Noirn O'Sullivan announces

major restructuring of some

garda sections but she's not
going anywhere
We are going to identify things that are wrong, things that are broken.
March 27, 17

GARDA COMMISSIONER NIRN OSullivan has

announced a radical restructuring of parts of An Garda
Sochana in the wake of the breath test and fixed charge
notice scandals.
Speaking at a press conference at Garda Headquarters in the
Phoenix Park this afternoon, OSullivan said that the
policing of roads and divisional management will undergo
major changes.
It followed the baffling discovery last week that almost one
million random breath tests that never happened were
recorded on internal garda systems over the last five years.
Separately, almost 150,000 summonses to court were
wrongly issued to drivers over the past ten years.
At todays press conference, OSullivan noted the disquiet
around the two problems, saying that they were potentially
major ethical issues. It gives us no comfort to say that weve
identified these issues, she told reporters. What is very
important is what have we done about it.
When asked whether she would resign over the motion of
no-confidence in her leadership which is due to take place in
the Dil next week, OSullivan would not say yes or no but
indicated that she would not step down, repeatedly saying
that she was committed to implementing reform in An
Garda Sochana.

I have a journey of work that I have to do and I have to

make sure that I see out that commitment, she said. We
have to keep the lights on while were rewiring the house.
She repeatedly stressed that she was putting corrective
action in place to stop these things from happening again.
The focus now, she said, is on who, where and what
exactly caused the two issues.
She assured the public that if we identify any individual or
any group of individuals it will be addressed, repeatedly
describing what is happening in the garda as a matter of
real cultural reform.
We are going to identify things that are wrong, things that
are broken.
We are absolutely committed and determined to address
the issues.
http://www.thejournal.ie/noirin-o-sullivan-garda-press-conference-3309367-
Mar2017/?utm_source=facebook_short


















'It is inevitable we will identify

more examples of bad
practice': Garda Commissioner
Enda Kenny earlier reiterated his confidence in Garda Commissioner
Nirn OSullivan.
March 27, 17

GARDA COMMISSIONER NIRN OSullivan has issued a

statement relating to the recent revelations of non-existent
breath tests recorded by An Garda Sochana.
This week senior garda revealed the baffling discovery that
almost one million roadside breath tests that never
happened had been recorded on internal garda systems over
the last five years.
It was also revealed that 146,856 summonses to court were
wrongly issued to drivers over the past 10 years.
OSullivan said that they were looking at a problem which
goes back more than a decade, and confirmed that new
processes and systems would be put in place to ensure that
such discrepancies never happen again.
It wasnt just about a systemic issue, she said, it was about
ethics, supervision, measurement and, most of all, its
about trust.
She added that, as An Garda Sochana embarks on a
journey of radical reform, it is inevitable that we will
identify more examples of bad practice.
This information, no matter how negative it is, will be fully
disclosed to the public, OSullivan said.
Independent validation
In her statement, OSullivan indicated that she had written
to the Policing Authority seeking further review of the
breath test discrepancies.
She said that she asked the Authority to consider requesting
the Garda Inspectorate to: examine the processes and
methodology utilised to identify the nature and extent of the
problems; review the control measures put in place designed
to address the issues; examine if the current processes
regarding roadside breath testing are in line with best
practice.
The Policing Authority is an independent body that provides
oversight to the provision of policing services in Ireland.
The Garda Inspectorate, meanwhile, is an independent
statutory body with the brief to ensure the resources
available to An Garda Sochana are used to achieve and
maintain the highest levels of efficiency and effectiveness in
its operation and administration.
In addition, OSullivan said she has directed Assistant
Commissioner Michael OSullivan and a team to undertake a
further detailed analysis of the remedial work done to date
on the matter and provide a report to the Policing Authority
within a month.
We have taken corrective action, the commissioner said.
We are asking that the corrective action be externally
validated. That will reassure the public.
However, it is important to state at this point that when an
organisation like An Garda Sochna is on a journey of
radical reform, as it is under my Commissionership, it is
inevitable that we will identify more examples of bad
practice.
In addition to correcting these issues, we must share that
information, no matter how negative it is, not just with the
Authority, but also with the public. Only through that
openness can we sustain public trust.

A matter of grave disappointment

OSullivan acknowledged that what theyve found regarding
the incorrect reporting of breath tests is totally
unacceptable.
Garda management were of the opinion that this wasnt a
situation of occasional systems failure but a matter of
individual and collective ethical behaviour.
She said: It is a matter of grave disappointment that this
has apparently been happening for so long, unchallenged.
Every single member of the organisation must recognise
that their individual actions, in all areas of policing, reflects
on the organisation as a whole and impacts on the trust
between ourselves and the communities we serve.
She indicated that every measure would be taken to correct
the problems and make sure they do not re-occur.
A help line will be set up for drivers affected by the incorrect
court summonses by Monday 3 April, and a detailed report
on the problems, when they were identified and what action
would be taken is being provided to the Tnaiste and
Policing Authority.
Political pressure
Taoiseach Enda Kenny said that recent revelations over
garda breath tests and wrongful court summonses were not
acceptable, and that he hopes that Garda Commissioner
Nirn OSullivan is very clear with her next statement on
the matter.
Speaking at an EU summit in Rome today, Kenny said: I
would like the commissioner to be very clear in her
statement that she makes later this evening. Its not
acceptable, RT News reported.
Ive already expressed confidence in the Garda
Commissioner a number of times. I would like to see her
statement this afternoon. I continue to have confidence in
her.
He added that it was not for the government to interfere in
the running of the garda, as it was an internal matter.
In an interview with RT News yesterday, Tnaiste and
Minister for Justice Frances Fitzgerald called the scale of the
error appalling and staggering.
The public will be concerned about the discrepancy in
relation to the million figure, which means effectively that it
was across the whole system.
So it does raise issues around supervision and
accountability in relation to this issue.
Although Fitzgerald said that she had made her concerns
clear to OSullivan, she also retained confidence in the
commissioner to fulfil her role.
Speaking to Claire Byrne on RT Radio 1 earlier this
afternoon, Social Protection Minister Leo Varadkar said the
latest revelations from the garda were appalling.
Asked whether he continued to have confidence in the
Commissioner, he said that he did, and said he was keen to
see the expected statement.
http://www.thejournal.ie/garda-revelations-taoiseach-3306474-Mar2017/
Garda errors led to thousands
of drivers being wrongly
convicted
Some 147,000 summonses were issued to people who had never been
given an opportunity to pay their fine.
March 27, 17

A GARDA ERROR led to almost 15,000 people having a

penalty imposed on them by the courts when they should
never have been summonsed in the firstplace.
Today, as garda management revealed officers had recorded
almost one million more breath tests than they actually
carried out, they also disclosed that some 146,856
summonses were wrongly issued to drivers. In 14,700 cases,
a penalty was imposed and garda are now working to have
these convictions quashed in the courts.
The issue was first brought to light in April last year when a
driver was summonsed to court for no NCT certificate. It
transpired this man had already paid a fixed notice charge
and An Garda Sochna launched a review to establish how
it happened.
Since December 2014, no summons should be issued for
failure to have an NCT certificate unless the driver has first
been issued with a fixed notice charge and then failed to pay
the charge.
An initial examination of all fixed charge offences indicated
that in 1,130 cases, a notice had been issued and paid but the
person was still summonsed.
However, a further analysis of the fixed charge penalty
system between January 2006 and May 2016 revealed there
were 146, 686 people between January 2006 and May
2016 brought before the court without having ever received
a notice and therefore an opportunity to pay the fine.
These offences included:
Non display of tax disc (use): 68, 664
Non display of insurance disc (10 days after date of
authentication of the certificate): 42,462
Use vehicle without NCT: 4,511
Learner driver failing to display L plates on a vehicle:
1,000
Non display of insurance disc owner: 6,782
Driving without reasonable consideration: 5,939
Failing to stop for garda: 3,658
Driving past a red traffic light: 1,903
Holding a mobile phone while driving: 1,217
Other offences: Speeding, lighting, bus lanes, parking
offence: 10, 729
An estimated 96% of cases relate to people who had multiple
offences before the court. The remaining 4% around 5,860
people were summonsed to court solely for that one
offence.
Around 10% of the total, or 14,700, had penalties imposed
on them in the courts.
Assistant Commissioner Michael Finn today told reporters
that An Garda Sochna is now appealing those outcomes in
the circuit court.
This was an error on our behalf in how we processed these
cases. We have identified it and we have put an IT upgrade
in place to ensure its not repeated again, he said.
I apologise to all those people we brought before the court
who should have been given an opportunity to pay a fixed
charge notice. Its our mistake and we will rectify it.
An IT system that prevents summonses being created in
these circumstances has now been rolled out to prevent this
from happening again.
He said garda will be writing to each of the people affected
to explain what happened and how they propose to rectify
the situation. Any fines imposed will be reimbursed and any
records involved will be corrected.
When asked whether there had been consequences for these
drivers in relation to insurance costs, penalty points or other
financial costs: That is a possibility in some of the cases.
He said it was also a possibility that these people could take
legal action against the State.

Here's what we know so far

about the garda breath test
scandal
Almost one million tests that were never actually carried out were
recorded on the system.
March 27, 17

THIS WEEK SENIOR garda revealed a baffling discovery

that almost one million roadside breath tests that never
happened had been recorded on their system over the last
five years.
At a press briefing in Dublin, Assistant Commissioner
Michael Finn held his hands up and told reporters: The
numbers dont add up thats a fact.
An internal investigation has begun to determine how this
happened, but heres what we know so far:
How did garda management discover this error?
Assistant Commissioner Finn on Thursday said a review was
conducted into breath tests at traffic collisions and as a
result of that another review took place in the southern
region in 2015.
Discrepancies were discovered during that process and a
nationwide audit was launched in early 2016.
Finn did not disclose what prompted these reviews, but The
Irish Times revealed earlier this year that the audit began
after the Medical Bureau of Road Safety (MBRS) noticed a
discrepancy in the number of disposable mouth pieces being
ordered compared to the number of tests recorded on Pulse.
How bad is it?
The MBRS, which calibrates the garda breath test devices
and so has access to the data, shared its figures with An
Garda Sochna for comparison.
On the Pulse system, the number of recorded tests between
October 2011 and December 2016 was 1,996,365.
The Medical Bureau of Road Safetys figure was 1,058,157
for that same period.
What explanation did garda management provide?
Finn told reporters that there is no one single reason that
may account for this discrepancy.
Before the beginning of last year, a garda would leave the
station to conduct a checkpoint and return that day or the
following day to update the Pulse system. They would then
input the number of people they checked.
At the time, no one was required to record the specific
device used or the start and end numbers on the
breathalyser (which would indicate how many tests had
been carried out).
That is one of the reasons that account for it, Finn
explained.
As time went on the importance of recording that data was
lost to us, or we didnt appreciate it. People werent doing
that, they werent updating that database at the particular
time.
Asked whether garda had been making up figures, Assistant
Commissioner Michael Finn said: I dont know. Certainly
they werent recording them correctly.
Whos to blame?
At Thursdays briefing, Finn was asked whether it will be
possible to pinpoint which garda were responsible for these
errors.
The short answer is no, he replied.
Youre talking about devices that were shared between
multiple users, say it was in a patrol car, who had access to
it. We dont have the paper records going back to 2011 to say
who did what checkpoint and if we did we didnt even record
the device number on those records going back then.
Essentially, the lax system that allowed for almost a million
phantom tests to be counted is also likely to prevent
management from identifying who logged the tests.
Could someone who was convicted of a drink-
driving charge get off scot-free because of this?
One of the first comments Finn made in relation to this
revelation was that no prosecutions or court outcomes
would be impacted by this.
However, a person who was convicted could technically
attempt to use this in an appeal. It is unlikely to be
successful, as the roadside test would not be used as
evidence in a case.
A subsequent test to provide a specific blood-alcohol level
reading is always conducted after a failure in a roadside test.
This is the evidence that would have to be disputed in an
appeal.
This was happening for (at least) five years why
are we only hearing about it now?
Thats exactly what the Policing Authority wanted to know
after the Irish Times story. It had not even been informed
that a review was taking place or that discrepancies of any
kind had been discovered.
Finn did not respond to suggestions that the information
was only put into the public domain this week because it had
already broken in the media. He said he had himself briefed
the Policing Authority this week about the error.
In a statement this week, the authority referenced its
disappointment at not being advised at the time that an
audit was underway.
The authority said that the situation also raises widespread
concern about the way garda go about their daily work and
about management and supervision. The scale of the
discrepancy is further evidence of deep cultural problems
within the service, it added.
What is An Garda Sochna doing about it now?
In 2016, a new system was introduced which required garda
who conducted checkpoints to fill out a paper form with the
data from each device, including their name, the device
number and the reading from it.
In November last year, a new specific data-recording IT
upgrade was also installed on the Pulse system. On this
system officers have to record the serial number of the
device used plus the meter reading before and after the
checkpoint was concluded.
The data since then has been compared to MBRS data and
Finn said he believes it is accurate. However garda are
removing breath test data from their website and will not be
publishing further data on checkpoints until they are certain
they can stand over them.
New devices are currently being sourced for the
organisation, which will record GPS location and the start
and end readings for each checkpoint.
And an internal investigation has been launched, led by
Superintendent Pat Murray, to try to determine how this
happened and who may have been responsible.
However, as already stated, due to the lack of detailed
information on the Pulse system for that five-year period, it
is unlikely that there will be consequences for anyone who
logged a test that did not actually happen.
http://www.thejournal.ie/breath-test-3304187-Mar2017/

Poll: Do you have confidence
in the Garda Commissioner?
Sinn Fin will today publish a motion of no confidence in the Nirn
OSullivan.
March 27, 17

AN GARDA SOCHNA is at the centre of another

controversy.
It was revealed last week that garda had miscounted the
number of breath tests they carried out over the past five
years by almost one million.
It was also revealed that almost 15,000 people were wrongly
convicted and had penalties imposed on them by the courts.

