblower.
Fianna Fáil justice spokesman Niall Collins said the move was needed due to remarks from some members of the PAC.
“It is crucial that the issues brought to the PAC’s attention are fully investigated. However, comments made by certain committee members betrayed a lack of understanding of the issues and of the role of the gardaí.
“To that end, I called last week for an enhanced role for the Garda Ombudsman Commission in this investigation and in future similar investigations.
“I very much welcome the fact that Minister Shatter is pursuing this route.”
Sinn Féin justice spokesman Pádraig Mac Lochlainn backed Mr Shatter’s move but questioned why it had taken him so long.
“There has been a cry for an independent inquiry for well over a year. The Oireachtas petitions committee, which I chair, asked for this issue to be referred to the Garda Ombudsman Commission last year and I have called for this on countless occasions in the Dáil.
“It is plainly obvious that this issue needed an independent investigation.
Garda Commissioner Martin Callinan welcomed the independent inquiry. He said it was “critical” that the penalty point system “retains the support of the public so that it continues to play an important role in improving road safety”.



