Penalty points probe delayed by lack of investigators

The long-awaited GSOC probe into penalty points abuses has hit a further delay because nobody can be found to carry out the investigation.

An EU-wide search is under way for private investigators to do the job after advertising in Ireland failed to find suitable candidates.

It is two years since then justice minister Alan Shatter formally directed the Garda Siochana Ombudsman Commission to take on the investigation.

The move was sparked by revelations by Garda whistleblowers Maurice McCabe and John Wilson that gardaí routinely cancelled fixed-charge notices for certain people to keep penalty points off their licences.

So far the controversy has been probed by Garda Headquarters, the Comptroller and Auditor General, the Public Accounts Committee, the Garda Inspectorate, and Government-appointed barrister Sean Guerin, but a GSOC investigation is the one with potential for disciplinary or criminal action.

GSOC carried out substantial background work itself but warned early on it did not have the resources for detailed investigation of cases involving allegations of criminal offences and/or disciplinary breaches.

In September 2014, Justice Minister Frances Fitzgerald allocated €1m to GSOC to help get the investigation moving but attempts to recruit private investigators to take on the job last summer came to nothing.

A fresh tender was issued by the Office of Government Procurement on GSOC’s behalf in recent days, repeating last summer’s specifications, but extending the search across the European Union.

GSOC would not comment on last summer’s tender process except to say: “No responses met the qualification criteria”.

GSOC is now seeking a contractor to provide a team of up to 10 investigators full-time for up to a year.

Former gardaí are excluded from applying, as is any civilian who has worked for the force, but it is understood GSOC did not anticipate this restriction would unduly limit the pool of potential candidates as investigators also work for law and insurance firms and regulatory and standards bodies.

Initially, the team’s work will involve travelling around the country collecting Garda records and interviewing motorists and members of the force.

At the conclusion they will report if criminal offences have been committed, prepare prosecution papers and take part in court proceedings. If they conclude there has been misconduct requiring disciplinary proceedings, they will have to be available to participate in any consequent hearings.

Applications for the new tender must be received by March 8.

GSOC would not comment on whether there was a Plan B in the event the fresh search fails to bear fruit.