Fianna Fil leader Michel Martin said yesterday that Garda

Commissioner Nirn OSullivan should reconsider her
position if clarity isnt given on how these errors occurred.
Meanwhile, Sinn Fin will today publish a motion of no
confidence in OSullivan in the wake of the new figures.
OSullivan has also come under pressure recently in relation
to the scandal surrounding Garda whistleblower Maurice
McCabe and Tusla.
So, what do you think?
Today were asking: Do you have confidence in the
Garda Commissioner?

Poll Results:

http://www.thejournal.ie/poll-gardai-3308501-Mar2017/
Garda recorded almost one
million more breath tests than
they actually carried out
Garda said there was no single reason that would account for why they
got the figures so wrong.
March 27, 17

AN GARDA SOCHNA dramatically miscounted the

number of breath tests carried out by garda over the past
five years, overestimating the actual figure by almost one
million.
At a press conference today, garda said that they had
discovered a significant discrepancy in the number of
breath tests that garda actually carried out between October
2011 and December 2016.
The Pulse system says that 1,996,365 breath tests were
carried out across Ireland during the five year period.
However the Medical Bureau of Road Safety Data found the
figure was actually 1,058,157.
A review of breath test data in the southern region in 2015
revealed discrepancies in garda data and a full review was
then launched last year.
When a garda takes a breath test, they record the
information on a paper form and then input this data into
the Pulse system. The 2016 review identified significant
gaps in the manually recorded breath test data.
Using data provided by the MCRS, it was confirmed that
there was a deficit between the Pulse information and the
number of breath tests recorded on the devices.
New recording system
Asked whether garda had been making up figures, Assistant
Commissioner Michael Finn said: I dont know. Certainly
they werent recording them correctly.
He said there was no one single reason that may account for
this discrepancy.

In November last year, a new specific data recording IT

upgrade was installed on the Pulse system which required
officers to record the serial number of the device used plus
the meter reading before and after the checkpoint was
concluded something they did not have to do before this.
The data since then is accurate, according to Finn, who said
it had also been compared to MBRS data. However, garda
are now taking down the breath test data that is currently
published on their website.
Deep cultural problems
In a statement, the Policing Authority said that while it is
encouraging that information is being put in the public
domain, the authority is alarmed at the scale of the
discrepancies.
This is not just an academic statistical matter, it is an ethical
one. It raises serious questions of integrity for the Garda
Sochna organisation and combined with previous issues
regarding inflated activity levels, erodes confidence in the
credibility of Garda data generally.
The authority said it raises widespread concern about the
way garda go about their daily work and about management
and supervision. The scale of the discrepancy is further
evidence of deep cultural problems within the service, it
added.
I cant just blame rank and file garda, we all have a
responsibility to share here, Finn told reporters.
A fact-finding investigation has been established, led by
Superintendent Pat Murray who is based in Athlone.
However, Finn said garda only began keeping paper-based
records with device details and information about who
conducted a checkpoint last year.
The investigation is an internal one, and the results may not
be made public.
http://www.thejournal.ie/gardai-figures-breath-tests-3302553-Mar2017/

To: The Minister for Justice

Garda Reform
Now
Campaign created by
Cormac Breatnach
1,455 of 2,000 signatures
Sign the petition

Garda Chief Nirn O'Sullivan needs to stand

down. She must not prejudice the government
Inquiry into the allegations of a smear campaign
led by Garda management against
whistleblowers. She must also be held to account
for the many allegations of wrongdoing and
corruption within the Guards.
Why is this important?
Stepping aside in light of the serious allegations of wrongdoing
and interference with the administration of justice is important for
our democracy and is in the interest of good policing. Those in
positions of management and leadership in the Garda, the
criminal justice system and the government need to absorb this
request.
https://my.uplift.ie/petitions/protect-garda-whistle-
blowers?bucket&source=facebook-share-button&time=1490630211
When asked whether she would resign over the motion of no-
confidence in her leadership which is due to take place in the Dil
next week, OSullivan would not say yes or no but indicated that
she would not step down, repeatedly saying that she was
committed to implementing reform in An Garda Sochana.

Noirn O'Sullivan says she is not going anywhere

We are going to identify things that are wrong, things that are broken.
THEJOURNAL.IE
Irelands TV license is a illegal , EU Breached Articles 82 and 86 of the EC
treaty under Financial Monopoly to Benefit RTE pdf doc
Garda Commissioner Nirn O'Sullivan has seen off the
immediate challenge to her position, with Fianna Fil now
turning its fire on Tnaiste Frances Fitzgerald.
The Garda chief bought herself some breathing space by
convincing the main Opposition party that she
"understands the gravity" of the crisis facing the force.
However, Fianna Fil remains "unsatisfied" by the lack of
any explanation for how almost one million breath tests
were falsely recorded by garda.
Ms O'Sullivan has announced a three-month review "to get
to the bottom of where this problem is" but repeatedly
refused to speculate on the likelihood there was widescale
forgery of statistics.

<img src="//cdn-
03.independent.ie/incoming/article35570988.ece/857d1/AUTOCROP/w6
20/ii%20commiss%204%20INT_ED5_S01%20Read-Only.jpg"
alt="Commissioner Noirin O'Sullivan Picture: Mark Condren"
title="Commissioner Noirin O'Sullivan Picture: Mark Condren"
width="620" height="414" />
2
2
Commissioner Noirin O'Sullivan Picture: Mark Condren
It has now emerged that problems with Mandatory
Alcohol Tests (MATs) first came to light in April 2014
when an anonymous whistleblower wrote to the then-
chairman of the Road Safety Authority (RSA) Gay Byrne
highlighting issues in the Western Region.
The former 'Late Late Show' host forwarded the
allegations about lack of enforcement to then Transport
Minister Leo Varadkar, who in turn alerted Ms O'Sullivan.

Taoiseach reiterates confidence in Garda

Commissioner
On foot of the allegations, a probe was carried out but
garda were unable to identify the author of the letter and
as a result it was "not possible to progress the matter".
However, in July 2015, a working group was established to
conduct an audit of breath tests in the Southern Region
between 2009 and 2014. It identified a discrepancy of 17pc
between the number of breath-tests recorded on the
PULSE system and the number of tests recorded on the
testing devices.
Significant
Ms O'Sullivan insisted yesterday it wasn't until earlier this
month that it became clear this was "a countrywide
problem" on a "very significant" scale.
Fianna Fil's Jim O'Callaghan told the Irish Independent:
"Garda should be able to provide some explanation. There
must be a dominant reason or a couple of dominant
reasons."
Read More: Fianna Fil's attack on commissioner
looks good - but party won't force her out
This is likely to be a key point put to Tnaiste Frances
Fitzgerald today after Mr O'Callaghan wrote to the Ceann
Comhairle of the Dil seeking time to be set aside for
special questions.
Ms Fitzgerald met with the Garda Commissioner for two
hours yesterday to discuss the breath-test scandal and the
separate revelation that 14,700 cases relating to motoring
offences were brought to court by mistake. She also had a
one-hour meeting with the Policing Authority.
Mr O'Callaghan said his party remained unable to express
confidence in Ms O'Sullivan, adding: "We are satisfied that
senior management are now treating this with the gravity
it deserves but we still do not have an explanation."
However, he suggested that an explanation could now
come from Ms Fitzgerald.
"All the political pressure has been put on the
Commissioner but it's time for the Tnaiste to stand up.
She has obligations to the Dil," Mr O'Callaghan said.
Ms Fitzgerald issued a statement on the controversy last
Friday in which she expressed "very serious concerns".
However, Fianna Fil described her silence in the interim
as "deafening".
The Tnaiste will brief the Cabinet on the situation today,
having privately convinced her colleagues to stand by the
Commissioner over recent days.
The Independent Alliance will also meet to discuss its
position but sources say there is "little appetite" to
destabilise the Government by forcing Ms O'Sullivan out.
At a press conference yesterday, Ms O'Sullivan said the
misreporting of tests dated back 10 years.
"Who, where and what exactly happened? As soon as we
identify what that is, who is responsible for this, where are
they responsible for it, the appropriate action will be
taken. At this point we're not in a position to say that," she
said.
Read More: O'Sullivan safe in short term - ironically
due to tribunal
"If we identify any individual or any group of individuals
or any place where there are issues that need to be
addressed, they will be addressed.
"That doesn't mean just pointing the finger at the guard on
the ground or the closest to the ground. That means
looking at individual responsibility, supervisory
responsibility, managerial responsibility and, most
importantly, looking at structural things in place that need
to be addressed."
Sinn Fin has tabled a Dil motion of no confidence in the
Commissioner for April 12. Asked whether she would
resign if a majority of TDs back the motion, Ms O'Sullivan
refused to give a straight answer.
"I have a journey of work that I have to do and I have to
make sure I see through that commitment," she said.
Despite its misgivings, Fianna Fil will not back the
motion denouncing the Garda chief.
She also announced a "radical restructuring" of roads
policing, adding: "This is a matter of real cultural reform."
Taoiseach Enda Kenny and ministers Leo Varadkar,
Richard Bruton and Simon Coveney have all publicly
backed the Commissioner.
Explainer: Everything you need to know
about the penalty points blunder
A staggering 14,700 were wrongly convicted of motoring
offences after they weren't given the opportunity to pay a
Fixed Charge Notice, it has emerged.
An Garda Sochana have released a lengthy statement
explaining how 14,700 people were wrongly convicted of
driving offences and what measures are being put in place
to help those affected.
Here's all you need to know about the controversy:
1. What is a Fixed Charge Notice?
A Fixed Charge Notice (FCN) is issued to a person who a
member of An Garda Siochana has reasonable grounds to
believe breached Section 103 of the Road Traffic Act 1961,
it can be delivered in person or by post. Over 10.5 million
FCN have been issued since 2006.
2. How did this all kick off?
In December 2014 failing to have an NCT became a FCN,
from then on no summons could be issued unless the
driver has been issued with a FCN and subsequently failed
to pay it. In February 2016 it emerged Garda Information
Services Centre became aware of an issue regarding
summonses for NCTs and ordered members to stop
issuing them for this specific offence.
Two months later, in April 2016, a person appeared before
court after being summonsed for not having an NCT
Certificate, it emerged that they had already paid a FCN.
As a result Gardai launched a preliminary review to
determine how this happened.
3. What did the initial probe discover?
The initial probe found 759 cases where a person had paid
a FCN for not having a valid NCT Cert and then been
summonsed to court.
4. So, what happened then?
The investigation was widened to include all fixed charges
offences and 1,130 cases were found where summonses
had been issued for offences where the person had already
paid the FCN. The Assistant Commissioner, Roads
Policing and Major Event/Emergency Management
decided to carry out an extended review to see if there
were any issues regarding the operation of the FCPs, it was
carried out in conjunction with Garda IT.
5. And...?
From an examination of 830,687 summonses, which were
issued between January 2006 and May 2016, they found
146,865 were brought before the court incorrectly - in
other words when the person was given a summons
without being given a chance to pay an FCN - 14,700 of
these cases resulted in a penalty being imposed.
 Read More: Breath test scandal: 'Further revelations'
may be down the line as Garda Commissioner vows
she won't step down
6. What were the main offences relating to the
summonses?
The main offences relating to the 146,865 summonses are
set out below:
Non Display Of TAX Disc (Use) - 68,664
Non Display Of Insurance Disc - 42,462
Use Vehicle without NCT - 4,511
Learner Driver Failing to Display L Plates on a vehicle -
1,000
Non Display Of Insurance Disc Owner - 6,782
Driving Without Reasonable Consideration - 5,932
Failing To Stop For Garda - 3,658
Driving Past A Red Traffic Light - 1,903
Holding a Mobile Phone While Driving - 1,217
Other offences: Speeding, Lighting, bus lanes, Parking
offence - 10,729
Read More: O'Sullivan remains defiant as support fades
7. What's happening now?
An Garda Siochana spoke to the DPP and the Court
Services about how to address incidents where a penalty
has been issued and these cases will be brought before the
Courts and requested that the convictions are set aside. An
Garda Siochana are also writing to all those affected to
explain what happened and outline how they plan to
rectify the situation. Any fines will be reimbursed and all
records will be corrected.
8. Any reason how this could have occurred?
Garda explained there are multiple reasons why the
situation occurred:
The measurement from the breath testing device wasn't
being read properly by Gardai before April last year,
there was also no correlation between roadside
breath tests returned entered on PULSE and the
paper based returns as part of the monthly device
test.
 Paper records for these monthly device tests were not
retained by An Garda Siochana.
Scheduled MAT Checkpoints were created on PULSE in
advance but the results of the checkpoint may not be
recorded until days afterwards, because of this
inadequate record keeping updating the MAT
Checkpoints was based on estimated rather than
factual returns.
Instructions issued in the 2011 Garda Professional
Standards Unit to include MAT Checkpoints weren't
fully implemented.
Based on data from last year less than half of MAT
Checkpoints are performed due to different reasons -
as a result each cancelled incident is now recorded on
each PULSE incident
9. Anything else?
A dedicated support service for those affected has been set
up for anyone who has any queries, to get in touch email
FCN.Helpline@garda.ie
Report of the Garda. Sochna Inspectorate. OCTOBER. 2014. CRIME ... In May
of 2014, after the release of the Guerin report, the newly appointed Minister
https://static.rasset.ie/documents/news/gsi-crime-investigation-full.pdf

