Top garda had written report into penalty points system failings in 2007

The penalty points fiasco could have been tackled years ago if a previous report into the system’s shortcomings had not been shelved, it was claimed yesterday.

A day after a Garda inspectorate report delivered a damning indictment of the points system and how it has been administered, a former head of the Garda Traffic Bureau said he had uncovered similar faults in the system when he conducted a report for the Garda Síochána Ombudsman Commission (GSOC).

Speaking on Today with Sean O’Rourke on RTÉ yesterday, former Garda Chief Supt John O’Brien said that report had been conducted back in 2007 but had been “shelved” — something which he said “is not to anyone’s credit”.

“The first thing I want to say about that report is that it was totally shelved. It was never discussed, it was never debated.”

Mr O’Brien said his report found that, while a “very good IT system” was in place, the overall system was still not dealing with the worst offenders because of administrative issues, particularly regarding the courts being overwhelmed with the volume of cases.

He said the “key issue” was that the worst offenders who were most in need of being dealt with by the system, could simply avoid penalties by ignoring the system.

“In my recommendations and GSOC’s recommendations, we made some very pertinent recommendations that would have allowed the system, which was operating well at a technical level, but which was losing significant offenders, to be rectified there and then,” he said.

Once completed the report was passed to the Department of Justice.

“It was never published, it was never debated, I don’t believe GSOC got a single comment on the report — I certainly didn’t,” he said.

“It was simply shelved.”

Mr O’Brien said that “a lot of good stuff has been done” on improving road safety in the past 15 years and that he had been asked to carry out the report on the authority of the then Minister for Justice, at a time when he was working as a consultant with GSOC following his retirement from the force.

He said all the key stakeholders at the time involved in the system were interviewed, including the Road Safety Authority, gardaí and the President of the District Court, and that “the systemic failings that have emerged today were itemised and found”.

“It sounds a little like sour grapes to say nothing was done,” he said, adding that the non-publication of the report was “a serious omission”.

Referring to this week’s report he said it was “surprising” and “not good listening”, but while he welcomed the analysis of the issues he said he took issue with some of the recommendations, among them that a new umbrella group comprising the RSA, the courts and the Department of Justice oversee an overhaul of the system, which he said was “unworkable”.