Ban ‘bent’ gardaí from cancelling penalty points

"Bent" gardaí should be banned from cancelling penalty points — even when there are legitimate reasons — because the long-running fiasco over the system means they cannot be trusted.

Independent TD Shane Ross made the claim during the Dáil public accounts committee’s latest meeting, insisting recent “abuse” shows some members of the force have repeatedly flouted the law.

Mr Ross’s comments came as the cross-party group debated its draft report on the penalty points scandal, which has been seen by the Irish Examiner and is due to be published next week.

The document is highly critical of ex-garda commissioner Martin Callinan’s handling of the affair, who it says placed the force’s reputation over ensuring transparency in the system.

The report also states whistleblower garda Maurice McCabe’s dossier of complaints failed to be properly acted on, and notes the wiping of penalty points is costing the taxpayer €6m in lost revenue every year.

In addition, the document — which is based on a series of PAC meetings on the subject earlier this year — states the initial internal garda report by assistant commissioner John O’Mahoney was “soft” on officials and effectively tried to whitewash the problem away.

As a result, the document will call for the departments of Justice and Transport to take control of reforms and report back to the PAC on whether called-for improvements have been made by the end of next year.

PAC chair John McGuinness told the committee the moves mean “the day of secret reports” on the issue is “over”.

However, suggesting that the problem at the root of the issue is being “glossed over”, Mr Ross said further action may be needed — including potentially preventing gardaí from wiping penalty points on a discretionary basis, even if there is a genuine reason that can be backed up by hard evidence.

“We should ask the really radical question; should the gardaí get discretion? If so many of them are abusing it, why should they have it,” the Independent TD said.

“I understand the reasons why it’s there, but the whole problem that we’re addressing here is a problem of discretion and its a problem of abuse of discretion.

“If you’ve got a bent garda you know, the abuse of their rights means that they are indulging in utterly unacceptable and probably illegal activity. If they’re doing it in one place, the same gardaí are liable do be doing it at the initial stages.

“We’ve got to face these issues and not say ‘look, that’s outside our remit we don’t touch it, let’s bury it’. Let’s bring it up front.”

During the same debate PAC member and Fine Gael TD Eoghan Murphy said that, despite the clear problems with the penalty points system, “we have to accept gardaí should be able to use their own judgement and exercise common sense”.