White Paper on Crime Discussion

Document No. 4 'The Community and
the Criminal Justice System
http://www.justice.ie/en/JELR/White%20Paper%20on%20Crime%20Discussi
on%20Document%20No%204.pdf/Files/White%20Paper%20on%20Crime%2
0Discussion%20Document%20No%204.pdf

Consultation Paper
Controls on Realistic Imitation
Firearms

http://www.justice.ie/en/JELR/Consultation%20Paper%20on%20Controls%20
on%20Realistic%20Imitation%20Firearms.pdf/Files/Consultation%20Paper%2
0on%20Controls%20on%20Realistic%20Imitation%20Firearms.pdf
Garda Inspectorate, 2014, Crime Investigation Report
http://tbinternet.ohchr.org/Treaties/CEDAW/Shared%20Documents/IRL/INT_
CEDAW_NGO_IRL_26285_E.pdf
The Garda Inspectorate Report on Crime Investigation has identified inefficient
processes and poor management practices in An Garda Sochna and highlighted
"systemic failures" in recording practices on the garda PULSE system.
https://static.rasset.ie/documents/news/gsi-crime-investigation-full.pdf

The Garda Inspectorate Report on Crime Investigation has identified inefficient processes and poor
management practices in An Garda Sochna and highlighted "systemic failures" in recording practices
on the garda PULSE system.

It said a range of issues, from the recession to an administrative overload on Garda superintendents,
have led to the "perfect storm".

This has resulted in the force falling short in a number of ways

The report highlights serious systemic weaknesses in the force and identifies the absence of up to date
dispatch technology.

It also highlights deficiencies in practices, supervision and governance relating to the recordings,
classification and investigation of crimes.
It found that 8.5% of all crimes recorded on the PULSE system were reclassified over a 17-month
period from January 2011 to May 2012.

The Inspectorate report makes more than 200 recommendations for change to be implemented on a
short, medium and long-term basis.

Chief Inspector Robert K Olson said some of the recommendations have been made in previous
reports, but have not been fully implemented "and are, as a result, even more urgent today".

Some of the deficiencies in systems and practices include a lack of oversight of the decision making
process; inexperienced garda investigating serious crime; an inconsistent approach to updating victims
of crimes and a lack of IT and equipment to support the investigation of crime.

The report also notes areas of good practice including a new Community Policing Model, a range of
crime prevention initiatives and a new approach to integrated briefings.

However, the report noted that some of these elements of good practice are not consistent across the
force.

Among the key recommendations are the implementation of a new divisional model of delivering
policing services and the procurement of a Computer Aided Dispatch system to accurately record calls
for service.

In the interim the report recommends that action be taken to improve the use of the PULSE system.

It also recommends that a "Force Crime Registrar" be appointed who would have responsibility for the
accuracy and integrity of the recording of incidents and called for an examination of the whole process
of fingerprinting and managing of people held in custody.

Failures in PULSE system

The report found there are "systemic failures" in recording practices on the garda PULSE system.

The Inspectorate directly accessed the PULSE system and sampled 393 reclassified incidents.

It found 71% of crimes incorrectly reclassified with insufficient information to make a determination in
11% of the cases.

There was no recorded rationale to explain the reclassification in many cases.

In the majority of cases the initial classification was correct.

It found crimes of burglary and attempted burglary are not always recorded correctly and as a result
there is significant under-recording.

Minor assualt cases were sometimes incorrectly reclassified to Attention and Complaints as a result of
a reluctance of a victim to assist with a prosecution.

Most reclassifications of robbery went to a less serious crime type, such as theft person or theft

It identified regular incorrect classifications of burglaries as criminal damage, attempted burglaries as

criminal damage and minor assaults as non-crimes.

The report found that in particular crimes of burglary and attempted burglary are not always recorded
correctly and as a result there is significant under recording.
It also found that any member of An Garda Sochna can change a crime classification, without
approval or supervision.

It found that the greatest percentage of movement to a lesser crime took place in the categories of
burglary, robbery and assault.

The inspectorate examined 2,372 crimes reclassified between January 2011 and May 2012.

The report found PULSE entries lacked details related to crime scene investigations, suspects and
witnesses.

The Inspectorate has recommended an annual audit of incident and crime recording by an independent
body.

Pilot garda roster criticised

The report criticises the new pilot garda roster.

It says that it provides members at specific times and has members on duty at times when not required.

It finds the roster is negatively impacting on the availability of detective resources and a four day rest
period built into the roster is impacting on the continuity of crime investigations.

It also finds that the creation of a fifth unit has negatively impacted on the availability of numbers of
frontline staff and supervisors.

It also found that there is no individual performance management system in An Garda Sochna.

It says that while there are clearly many hardworking members, there is no way to objectively measure
performance and there is a perception that under-performance is not being adequately addressed.

The Inspectorate also said that while the technology to track the location of garda members on patrol
was available to the force, it was only used in north central Dublin.

It said there was limited evidence that resources were being deployed across different districts in the
same division, and "unhelpful demarcations" of the various situations dealt with by specialist or traffic
corps units.

The inspectorate found that garda units which did not respond to requests to attend calls were often
unchallenged by their supervisors.

It also noted that garda reserves were not being utilised, supervised, or directed.

It found that the introduction of the pilot roster had led to the disbandment of reduction in numbers of
some pro-active specialist units and administration units retained many garda that could be deployed
to operational duties.

Victims' experiences

In relation to victims' experiences following a crime, the Inspectorate said there were delays and
failures in garda getting statements of complaint, with criminal cases adjourned on numerous
occasions.

It said that arrests were not always made in domestic violence cases, unless a barring order had been in
place.
Some victims who contacted the Inspectorate reported good initial action, but less satisfactory follow-
up.

Many victims said they were not kept up-to-date with developments in their case and found it
extremely difficult to contact their investigating officer.

The Inspectorate said that crimes often take a long time to investigate, and victims don't have the
option of using email to communicate with garda.

It said there was no formal process in place to monitor the quality and service provided to victims, with
no policy in place to deal with those who are repeat victims of crime.

The report noted that good examples of victim contact were found in divisions that use community
gardai to visit victims.

Inconsistencies in crime investigation protocols

The Inspectorate found the absence of written protocol explaining what crimes are investigated by
individual garda units created inconsistency.

The report found examples of regular unit garda investigating serious crime such as rape, threats to
life, aggravated burglary and child sexual abuse.

The Inspectorate noted that in other policing jurisdictions these types of crimes are usually investigated
by trained detectives or officers assigned to specialist investigative units.

In more rural areas the Inspectorate found the investigation of serious crime might be determined by
who is available rather than who has the skills and experience to investigate a particular crime.

Victims' services offices to be established

The acting Garda Commissioner said that victims services offices will be established throughout
Ireland to deal with victims.
The report, which took three years to complete, also recommended new management structures in
garda divisions, with superintendents in particular districts being responsible for one specific aspect of
policing across the division.

It is the job of the Garda Inspectorate to examine the operation and administration of the force, and
report and give advice on best policing practice.

It began looking at how garda investigate crime in 2011 and its report runs to more than 500 pages.

Minister for Justice Frances Fitzgerald said the report raises serious concerns and represents a "highly
challenging analysis of Garda processes and systems."

She said the report also highlights serious systemic weaknesses.

The Inspectorate report found a police service in need of modernisation of its crime investigation
operational and support infrastructure.

Minister Fitzgerald said the report was a vital piece of work which was long overdue.

She said the Government is already implementing a comprehensive justice reform programme, which
includes the setting up of an independent Police Authority and strengthening the powers of the Garda
Ombudsman.

Acting Garda Commissioner Noirn O'Sullivan says she accepts the broad principles within the report.

She said a data quality team is being set up to examine the problems with the recording and
classification of crime.

Victims Services Offices are being established in the regions to deal with crime victims concerns,
while an offender management programme will impact repeat offenders

She said the men and women of An Garda Sochna are focused on providing a police service that the
people of Ireland can be proud of.

Minister for Public Expenditure and Reform Brendan Howlin earlier said the public could expect a
comprehensive document.

The minister said the report would contain "deep analysis and significant proposals", and would be a
"blueprint for more efficient deployment of garda resources".

The Garda Inspectorate Report on Crime Investigation has identified inefficient

processes and poor management practices in An Garda Sochna and highlighted
"systemic failures" in recording practices on the garda PULSE system.
https://static.rasset.ie/documents/news/gsi-crime-investigation-full.pdf








Cabinet agrees review of garda
controversies
Updated / Tuesday, 28 Mar 2017 14:31

A huge exaggeration in the number of breath tests conducted has brought

scrutiny on the force

The Cabinet has agreed to set up an external review of controversies in An Garda Sochna and an
independent assessment of all garda statistics.

Ministers have also agreed to examine garda structures.

Last week it emerged that more than 14,500 people who were prosecuted for road traffic offences are
to have their convictions quashed as a result of a controversy over fixed charge notices and the
exaggeration of garda breathalyser test figures.
It was revealed that from 2011 to 2016 the number of drink-driving tests garda claimed to have carried
out was hugely exaggerated, by over 937,000.

Meanwhile, the Fianna Fil front bench has said it is not in a position to express confidence in Garda
Commissioner Nirn O'Sullivan.

Speaking following a meeting of the front bench, the party's justice spokesperson said: "Earlier this
afternoon my colleagues and I met and discussed the ongoing crisis in An Garda Sochna.

"We are clear in our view that following the ongoing failure to explain the circumstances of the
massive discrepancies that have emerged within the force, or to assign responsibility for this, we are
unfortunately not in a position to express confidence in the garda commissioner.

"We continue to seek answers to the very serious questions that are outstanding and we will continue to
examine the various options open to us.

"We will also be pressing the Government to spell out the level of knowledge about these problems on
the part of the Tnaiste and Minister for Justice and to explain what immediate steps the minister and
the Government will now take to begin restoring confidence in the Garda

"Fianna Fil is also now examining options for legislative change aimed at improving the strength and
scope of the Policing Authority Act 2015."

Medical bureau road safety chief aware 'something wasn't adding

up'
Live: Political updates

Labour Party leader Brendan Howlin earlier said we cannot have confidence in data provided by
garda.

Speaking on RT's Today with Sean O'Rourke, he said there needed to be a fundamental change of
management at An Garda Sochna.

He said that the breath test controversy is a "monumental cock-up" and someone must be held
accountable.

If these matters were first raised in 2014, Ms O'Sullivan should have answers by now, he said.

The Labour Party is meeting today to discuss tabling a Dil motion on the garda controversies and
necessary reforms.
Mr Howlin said it is not just a question of the commissioner; he said he did not have confidence in
current management to bring through reforms.

He said he had an issue with the Sinn Fin motion to remove the commissioner as it covered the
Charleton Tribunal.

Mr Howlin also said he wanted to hear from Minister for Justice Frances Fitzgerald and the
Chairperson of the Policing Authority, Josephine Feehily.

'Brass neck' response by commissioner - Daly

Independents4Change TD Clare Daly has said the commissioner has shown an incredible "brass
neck" in her response to this latest controversy in the force.

Ms Daly said that it is incredible that Ms O'Sullivan would use words like "transparency" when she
knew the hierarchy "knew for some time" and kept the controversy from the Policing Authority and
perhaps even from the Minister for Justice.

She said fresh blood is needed and it is "beyond time" the Government asks the commissioner to go.

She described the controversy as the "latest saga in garda mismanagement" and as wholesale
indiscipline.

She queried where the sanction for all this indiscipline was and she said the public is paying the price
for the lack of reform in the policing system.

Ms Daly said the fraudulent accounting in the system "is another aspect similar to the penalty point
controversy" and the reforms that have been introduced were not strong enough.

"Those charged with implementing reform have shown themselves to be beyond reform".

Ms O'Sulliuvan has been invited to appear before the Oireachtas justice committee on Thursday.

Today is the first opportunity for both the Cabinet and the Dil to discuss the matter, which has led to
calls for Ms OSullivan to resign.

While the Fine Gael side of the coalition is still expressing confidence in the commissioner, its partner
in Government, the Independent Alliance, has yet to adopt a position.

The Tnaiste is briefing her ministerial colleagues on her meetings yesterday with Ms O'Sullivan and
Ms Feehily.
.@OCallaghanJim says Garda commiss
should consider her position but dail motion
could be an unlawful act
Fresh review of An Garda
Siochana to restore pride
to Garda uniform - Enda
Kenny
Dil hears calls for Noirin OSullivan to be
sacked

Kevin Doyle & Niall O'Connor

March 28 2017

A root and branch review of An Garda Siochana is to be

carried in order to restore pride to the uniform,
Taoiseach Enda Kenny has said.
Ministers have agreed to establish an independent study of
the force in a bid to overhaul culture problems that led to
one million phantom breath tests being recorded.
The Cabinet agreed to maintain its confidence in Garda
Commissioner Noirin OSullivan but wants an external
probe of the breath test controversy and a separate
scandal that saw 14,7000 wrongful convictions.
Its a matter of grave importance to our country that the
Government, the Oireachtas and members of the public
have faith and trust in members of An Garda Siochana to
carry out their jobs fairly and impartially, Mr Kenny told
the Dil.

<img src="//cdn-
03.independent.ie/incoming/article35449122.ece/21c98/AUTOCROP/w6
20/CC%20JIM%20O%20%20%202.jpg" alt="Fianna Fil justice
spokesman Jim OCallaghan. Photo: Gareth Chaney Collins"
title="Fianna Fil justice spokesman Jim OCallaghan. Photo: Gareth
Chaney Collins" width="620" height="440" />
2
2
Fianna Fil justice spokesman Jim OCallaghan. Photo: Gareth
Chaney Collins
He said it is absolutely essential that a process of reform
is implemented.
The Government will meet next week to devise a format
for the independent review of the force, but it is likely to
based on the Patten Commission which led to the
establishment of the PSNI.

Taoiseach reiterates confidence in Garda

Commissioner
Mr Kenny said he is very unhappy with the situation,
adding: We will find out the truth about the discrepancies
here.
Despite pressure from Fianna Fil, Sinn Fin and the
Labour Party the Taoiseach refused to criticise the
leadership of the Garda Commissioner.
This is not about an individual. This is about the structure
and all the men and women who serve in An Garda
Siochana, he said.
Fianna Fil leader Michel Martin said the public are
genuinely shocked by the revelations which undermine
the criminal justice system.
He demanded to know when Justice Minister Frances
Fitzgerald first learned of the discrepancies and what she
did about it.

Sinn Fins Mary Lou McDonald said malpractice in the

force was endemic.
She argued the Government should call time on the
rotten management culture.
You know that the Commissioner has to go. You know
that the fish rots from the head down, Ms McDonald said.
She said that only in Ireland would politicians be
standing up debating whether the Commissioner should
remain in her job.
This is not about Noirin OSullivan as a women. This is
about Noirin OSullivan as the Commissioner, the Sinn
Fin deputy leader said.
Labours Brendan Howlin described the Taoiseachs
answers as entirely inadequate.
Is it good enough that nobody takes accountability for
what we know that 14,700 of our citizens were wrongly
convicted? he asked.
Earlier today, Fianna Fils frontbench formally agreed
that it has no confidence in Garda Commissioner Nirn
OSullivan.
The party demanded further answers from Ms OSullivan
as it warned that the breath test controversy could bring
down the current administration.
At a meeting of Fianna Fils frontbench TDs in Leinster
House, there was blanket agreement that Ms OSullivan
does not the partys confidence.
But the party has now piled the pressure on Tnaiste and
Justice Minister Frances Fitzgerald in relation to her
knowledge of the 937,000 false breath tests being
recorded.
Fianna Fils Justice spokesperson Jim OCallaghan told
reporters that the controversy could have implications for
the Tnaiste.
Regrettably, I dont think weve been given the answers as
of yet, Mr OCallaghan said.
Read More: Breath test fiasco was first revealed in
whistleblower letter to Gay Byrne
And he indicated that the issue could place the future of
the Government in jeopardy, saying that the confidence
and supply agreement with Fine Gael clearly states that
there should be no surprises.
But Mr OCallaghan said his party can not remove the
Commissioner because this is a role solely for the
Government. He said there were strict statutory tests
that must be met for such a scenario to happen. He also
raised questions of the response to the controversy by the
Policing Authority.
I havent heard from them, he said.
There is only so much that opposition parties can do and
we feel we have been quite effective in holding the garda
to account in the way the Government should have been
doing so.
Mr OCallaghan, a Dublin Bay South TD, said Ms
OSullivan would likely not be Commissioner if Fianna Fil
were in power.
Ms OSullivan is due to appear in front of the Oireachtas
Justice Committee on Thursday where she will face further
questions. Last night, she said she has no intention of
stepping down.
Earlier, the Labour Party agreed its own Dil motion of no
confidence in the Commissioner.
Labour leader Brendan Howlin called for fundamental
change in garda management.
Sinn Fin and the Solidarity Party, formerly the AAA/PBP,
are also putting forward motions.
Explainer: Everything you need to know
about the penalty points blunder
A staggering 14,700 were wrongly convicted of motoring
offences after they weren't given the opportunity to pay a
Fixed Charge Notice, it has emerged.
An Garda Sochana have released a lengthy statement
explaining how 14,700 people were wrongly convicted of
driving offences and what measures are being put in place
to help those affected.
Here's all you need to know about the controversy:
1. What is a Fixed Charge Notice?
A Fixed Charge Notice (FCN) is issued to a person who a
member of An Garda Siochana has reasonable grounds to
believe breached Section 103 of the Road Traffic Act 1961,
it can be delivered in person or by post. Over 10.5 million
FCN have been issued since 2006.
2. How did this all kick off?
In December 2014 failing to have an NCT became a FCN,
from then on no summons could be issued unless the
driver has been issued with a FCN and subsequently failed
to pay it. In February 2016 it emerged Garda Information
Services Centre became aware of an issue regarding
summonses for NCTs and ordered members to stop
issuing them for this specific offence.
Two months later, in April 2016, a person appeared before
court after being summonsed for not having an NCT
Certificate, it emerged that they had already paid a FCN.
As a result Gardai launched a preliminary review to
determine how this happened.
3. What did the initial probe discover?
The initial probe found 759 cases where a person had paid
a FCN for not having a valid NCT Cert and then been
summonsed to court.
4. So, what happened then?
The investigation was widened to include all fixed charges
offences and 1,130 cases were found where summonses
had been issued for offences where the person had already
paid the FCN. The Assistant Commissioner, Roads
Policing and Major Event/Emergency Management
decided to carry out an extended review to see if there
were any issues regarding the operation of the FCPs, it was
carried out in conjunction with Garda IT.
5. And...?
From an examination of 830,687 summonses, which were
issued between January 2006 and May 2016, they found
146,865 were brought before the court incorrectly - in
other words when the person was given a summons
without being given a chance to pay an FCN - 14,700 of
these cases resulted in a penalty being imposed.
6. What were the main offences relating to the
summonses?
The main offences relating to the 146,865 summonses are
set out below:
Non Display Of TAX Disc (Use) - 68,664
Non Display Of Insurance Disc - 42,462
Use Vehicle without NCT - 4,511
Learner Driver Failing to Display L Plates on a vehicle -
1,000
Non Display Of Insurance Disc Owner - 6,782
Driving Without Reasonable Consideration - 5,932
Failing To Stop For Garda - 3,658
Driving Past A Red Traffic Light - 1,903
Holding a Mobile Phone While Driving - 1,217
Other offences: Speeding, Lighting, bus lanes, Parking
offence - 10,729
Read More: O'Sullivan remains defiant as support fades
7. What's happening now?
An Garda Siochana spoke to the DPP and the Court
Services about how to address incidents where a penalty
has been issued and these cases will be brought before the
Courts and requested that the convictions are set aside. An
Garda Siochana are also writing to all those affected to
explain what happened and outline how they plan to
rectify the situation. Any fines will be reimbursed and all
records will be corrected.
8. Any reason how this could have occurred?
Garda explained there are multiple reasons why the
situation occurred:
The measurement from the breath testing device wasn't
being read properly by Gardai before April last year,
there was also no correlation between roadside
breath tests returned entered on PULSE and the
 paper based returns as part of the monthly device
test.
Paper records for these monthly device tests were not
retained by An Garda Siochana.
Scheduled MAT Checkpoints were created on PULSE in
advance but the results of the checkpoint may not be
recorded until days afterwards, because of this
inadequate record keeping updating the MAT
Checkpoints was based on estimated rather than
factual returns.
Instructions issued in the 2011 Garda Professional
Standards Unit to include MAT Checkpoints weren't
fully implemented.
Based on data from last year less than half of MAT
Checkpoints are performed due to different reasons -
as a result each cancelled incident is now recorded on
each PULSE incident
9. Anything else?
A dedicated support service for those affected has been set
up for anyone who has any queries, to get in touch email
FCN.Helpline@garda.ie

: Report by Inspectorate in 2014 was largely ignored

Garda Commissioner invited to attend

justice committee
Updated / Tuesday, 28 Mar 2017 07:38
 Nirn
O'Sullivan said the restructuring was part of a cultural reform

Chairman of the Justice and Equality Committee Caoimhghn Caolin has written to Garda
Commissioner Nirn OSullivan, inviting her to attend the committee on Thursday.

It comes after Ms O'Sullivan said she will continue in her role as commissioner as she has "a journey of
work to do".

She was responding to questions at a news conference where she announced radical reform of the
Garda Traffic Corps following controversies over fixed charge notices and the exaggeration of garda
breathalyser test figures.

Asked if she would stay on if the Dil voted no confidence in her next week, Ms O'Sullivan said she
had to make sure she saw out the commitment she made to ensure the foundations of a modern
professional police service that delivers the cultural, structural and organisational reform necessary are
put in place.

Asked if that meant she would stay on she said: "I am absolutely committed to making sure that we
continue to deliver on the transformation and the change and the reform agenda that I committed to
Government we would do."

Last week it emerged that more than 14,500 people who were prosecuted for road traffic offences are
to have their convictions quashed as a result of the controversy over fixed charge notices and the
exaggeration of garda breathalyser test figures.

It was revealed that from 2011 to 2016 the number of drink-driving tests garda claimed to have carried
out was hugely exaggerated, by over 937,000.

The commissioner announced what she described as radical restructuring of roads policing as a part of
a cultural reform to address issues around fixed charge penalty notices and roadside breath tests.

She said the restructuring was part of a cultural reform to address issues around fixed charge penalty
notices and roadside breath tests.

She said Assistant Commissioner Michael Finn will be relieved of his other responsibilities to
implement the changes.
Speaking at Garda Headquarters in the Phoenix Park in Dublin she said the force has been taking
corrective actions to ensure the problems in both areas do not occur again.

She said Assistant Commissioner Michael O'Sullivan has been appointed to establish the who, what
and where of these issues and how they happened.

She said it will not just be a matter of dealing with garda on the ground but also looking at the roles of
supervisors and managers in the problems.

She was joined at the press conference by Mr Finn and Deputy Commissioner John Twomey, who said
he would give a detailed briefing on the timeline of how An Garda Sochna discovered and dealt with
the issues.

He said in early 2016 a problem with the issuing of a fixed charge penalty notice was identified and
this followed a change to procedures in December 2014.

He said in all cases offences had been committed but the problem was in the procedures in how the
offence was dealt with as some officers continued to follow the old procedures.

There are more than 14,000 cases in which convictions will have to be set aside.

He said a dedicated helpline will be available from 3 April for anybody affected.

On the breath-test issue Mr Finn said he became aware two weeks ago of an issue with the roadside
testing figures.

He took down the figures from the garda website and informed the Road Safety Authority.

'Appropriate action will be taken' if deliberate falsification found

Answering questions, Ms O'Sullivan said if a deliberate distortion of facts or falsification of figures

was established then appropriate action will be taken.

But she added no such distortions or falsifications had yet been identified and An Garda Sochna will
be investigating to get to the bottom of what happened.

She said it was a fact finding investigation "to establish what we're dealing with".
She said the force is working closely with the Central Statistics Office to ensure figures will be
recorded correctly.

Mr Finn said systems need to be put in place so all agencies who rely on data from garda can depend
on it.

Mr Twomey said An Garda Sochna had embarked on an unprecedented process of reform and during
such a process wrongdoing would be uncovered.

Appearing on RT's Six One News later, Ms O'Sullivan reiterated that she would not be standing
aside.

She said she has a huge commitment to the reform programme she has been asked to undertake.

The commissioner said it is totally unacceptable that garda recorded almost one million roadside
breath tests that never happened, and said it will not be tolerated.

She told RT News the issue was first identified in June 2014 in the southern region and a national
audit was started.

She said the scale of the problem was established on 10 March this year.

She acknowledged she was first aware of an issue with the tests in June 2014.

She said the results of an investigation into the issue by Assistant Commissioner Michael O'Sullivan
will be known within three months.

Ms O'Sullivan said it was an oversight that the Policing Authority had not been informed of issues with
wrongful convictions for road traffic offences.

She said that had been due to human error as some garda had wrongly issued summonses instead of
fixed penalty notices, but there was also a system error as that should not have been possible.

Tnaiste and Minister for Justice Frances Fitzgerald met with Policing Authority chairperson Josephine
Feehily for an hour today.

Meeting between commissioner and minister 'constructive and useful'

Taoiseach Enda Kenny earlier restated that he retains confidence in Ms O'Sullivan.

Speaking in Tralee, he said a meeting between the commissioner and Ms Fitzgerald would allow the
commissioner to outline all the facts available on what was a "very serious and important matter".

Ms Fitzgerald met Ms O'Sullivan for two hours this morning. A spokesperson for the minister
described the meeting as constructive and useful.

Mr Kenny said the Government had made important changes to An Garda Sochna, including
appointing Mary Ellen Ring to the Garda Sochna Ombudsman Commission, setting up the Garda
Inspectorate and bringing in a "completely independent" Policing Authority.

But, he said, it would take some time for the authority to have a real impact on the culture and the
perception of the force.

A Sinn Fin motion on calling on the Government to remove Commissioner O'Sullivan will be
debated in two weeks' time.
Fianna Fil yesterday said it could not express confidence in her at this time.

O'Sullivan under increased pressure to

consider her position
Updated / Sunday, 26 Mar 2017 22:31

Garda Commissioner said latest revelations 'totally unacceptable'

The Garda Commissioner is facing increased pressure to consider her position after Fianna Fil said it
cannot express confidence in her at this time.

Tonight, Sinn Fin said it would publish a motion of no confidence in Noirn O'Sullivan tomorrow
after it emerged that more than 14,500 people who were prosecuted for road traffic offences are to have
their convictions quashed because of garda error.
It was also revealed that from 2011 to 2016, the number of drink-driving tests garda claimed to have
carried out was hugely exaggerated, by over 937,000.

Speaking on RT's This Week, Mr Martin said his party cannot express confidence in the
Commissioner O'Sullivan, but does not want to embroil Dil ireann in the controversy.

Mr Martin said he wants a clear statement from the commissioner to explain why the Policing
Authority was not told about the controversy until recently.

He said: "We can no longer articulate confidence in the Garda Commissioner or indeed at this
particular point in time in the administration of justice, until we get absolute clarity in plain language as
to what happened here."

Yesterday, the commissioner said the revelations over penalty points and garda breath test
discrepancies are "totally unacceptable and not in keeping with the standards of a modern and
professional police service".

Mr Martin said there needs to be a "radical change in terms of how policing is managed in this
country".

He also said the patience and credibility of the An Garda Sochna has been "seriously undermined by
these revelations".

He said his party has not been satisfied by the response of the commissioner, An Garda Sochna, or
the Minister for Justice to this crisis.

Mr Martin added it was "untenable and unacceptable" that the policing authority was not informed of
the revelations officially and learned of them from the media.

Meanwhile, the Minister for Social Protection Leo Varadkar has reiterated that the Government has
confidence in the Garda Commissioner but he said in light of what has been said by some Independent
ministers and the leader of the opposition they will discuss this further at Cabinet on Tuesday.

Mr Varadkar said the revelations they have seen in the last couple of days really are not acceptable and
are appalling.

But he said that the Government's view is that the Commissioner is part of the solution and she has put
in place the two solutions to these problems in the last couple of months.

He said he did not think she should consider her position at this time and that the Government has
confidence in her.

Earlier, Minister for Agriculture Michael Creed said there is nothing to suggest the commissioner is
implicated in the latest revelations about the force.

Speaking on RT's The Week in Politics, the minister said the commissioner deserves support and
nothing would be served by delivering a head on a plate.

Independent Alliance TD and Minister of State John Halligan said he personally believes that Ms
O'Sullivan should consider stepping aside.

Speaking on RT's This Week programme, Mr Halligan said that "controversy after controversy" is
doing irreparable damage to the garda force.

He said that he thinks it is losing credibility as a result.

He continued that the Independent Alliance will meet on Tuesday to discuss the matter and will then
collectively issue a statement.

Fianna Fil TD Niamh Smyth said the commissioner had failed to provide any credible explanation for
the revelations.

Deputy Smyth said Fianna Fil will give Commissioner O'Sullivan just "next week" to provide a clear
explanation, and then the party would review its position on her.

Minister Creed said he expects the commissioner will come before an Oireachtas Committee very soon
to provide detailed answers.

However, Sinn Fin's Martin Kenny said the commissioner must step down because the public had lost
trust in An Garda Sochna.

Minister for Justice orders review of

GSOC powers

Frances Fitzgerald says public debate sparked U-turn

by Conor Lally, Irish Times

Minister for Justice Frances Fitzgerald has ordered a review into the accessing of journalists telephone
records by the Garda Sochna Ombudsman Commission (GSOC) just 24 hours after expressing her
support for the contentious procedures.

Explaining her decision to announce a review on Saturday, she said the public debate on the issue since
the middle of last week had influenced her thinking.

Minister for Public Expenditure and Reform Brendan Howlin said yesterday that the stricter rules in
Britain should be examined with a view to implementation in the Republic.

Each application for looking at a journalists telephone records would be subject to an individual
analysis by an independent judge, he said.

The controversy surrounding the accessing of personal data began last week when The Irish Times
revealed that GSOC had viewed two journalists phone records without their knowledge or consent on
foot of a complaint about reports in the death of model Katy French (24) in 2007.

Annual review
Last Friday, Ms Fitzgerald pointed out that the Communications (Retention of Data) Act 2011
amended last year that enabled GSOC and the Garda to access citizens telephone records also
provided for a High Court judge to review annually how the legislation was being used.

She said a complaints procedure was also enshrined in the Act.

The law provides the very important safeguard that if persons feel that access to their information has
arisen improperly there is an independent appeal procedure to address this, a statement issued on her
behalf said.

It added she of course, fully supports GSOC in carrying out its important work.

However, on Saturday she issued another statement to the media in which she said she now had
concerns.
I recognise that issues of concern have been raised . . . and I have reached the conclusion that there is
a need for a review of law and practice in this area, she said.

This review will have regard to any relevant judicial findings and ensure our law in this area
represents best international practice.

Asked why she had defended the procedures on Friday but had ordered their review the following day,
Ms Fitzgerald said she believed the general debate which has been taking place raises important
questions about whether the law in this area strikes the right balance and the safeguards which exist are
sufficient.

Leaks
While journalists were entitled in a democratic society to go about their work unhindered, others had
the right not to have their personal information leaked to the media. She said she had only decided on
the review on Saturday.

The Association of Garda Sergeants (AGSI), Garda Representative Association(GRA), Irish Council
for Civil Liberties (ICCL) and the National Union of Journalists (NUJ) have all expressed their concern
at the revelations.

AGSI said GSOC had been established to investigate complaints against Garda members and if it
wanted access to the telephone records or other personal data of journalists it should, under law, be
required to set out its reasons to a judge on each occasion.

Mr Howlin supported that idea yesterday, saying a new issue had emerged around the maintenance
and protection of the freedom of the press, which is a fundamental pillar of our democracy.

https://agsi.ie/articles/minister-for-
justice-orders-review-of-gsoc-powers/
Garda bodies query GSOCs
surveillance of civilians

Tnaiste and Minister for Justice and Equality launches Code of Ethics for An Garda
Sochna
January 18, 2016 Joanne Sweeney-Burke

by Conor Lally, Irish Times (published 16 January 2016)

Garda say the accessing of journalists mobile records is a worrying development

Garda representative bodies and civil rights campaigners have urged Minister for Justice Frances
Fitzgerald to clarify how the Garda ombudsman has been accessing mobile phone records.

The Garda Representative Association (GRA) said the accessing of journalists mobile records at the
outset of investigations by the Garda SochnaOmbudsman Commission (GSOC) and the Garda
represented a worrying departure from traditional investigative methods.

The Association of Garda Sergeants and Inspectors (AGSI) said because GSOC had been established to
investigate members of the Garda it should not have such strong powers of surveillance on civilians
who might find themselves on the periphery of inquiries into policing.

The Irish Council for Civil Liberties (ICCL) supported the granting of full Garda- style powers to
GSOC last year, including the power to access and review phone records.

However, ICCL chief executive Mark Kelly said the controversy surrounding GSOCs use of its new
powers needed to be addressed.

It would be very helpful if the ombudsman commission and/or the Minister for Justice could clarify,
as a matter of urgency, the basis in law for GSOC to obtain and retain telephone records for the
purposes of an investigation, he said.

He said the council had long been critical of the level of oversight of State agencies interception,
surveillance and data retention powers.

Cursory examinations
Mr Kelly said the concern over GSOC accessing the telephone records of two journalists represented
an opportunity for the incoming government to review and strengthen oversight, currently provided by
cursory examinations of records by judges.
AGSI general secretary John Jacob said when GSOC wanted to access the phone records of civilians it
should be required to outline its reasoning before a judge.

At present, senior GSOC figures can grant permission to colleagues to request phone records from
major telecoms companies.

Mr Jacob said the AGSI met Ms Fitzgerald last year before she introduced the new powers for GSOC
and urged her to limit the scope of the changes in the planning stages at the time.

Only in the gravest of cases should there be any need to considering accessing [private phone]
records, he said.

We told the Minister we didnt have a difficulty with [GSOCs new powers] if proper procedures
were applied; if they make an application to the court and a judge decides theres a genuine reason or if
its a fishing expedition.
The GRA described the use by GSOC of journalists phone records as a seriously worrying
development.

A spokesman said when complaints had been made in the past about possible leaks to the media an
investigation team was established that, in the first instance, tried to determine the identities of the
Garda members with access to the leaked information.

This goes up to the Garda Commissioners office; to detail a superintendent to investigate and who
says: Right, who knew about this? Thats where you start from; not from the other end by getting
journalists phone records.

It emerged this week GSOC had accessed the mobile phone records of two journalists without their
knowledge or consent as part of an investigation into Garda leaks.

The investigation began when a friend of model Katy French made a complaint to GSOC alleging
unknown Garda members had leaked information about her death in 2007 and related matters.

To establish which, if any, garda were in contact with the journalists, their mobile phone records were
accessed.

Ms Fitzgerald did not reply to Irish Times queries.

GSOC declined to comment on the case or to provide any information on its procedures for accessing
phone records.

https://agsi.ie/articles/garda-bodies-query-gsocs-survelillance-of-civilians/

Garda Sochna (Policing Authority and

Miscellaneous Provisions) Bill 2015
completes it passage through both
Houses of the Oireachtas
December 16, 2015 Joanne Sweeney-
Burke

The Minister for Justice and Equality, Frances Fitzgerald TD, today welcomed the passage of the
Garda Sochna (Policing Authority and Miscellaneous Provisions) Bill 2015 through both
Houses of the Oireachtas.
The Bill provides for the establishment of the new independent Policing Authority to oversee the
governance, structures and performance of the Garda Sochna in the policing area.
It is intended that the Authority will be formally established on 1 January 2016.

Minister Fitzgerald said: The establishment of an independent Policing Authority represents a key
element of the Governments comprehensive programme of justice reform and delivers on the
commitment I made, when I assumed office, to deliver a sea-change in the oversight of policing in the
State.

The Minister added: The Authority will provide a new independent and dedicated forum for the public
oversight of policing services in Ireland. Its establishment is timely in the context of the ongoing and
extensive reform programme that is underway in the Garda Sochna. The Government is committed to
ensuring that An Garda Sochna is equipped to meet the challenges of modern policing and that it is
supported in this by a robust governance framework, to which the Authority will be a major addition.

The Authority will have extensive functions that will allow it to oversee the governance, structures and
performance of the Garda Sochna in the policing area.

Under the legislation, the Authority will, in particular, have responsibility for:
 overseeing the performance by the Garda Sochna of its policing functions under a broad range of
headings;
nominating persons for appointment by the Government to the posts of Garda Commissioner and
Deputy Garda Commissioner;
appointing persons to the ranks of Garda Superintendent, Chief Superintendent and Assistant
Commissioner and removing them for reasons related to policing services;
appointing persons to senior positions within the Garda civilian staff;
determining Garda priorities in relation to policing services;
approving the 3 year Garda strategy statement;
approving the annual Garda policing plan;
establishing a Garda code of ethics; and
promoting and supporting the continuous improvement of policing in the State.

The Authority will hold a number of public meetings with the Garda Commissioner at which the public
can attend and the media can broadcast.

The Bill also enables the Authority to request the Garda Sochna Ombudsman Commission and the
Garda Sochna Inspectorate to initiate an inspection or inquiry or to examine Garda practices or
procedures.

The Authority will consist of a Chairperson and eight ordinary members to be appointed by the
Government. Josephine Feehily, the distinguished former Chairman of the Revenue Commissioners
has already been nominated by the Government to be the first Chair of the Policing Authority. The
eight Ordinary Members will be formally designated to be members of the Authority once the
legislation is commenced next week.

A Transition Group, with representation from the Department of Justice and Equality, the Policing
Authority and An Garda Sochna, has been actively steering the transition from current arrangements
to the new environment. A budget of 2.7m has been provided for the Authority for 2016.

National security is a vital function of Government. Under the new oversight arrangements, the Garda
Commissioner will report to the Policing Authority in respect of policing matters and to the Minister
for Justice in relation to security matters.

The Authority will be accountable to the Public Accounts Committee and to other Committees of the
Oireachtas.

The Bill will now go to the President to be signed into law. It will be available on the Houses of the
Oireachtas website: www.oireachtas.ie.

ENDS/
Note for Editors

Background

The establishment of a Policing Authority is a key element of the Governments programme of justice
reform and was highlighted as a priority in the Statement of Government Priorities 2014 2016. A
Cabinet Committee on Justice Reform, chaired by An Taoiseach, was established in April 2014 and has
overseen the development of the legislative proposals for the new Authority.

The views of the public on the proposal to establish a new Authority were sought by way of a
Government public consultation process that took place in May 2014. In addition, a consultation
seminar on justice reform was hosted by the Minister for Justice and Equality on 20 June 2014 at
Farmleigh House, attended by some 100 participants. The purpose of the seminar was to provide a
platform for key stakeholders and persons with an interest in Garda reform to discuss elements of the
Government justice reform programme.
Following a public consultation process and a number of hearings with interested parties, the Joint
Oireachtas Committee on Justice, Defence and Equality published a report of its review of the Garda
Sochna Act 2005 in October 2014. A number of the reports recommendations relate to the
establishment of a new Policing Authority and the Committees recommendations were taken into
account in the drafting of the legislation.

The provisions of the Bill are generally in line with the Scheme of a Bill published by the Minister in
November 2014. The Joint Oireachtas Committee considered the Scheme, by way of pre-legislative
scrutiny, and broadly welcomed its proposals.

Ms. Josephine Feehily was nominated as the Chairperson-designate of the Authority following a
selection process run by the Public Appointments Service. The Service has recently completed a
selection process for the ordinary membership of the Authority..

Functions of the Authority

The main function of the Authority will be to oversee the performance by the Garda Sochna of its
policing functions which will include, for example:

keeping under review the adequacy of

the corporate governance arrangements and structures,
the arrangements for the recruitment, training and development of the members and members of the
civilian staff,
the mechanisms in place for the measurement of performance and accountability of members and
civilian staff, and
the arrangements for managing and deploying the available resources;

regular meetings with the Garda Commissioner, at least 4 of which will be held in public each year
and broadcast;

nominating persons for appointment, and recommending the removal in certain circumstances, by the
Government to the posts of Garda Commissioner and Deputy Garda Commissioner;

appointing persons to the ranks of Superintendent, Chief Superintendent and Assistant Commissioner
(and remove them for reasons related to policing services);

determining (with the agreement of the Minister) Garda priorities in relation to policing services;

approving (with the agreement of the Minister) the 3 year Garda strategy statement;

approving (with the agreement of the Minister) the annual policing plan;

establishing a Garda code of ethics;

promoting and supporting the continuous improvement of policing in the State;

accounting, as appropriate, to the Public Accounts Committee and to other Oireachtas Committees;

requesting the Garda Sochna Ombudsman Commission and/or the Garda Sochna Inspectorate to
initiate an inspection or inquiry or to examine Garda practices or procedures;

monitoring, assessing and reporting to the Minister on the measures taken by the Garda Sochna in
relation to recommendations made in a report of the Garda Sochna Inspectorate; and

exercising the current functions of the Minister in relation to Joint Policing Comm
https://agsi.ie/articles/garda-siochana-policing-authority-and-miscellaneous-
provisions-bill-2015-completes-it-passage-through-both-houses-of-the-
oireachtas/

MEDIA STATEMENT: Government

Delay Legislation to Give Garda Access
to Industrial Relations Machinery
March 2, 2017



AGSI Call on Government to Include Them in Working Group

The Association of Garda Sergeants and Inspectors has expressed deep
disappointment that legislation will not be in place to facilitate Garda access to
the Workplace Relations Commission and the Labour Court until the end of
2017 at the earliest.

The AGSI said they are further disappointed that the Government has set up a
working group to look at industrial relations structures for An Garda Sochna
which will explore matters such the right to strike, the John Horgan Report, the
status of the Association and how future industrial relations will work for
Garda, but have excluded the AGSI from it.

President Antoinette Cunningham described the development as another
symptom of Governments lack of transparency in approaches to matters that
affect the entire organisation and leaving the key stakeholders outside of the
process.

However, after pressing for a progress update we secured a meeting with the
Tnaiste last week. During that meeting we learned that the Governments
commitment has been long-fingered and an internal Government and Garda
Management working group has been established instead to look into
matters. That group has already met on two occasions to discuss its terms of
reference. At no stage were we asked to contribute to, or to sit on, this
Working Group.

This approach is symptomatic of how business is done, and which impacts,
An Garda Sochna, lacking transparency with decision-making happening
behind closed doors. I think its important that the public understand that often
decisions are made yet the frontline officer is excluded in any process.

AGSI plays a vital role in being the conduit to ensure implementation of new
and / or best practice, but once again we are left out in the cold and side-lined
while the official side develop a roadmap. You have to ask the question who
benefits from this approach? Its certainly not our members.

We are calling on the Minister for Justice to immediately give AGSI full
membership of this working group so that issues can be agreed in a process
of consultation and engagement.

Media
December 12, 2016 Joanne Sweeney-Burke 0

AGSI Respond To John Horgan Report

MEDIA STATEMENT

Recognition of uniqueness of Garda welcome, but Horgan Report contradicts this position by
suggesting Garda should be dealt with in Public Sector Pay Commission and give up their right to
strike

Horgan Report a missed opportunity to forensically examine pay, allowances and industrial relations
matters in the Garda organisation

To quote Mr. Horgan he used rough and ready calculations of Garda pay which is irresponsible
given his position, and they are grossly over-estimated

The Association of Garda Sergeants and Inspectors has described the review of An Garda Sochna
carried out by Mr. John Horgan as a missed opportunity.
The AGSI which represents 2,100 Sergeants and Inspectors had hoped this review promised under the
Haddington Road Agreement and overdue by two and a half years, would finally bring a resolution to
industrial relations confusion for Garda and undertake a forensic examination of pay and allowances.
However, it fails in this regard.

Report failures

Fails to develop code of practice to deal with industrial relations matters

While uniqueness is referenced six times given the nature of our work, Mr. Horgan suggests
our pay should be dealt with in a forum with other public sector workers
The report is contradictory in nature. On one hand he suggests we enter into the Public Sector
Pay Commission, then leave it if it doesnt deal with Garda pay matters, then further suggests
that an independent review should take place every three to five years to deal exclusively with
Garda pay.
The report also suggests that we give up immediately the right to strike but does not set out
the reason why. This recommendation is discriminatory in nature as no other public sector
worker has been asked to give up their right to strike.
There has been no forensic examination of pay and allowances rather a regurgitation of well
publicised CSO figures which are grossly distorted by the inclusion of overtime.
The punitive measure in relation to pensions, possibly illegal, is an emotional knee-jerk
reaction to the threat by individual people to withdraw their labour, and not contained in Mr.
Horgans terms of reference.

Still confusion

President Antoinette Cunningham says whats clear from this report is that there remains confusion
about how Garda pay should be dealt with.

Mr. Horgan suggests we should go into the Public Sector Pay Commission on a suck it and see
approach but on the other hands suggests three key points, which we welcome:

It should be a fixed and periodic operation and review

It should afford the Garda Representative Associations and the official side maximum
possible involvement in the design and implementation of the process
It should be specifically designed for An Garda Sochna and deal exclusively with Garda
pay.

This report does not provide enough clarity.

Conclusion

The main recommendation is around penalties for Garda if strike action is taken in the future. But
surely, the framework to prevent threatened strike is what the report should have dealt with and not
penalties based on the lack of clear industrial relations mechanisms.
We expected a root and branch review but instead it seems this was a rushed report which failed to
address the key elements of the terms of reference, concluded Ms. Cunningham.

ENDS

Sergeants And Inspectors Vote To Accept Labour Court Proposals

Proof that equitable industrial relations machinery works

Members of the Association of Garda Sergeants and Inspectors have voted overwhelmingly to accept
last months proposals from the Labour Court.

The ballot saw 71% of AGSIs 2,103 members vote, with 95% of those voting to accept the proposals
which were negotiated by AGSI representatives in the Labour Court for the first time in its 38-year
history.

Speaking this morning, President Antoinette Cunningham said, the ballot result is proof that giving
Garda access to equitable industrial relations machinery works.

We held a briefing seminar in Athlone two weeks ago where we went through the Labour Court
proposals in great detail. What emerged from that meeting however, was that our members felt
vindicated in their fight to have parity of access to the Workplace Relations Commission and the
Labour Court, both avenues previous not available to them.

This move was of particular importance to our members and recognition of their voice by the
Government and the Labour Court was very well received.

We look forward to moving forward and helping to shape the future of the industrial relations
landscape for our members for decades to come. That work is very important and we have a role to
play to ensure Garda in the future dont have to face an inequitable industrial relations playing field
again.
MEDIA STATEMENT: Comments by
Chairman of Public Sector Pay
Commission Damaging and Divisive

The National Executive of the Association of Garda Sergeants and Inspectors (AGSI) has asked the
Chairman of the Public Service Pay Commission (PSPC) to retract comments made publicly about
Garda.

President Antoinette Cunningham described Mr. Kevin Duffys comments as extremely damaging and
divisive.

Members of this Association are currently balloting on a Labour Court proposal which was negotiated
by both sides in a fair and conciliatory manner and under due process but under very stressful
conditions a number of weeks ago.

The National Executive of this Association read the comments in the media today and were shocked
that a Government-appointed, and supposedly independent Chairman, would articulate such views
which we believe are unfair, unfounded and hugely damaging to relations between this Association and
the PSPC.

We would ask Mr. Duffy to retract his comments as we have it on good legal standing that actions
taken by our members during our industrial relations activities last month were in no way illegal. The
law, is not prescriptive in this matter and in fact we won an EU decision in 2014 which effectively
recognised the right for our members to strike.

Mr. Duffy was appointed by the Minister for Public Expenditure and Reform, Paschal Donohue to the
position of Chair of the PSPC, and making that announcement on the 18th of October last, the Minister
said:

A thorough knowledge of industrial relations, independence and objectivity were identified during the
consultation process as characteristics which were particularly critical for the Chairperson of the
Commission. Mr Duffys track record clearly demonstrates that he will bring these vital qualities to the
role.

Ms. Cunningham concluded, In light of these comments AGSI would like to ask Minister Donohue if
he has confidence in Mr. Duffys objectivity and independence in his new role?

MEDIA STATEMENT
The Association of Garda Sergeants and Inspectors has welcomed comments made by Taoiseach Enda
Kenny in the Dil this afternoon confirming that he has asked the Attorney General to move as
quickly as possible to put the legal frameworks in place to allow Garda have access to the Workplace
Relations Commission and the Labour Court.

AGSI President Antoinette Cunningham says, This is a victory for AGSI members as access to
industrial relations machinery has been one of the key pillars of our pay campaign for the past four
years. It was also one of the key decisions of the European Committee of Social Rights in 2014. We
believe this is a significant step forward but we would caution that timeframes and exact dates are vital
at this stage to give confidence to our 2,080 members.

AGSI Reject Proposals From Official Side MEDIA STATEMENT

Association of Garda Sergeants & Inspectors Reject Proposals from Official Side

Industrial action to withdraw service by AGSI members still scheduled for Friday
The Association of Garda Sergeants and Inspectors have this evening rejected proposals from the
Official Side aimed at averting a third day of industrial action by middle-ranking Garda.

The AGSI National Executive, who are meeting today, rejected proposals given to their negotiating
team late last night.

Speaking this evening President Antoinette Cunningham said. We were presented with a proposal
which was inequitable. We represent 2,080 Sergeants and Inspectors and we will not part-negotiate on
their behalf.

However, we remain open and available for talks and await more coherent and realistic proposals
from the official side. But as of this evening our third day of industrial action is set for Friday 4th
November and individual members of this Association are planning on withdrawing their service for a
24-hour period.

Budget 2017 Justice and Equality

budget tops 2.5 billion
October 11, 2016

GOVERNMENT STATEMENT

Tnaiste welcomes extra funding for Garda recruits,

more civilian staff and sustained additional overtime
in 2017
Funding for building of new Forensic Science Laboratory to start in
2017
Budget strengthens regulatory bodies, e.g., Charities Regulator, Data
Protection Commissioner andPrivate Security Authority
Extra capital and ICT funding for Courts Service

11 October 2016

The Tnaiste, Frances Fitzgerald, TD, has welcomed funding in Budget

2017 for the Justice and Equality sector totalling 2.54 billion, an increase
of 85 million over the Revised Estimate in 2016 (68 million increase in
current expenditure compared with the Mid Year Expenditure Report 2016).

Funding has been provided for the recruitment in 2017 of 800 Garda recruits
and up to 500 civilians to support the wide ranging reform plan in train in
An Garda Sochna. A total of 71.5 million has been provided for Garda
overtime to allow for sustained pressure to tackle gangland crime, fund the
continuation of Operation Thor and ensure that measures to prevent
international terrorism are unrelenting throughout 2017.

The Tnaiste said: This Government restarted Garda recruitment in

2014 after a time lag of 5 years. I can now announce that the
Government has approved my proposal that by 2021 the Garda
workforce should comprise a total of 21,000 personnel; to include
15,000 Garda members, 2,000 Garda Reserve members and 4,000
civilians. The funding will allow for recruitment of 800 Garda and up
to 500 civilians in 2017. Appointments will also be made to the Garda
Reserve of approximately 300 in 2017. Securing this funding will
support and strengthen the reform process underway in An Garda
Sochna.

I also welcome the funds totalling 71.5 million in 2017 for Garda
overtime which will facilitate the continuation of large scale operations
targeting gangland crime, burglary and terrorism. This is resource
intensive, difficult and dangerous policing work but the investment to
date in An Garda Sochna has yielded results and this funding will
ensure these significant efforts can continue next year. I have also
secured 1 million for a new round of community CCTV schemes in
line with the Programme for a Partnership Government commitment to
provide investment in CCTV systems along the road network and in
urban centres.

New Forensic Science Laboratory 6 million in 2017

The Tnaiste announced she has accelerated the building of a new Forensic
Science Laboratory. The current facility based in Garda HQ is outdated and
in need of complete modernisation. OPW is in a position to develop the
much needed new laboratory on a site in Backweston in Co. Kildare. This
funding will now allow for it to commence in 2017.
The Tnaiste said: I am acutely aware of the very significant expert
contribution played by Forensic Science Ireland in the criminal justice
system. Given the importance of the fight against crime, the new
custom-built facilities, when completed, will allow for greater
efficiencies and a much improved service in analysing samples
submitted from crime scenes and providing expert evidence in criminal
trials.

Welcoming the funding, the Director of Forensic Science Ireland, Dr. Sheila
Willis said: This is very good news for the management and staff of
FSI. The current facility is unsuitable for modern science practices and
it is vital that a new laboratory starts as soon as possible. This will
allow us to make full use of the huge potential offered by the new DNA
database and future-proof the needs of the Service for decades to
come.

Courts Service Vote

The Tnaiste announced over 30 million in additional funding for the
Courts, bringing the total gross allocation to 140 million in 2017.

Additional capital funding of approximately 23 million is provided for,

plus 4.5 million for ICT in respect of the new courthouses and to upgrade
and enhance ICT functionality in the courts.

The additional funding will also boost staffing across the Courts Service,
including in probate, wards of court and change management as well as
provincial court offices, alleviating delays in frontline services and driving
reform.

Regulatory and Immigration Functions Strengthened

There are a number of key areas where significant additional staffing
requirements are being funded. These requirements have arisen due to
expansion of services, increased regulatory requirements or in areas such as
INIS (Irish Naturalisation and Immigration Service) to address increased
volume of applications and to facilitate much needed reform such as in
relation to further civilianisation of passport control at Dublin Airport. A
total of 3.6 million additional funding is allocated to INIS for this purpose
and recruitment for these positions will start as soon as possible.

Office of the Data Protection Commissioner

Following on from significant additional funding provided this year, a
further amount of 2.8 million is being provided in 2017 which brings the
total allocation to over 7.5 million.
The Tnaiste said: This Budget 2017 increase follows significant
funding boosts in 2015 and 2016 and underpins the important role the
Data Protection Commissioner plays in regulating a high volume of
data-rich internet multi-national organisations with European
operations in Ireland. It will also enable the Office to accelerate
preparations for the introduction of new EU Data Protection
Regulation in 2018 which will give effect to a fundamental
transformation of the data protection landscape as it currently exists.

Irish Prison Service

The allocation in 2017 for the IPS will provide for the commencement of
the construction of a new 110 cell wing and a female prison unit in Limerick
Prison, as well as a new maximum security block in Portlaoise prison.

Charities Regulatory Authority

An additional 1.7 million is provided for additional staffing and other costs
to enable the Authority to strengthen its vital oversight roles and
responsibilities under the Charities Act.

Probation Service
The Service plays a key role in reducing recidivism and an additional
amount of over 2 million has been made available including 1 million in
extra payroll funding which will allow the Service to recruit further new
Probation Officers and Community Service Officers.

A number of other areas have also received additional funding, including for
essential staffing requirements, as follows:
Criminal Assets Bureau (0.5 million)
Private Security Authority (0.4 million)
Coroner Service (0.4 million)
National Disability Authority (0.2 million).

The Tnaiste is particularly pleased that additional funding is being made

available to the Legal Aid Board in 2017. In total there is an increase of
over 4 million (12%) in 2017 which will improve provision of legal advice
to vulnerable families and includes 2.4 million for legal advice and
representation to people who are insolvent and in mortgage arrears. This
support forms part of the response to mortgage arrears in the Governments
Housing Action Plan.

While additional resources are being provided across a number of

programme areas, the Tnaiste has secured additional funding for:

Traveller Initiatives 1.0 million: further investment is required in

this area in tandem with a new forthcoming strategy. The funding will be
used to enhance services to traveller community groups and further develop
counselling and mediation services.
Social Disadvantage Measures- 2.7 million: Dormant Accounts
Funding including Garda Youth Diversion and other Irish Youth Justice
Community Programmes.
Crime Prevention Measures/COSC and Victims of Crime 0.6
million: Funding will facilitate awareness raising campaign on domestic and
sexual violence and provide for domestic violence perpetrator programmes
to fulfil requirements under the Council of Europe Convention on
preventing and combating violence against women and domestic violence,
which is a Programme for Government commitment.

The Tnaiste also welcomed the additional funding provided for the Victims
of Crime Office. She said This increase will assist community and
voluntary organisations in meeting the additional demands for support
services, such as the provision of information on the rights of victims
and court accompaniment, arising from the implementation of the
provisions of the EU Victims Directive.

Irish Human Rights and Equality Commission

An additional 300,000 is being provided in 2017 for additional recruitment
to enable the Commission continue its vital work.

Valuation Office Vote

750,000 has been allocated to the Valuation Office to support the revision
of valuations for certain commercial properties in Local Authority
areas. The appointment of over 20 additional staff and the establishment of
a Revision Unit will increase capacity in this important area.

/Ends

Notes for Editors

Expenditure in the Justice Vote Group totals 2.54 billion and covers
the following Votes:

An Garda Sochna; Courts Service; Prisons; Department of Justice

and Equality; Irish Human Rights and Equality Commission; Policing
Authority; Valuation Office; Property Registration Authority.
Tnaiste welcomes new Armed Support
Unit for the Dublin Area

14 December 2016

The Tnaiste and Minister for Justice and Equality, Frances Fitzgerald T.D., today joined the Garda
Commissioner to launch a new Garda Armed Support Unit (ASU) for the Dublin area.

The Tnaiste paid tribute to the determined response which Garda have made to the scourge of
criminal gangs, saying The actions of An Garda Sochna in fearlessly opposing vicious criminal
elements is a true example of service and commitment to the communities which they serve

There are not many of us who would willingly confront the callous individuals who orchestrate the
activities of criminal gangs, but members of An Garda Sochna do so on a daily basis, and at great
personal risk.

Plans for the ASU were announced in the wake of the vicious series of gang-related murders. In the
aftermath of the feud between criminal gangs, Garda deployed emergency resources to help stem the
violence and protect the communities most at risk.

The Tnaiste has also introduced a raft of new measures which are already in place to counter
organised crime, including new laws to target the proceeds of crime, and significant extra resources for
An Garda Siochna.

ENDS.
Note to editors

Government response to organised crime

The Government has enacted new legislation to further target criminal activities including the Proceeds
of Crime (Amendment) Act 2016 which provides additional powers for Garda; in particular, powers to
allow in certain circumstances for the immediate seizure of assets suspected of being the proceeds of
crime to prevent them being disposed of. The thresholds applying under the Proceeds of Crime Act
1996 are also to be reduced from 13,000 to 5,000.

The Tnaiste has made new regulations to reduce the prescribed amount of cash suspected of being the
proceeds of crime which can be seized, from
6,500 to 1,000.

In addition, the Misuse of Drugs (Amendment) Act 2016, brought forward by the Minister for Health,
contains new provisions to counteract the illegal sale of prescription drugs.
The Tnaiste signed the rules of court to complete the establishment of a second Special Criminal
Court, so that it can deal with the backlog of cases on hand.
Increased Garda Resources

Very substantial investments have been made in policing resources, including an additional 55
million provided in 2016

The investment in a modern, effective and fit-for-purpose Garda fleet is continuing will continue under
the Governments Capital Plan 2016-2021 which provides 46 million for new Garda vehicles,
ensuring that Garda can be mobile, visible and responsive, on the roads and in the community.

There are further investments in Garda airborne surveillance and enhanced technology and ICT
systems with 330 million, including 205 million under the Capital Plan, being invested in Garda
ICT infrastructure between 2016 and 2021 to enable An Garda Sochna to deploy the latest cutting
edge technologies in the fight against crime.

All of these investments underline the commitment in the Programme for Government to resource and
equip An Garda Sochna to provide enhanced policing and support local communities in all areas of
the country.

Plans are in place to achieve an overall Garda workforce of 21,000 personnel by 2021 comprising
15,000 Garda members, 2,000 Reserve members and 4,000 civilians. In 2017, funding has been
provided for the recruitment of 800 Garda recruits and up to 500 civilians to support the wide ranging
reform plan in train in An Garda Sochna. Appointments will also be made to the Garda Reserve of
approximately 300.
New senior garda managers will help fill News & Current Affairs
July 18, 2016

critical vacancies says commissioner

Tnaiste and Minister for Justice and Equality launches Code of Ethics for An Garda
Sochna
July 18, 2016 Joanne Sweeney-Burke

The Garda commissioner said the appointment by the Government of 28 senior garda managers
will help to address the critical vacancies in the organisation.

Nirn OSullivan told the Irish Examiner she would continue to work with government departments
and the Policing Authority to ensure that adequate and appropriate leadership capacity was in place.

The Government last week announced the appointment of 28 garda managers: 10 chief
superintendents, and 18 superintendents.

Ms OSullivan had requested the immediate appointment of 46 garda managers: two assistant
commissioners, 18 chief superintendents, and 26 superintendents.

The promotions leave her short 18 appointments: two assistant commissioners, eight chief
superintendents and eight superintendents.

These appointments of superintendents and chief superintendents by the Government are welcome,
the commissioner said.

I recently highlighted to the Government and the Policing Authority that these were critical vacancies
that needed to be filled as quickly as possible to ensure the appropriate leadership capacity of the
organisation.

These appointments will help to address the mission-critical vacancies that exist in An Garda
Sochna.
The commissioner said she would continue to work with government departments and the authority to
ensure adequate and appropriate leadership capacity was in place.

A Garda spokesperson later added that appointment of the two assistant commissioners was a matter
for the Government.

The commissioner has publically commented on the critical need for these positions to be filled as
quickly as possible, the spokesperson said.

One of the 10 new chief superintendents is a woman, while two of the 18 new superintendents are
women.

Those promoted to chief superintendent are: John Quirke (currently Dublin

Metropolitan Region West); Thomas Maguire (SDU); Margaret Nugent (HR); John
Nolan (Technical Bureau); James McGowan (DMR Office); Gerard Russell (SDU);
Mathew Nyland (Internal Affairs); Cornelius Cadogan (Cork City); Christopher
Mangan (DMR West), and Kevin Gralton (DMR North Central).

Those promoted to rank of superintendent include: Sean Campbell (DMR South

Central); John Dollard (SDU); Derek Hughes (Kilkenny/Carlow); Michael Gubbins
(DMR South); James Boyle (Cavan/Monaghan); Brian Conway (Garda College);
Brian Woods (Criminal Assets Bureau); John A OSullivan (Kildare); and Johanna
OLeary (DMR North Central).

Others appointed superintendent are: Paul ODriscoll (Tipperary); Eugene Lynch

(Security & Intelligence); James Delaney (Sligo/Leitrim); Brian Gill (Change
Management); Brian OReilly (Security & Intelligence); Gerard McGrath (Drugs
and Organised Crime Bureau); Brian Daly (DMR North); Ann Markey (DMR
North Central), and Ernest White (Galway).
Every Breath You Take
March 28, 2017

From left: Denis A Cusack, Director, Medical

Bureau of Road Safety, Chief Superintendent
Aidan Reid,, Ms Moyagh Murdock, Chief Executive,
Road Safety Authority, Shane Ross, Minister for
Transport, Tourism and Sport, Maggie Martin,
Research Manager, Road Safety Authority, outside
Store Street Garda Station in Dublin as they
launched a Road Safety Authority (RSA) and An
Garda Sochana drink drive safety campaign last
Summer.

Figures showing significant discrepancies

between the number of breath tests recorded by
PULSE and the number of tests recorded by the
actual devices; Director of the Medical Bureau of
Road Safety Professor Denis Cusack on Morning
Ireland

This morning.
On Morning Ireland.
Professor Denis Cusack, director of the Medical
Bureau of Road Safety (above), spoke to RTs Cathal
Mac Coille about the near one million breath tests that
garda recorded they took between November 1, 2011
and October 31, 2016, but conceded last week they
didnt take.
Professor Cusack explained the MBRSs role in
supplying breath tests to An Garda Sochna and
outlined the timeline of events from when the MBRS
first became aware of concerns about breath tests, in
July 2014, up to An Garda Sochna requesting the
MBRSs database on March 8, 2017.
Readers will note how An Garda Siochana have
already said that on April 11, 2014, the then Minister
for Transport Leo Varadkar wrote to the Garda
Commissioner [Noirin OSullivan] about information
that was sent anonymously to chairman of the Road
Safety Authority Gay Byrne.
The information contained allegations in relation to the
manner in which Mandatory Alcohol Testing
(MAT) checkpoints were being performed in the west
of Ireland.
Mr Varadkar passed this information on to Ms
OSullivan but, almost a year later, on January 8,
2015, a report issued by the garda to the Department
of Justice and Equality found it was not possible to
identify the author of the information sent to Mr Byrne
and so it was not possible to progress the matter.
Further to this
Denis Cusack: Were responsible for approving, in
other words, checking out that the device is fit for
purpose. Were also responsible for testing it from time
to time which we do every six months, every single
device in the country. And we also supply the device,
the breathalyser to the gardai. And weve about 1,200
that we supply to garda stations nationwide.
Cathall Mac Coille: Just to be clear about this,
because youve got a breathalyser in front of you and I
know youre going to explain to us what you do with it:
you check out and approve and issue every single
one, not batches?
Cusack: Well, what happens is the board of the
bureau is presented with a report, whenever theres a
new device so, for example, shortly well again be
going through a process for the roadside and Garda
station drug testing device. So, a report is drawn up,
this is called the Drager Alcotest 6510. So, after a
competitive process, a number of manufacturers will
have put in their devices, wed look, which is the most
suitable, all of that specification is then given to the
board which says, yes, we approve this device and
that is what is meant by approval. And then each
device is approved by that process, not individually
but we test each and every single device every six
months to make sure that its still doing what its meant
to do. And indeed, if theres ever a problem in
between times, the garda will bring it to the bureau.
Mac Coille: And the device you have in front of you
there, has it a specific number on it? Issued by you?
Cusack: Yes, each device is Garda station specific
so we know that, when a device is brought in
andeach device is Garda station specific so when
its returned, every six months or so, and if its not
returned we follow up and remind the gardai that
theyre meant to return it because we need to test it to
make sure that its still well within what it should be
doing.
Mac Coille: And each device can be used how many
times?
Cusack: Oh, limitless. And thats how we know. Im
pressing a button now [holds it up to microphone]
and, in a moment, its going to tell me how many tests
have been carried out on this device, I tested it myself
again last night at home, so it comes up with a
number. So lets say, for example, a garda has a
device at a Garda station, hes going out to one of
the checkpoints, itll say test number, lets say
200, and if the garda returns later that evening and
it says 220, the guard knows that 20 tests have
been carried out. And the protocol that weve
recommended is that it be noted and the number
of tests done. And then, every six months, when it
comes back to us, if, for example, we have that
device at 200 today and it comes back in six
months time to us with 500, we know that 300 tests
have been done and we confirm that with the
Garda and thats how were able to do that.
Later
Mac Coille: When did you first raise the question
of the number of tests being carried out? And the
number of devices being used with the garda?
Cusack: Theres been a lot of discussion about this.
We need to be very clear. In summer 2014, as part of
our process, we have to buy the mouthpieces and I
have one here with me that you see there, each one is
individual in terms of its packing. Its to make sure that
its not contaminated with alcohol and, indeed,
nobody wants to put in their mouth something thats
been used by two or three drivers beforehand. So,
each breath test, has one mouth piece.
Mac Coille: Wrapped in plastic.
Cusack: Wrapped in plastic. Its sealed there, Ive
opened one there and another is sealed. So we buy
them every year, were buying between 400,000 and
600,000, it costs anywhere between 80,000 and
120,000. We became aware that there appeared to
still be a large number
Mac Coille: What do you mean? How did you
become aware of it?
Cusack: A large number..well, we liaise very closely
with the Garda stock keeping, central stock, in Santry.
So they ask us, from time to time, and we became
aware that there wasnt a request in and, clearly, on
the Garda website, we noted that there were more
than, between 400,000 and 450,000.
Mac Coille: What?
Cusack: Breath tests on the website there.
Mac Coille: Carried out?
Cusack: Carried out.
Mac Coille: In that year? 2014?
Cusack: No, over the last year, two previously.
Mac Coille: Ok.
Cusack: So it was very simple. We said, look, you
know, the numbers just dont add up, we need
clarification because if those numbers being done,
clearly we wouldnt have expected that there would
have been that number of mouthpieces left. So for the
purpose, first of all, of actually purchasing them, we
had to look at it.
Mac Coille: So you wrote to them?
Cusack: We wrote to the gardai
Mac Coille: Can you put a date on it?
Cusack: Yes, it was in July 2014. I must be very
clear. We didnt know what we were dealing with at
the time except that the numbers didnt add up.
Mac Coille: We should mention by the way, just to
get the timeline straight, this is after Noirin OSullivan
has taken over as provisional Garda Commissioner.
Later that year she became, she was confirmed as the
Commissioner. She was in charge. So in July 2014,
you wrote to them and said, was it a question?
Cusack: No, it was simply, could you set out, and
we, for the equipment. Now usually we didnt write, we
would be able to do this by just our meetings, weve
very regular meetings with the gardai to make sure
that were helping them and supplying them with
these. So all it was was an alert that something
wasnt adding up. And, some months later, we got
a reply to say they werent seeking any more but
we didnt order any more mouthpieces for 2015 or
2016. And we keep in close consultation with the
gardai. So thats where it lay until about 2015
Mac Coille: But at that stage, just to be clear. In
either 2014 or 2015, did you ask them the question:
you appear to be carrying out or, at least
according to your records, carrying out more
breath tests than youre using these mouthpieces.
Did you ask that question?
Cusack: That would have come up in the discussions
at the meeting but it
Mac Coille: In 2014?
Cusack: In 2014/2015 but I must be very clear: the
gardai wouldnt have known themselves it appears
because we didnt learn of the figures until last
Thursday and Ill come to that in a moment
Mac Coille: But you knew enough in 2014 to ask the
question, correct?
Cusack: Well, simply, we said: the numbers dont
add up. And it was in the context of the number of
mouthpieces we should be purchasing.
Mac Coille: Did you have a meeting with them?
Cusack: We have regular meetings with..
Mac Coille: So you would have met them
subsequent to this letter in July 2014. Did you have a
meeting with them that year to discuss this?
Cusack: Well simply they said we didnt need any
more mouthpieces. So we dont in any way become
involved in in Garda operation matters. We take that at
face value.
Mac Coille: So you left that there in 2014. In 2015?
Cusack: 2015, in fact it was on foot of a newspaper
article where questions were raised about the
numbers of tests. So at that point, I asked the staff, our
senior staff, could they actually look at this because
clearly the numbers were still not adding up. So, in
August 2015 we actually carried out a survey of 200 of
the 1,200 devices and what we found at that time was,
on the estimation of the average use and so on, for
those 200 devices that it appeared that there were not
400,000-plus tests being done on our devices but
rather closer to 200,000.
Mac Coille: When did you tell the gardai about this?
Cusack: We told the gardai, and again it had to be in
the sense that we were quite surprised, obviously that
there was such a difference so we alerted the
gardai
Mac Coille: When?
Cusack: In the end of summer 2015.
Mac Coille: Can you put a month on it?
Cusack: It was August to September 2015.
Mac Coille: And, by the way, your communications
with the Gardai are to whom, are they to the
Commissioner or what level?
Cusack: We meet with members of what was then
the garda traffic bureau but again you must
remember
Mac Coille: Thats headed by or was it headed at
the time by Garda, Assistant Commissioner John
Twomey?
Cusack: Yes and
Mac Coille: So it was to him?
Cusack: Well it was to his staff and my staff would
have met his staff about that. So it was an alert
and, again, nobody knew what they were dealing
with at that stage except that there was a
discrepancy.
Mac Coille: Of 400,000 reported tests but only
200,000, according to
Cusack: And that was the first time we had firm, solid
information. So we alerted the gardai and, in
fairness to the gardai, they reacted and they said
they were going to carry out an audit. They carried
out the audit, as I understand it and its a matter
for the gardai to give the details in 2015 and 2016.
And then earlier this year, after the gardai had
completed their audit, they then asked us in March
if we could share our database information about
the devices with them and were very happy to do
so, to help them in any way and then when they
compared their audit with our numbers, they come
up with the answer which, again, we didnt know
about until last week and coincidentally, or
perhaps it was both good and bad news, it
corresponded quite closely to what we had found
in 2015 that there did appear to be twice the
number recorded by the gardai as our devices
indicated.

Mac Coille: And we find that out nearly three years

after you first raised this.
Issues Arising from Fixed Charge Notices
Q&A

Section 103 of the Road Traffic Act 1961, as amended

provides that where a member of An Garda Sochna has
reasonable grounds for believing that a fixed charge offence is
being or has been committed by a person:

a) If the member identifies the person, the

member shall serve, or cause to be served, personally or by
post, on the person a notice under this section.

How many Fixed Charge Notices have been issued by An

Garda Sochna since the system was first introduced in
2006?

An Garda Sochna has issued over 10.5 million Fixed Charge

Notices since 2006.

Since when did it become an FCN offence not to have an NCT

certificate?

Failure to have an NCT Certificate became a fixed charge

offence on 8th December 2014 and from that date on, no
summons should have issued for failing to have an NCT
Certificate unless the driver had firstly been issued with a
fixed charge notice, and the fixed charge had not been paid.

When did this issue first come to light?

On the 6th February 2016, Garda Information Services Centre

(GISC) became aware of an issue regarding the issuing of
summonses for NCT and instructed their staff to cease
creating summonses for the specific offence. An internal
review commenced at GISC. In April 2016, a person appeared
before court having previously been issued a summons for no
NCT Certificate. It transpired that the person had already paid
a Fixed Charge Notice. As a consequence An Garda Sochna
commenced a preliminary review to establish how this had
occurred.

What were the findings of the preliminary review?

An initial examination of records for the specific offence of

Not having a valid NCT Certificate identified 759 cases where
a person had paid an FCN and that person was subsequently
summonsed to court. This examination was then expanded to
include all fixed charge offences issued since the rollout of the
FCPS system. This identified a total of 1,130 cases where
summonses had been issued for offences where the FCN had
already been paid.

What happened next?

A decision was made by Assistant Commissioner, Roads

Policing and Major Event/Emergency Management, to conduct
an extended review to establish if any other issues were
arising in relation to the operation of the FCPS. This extended
review was carried out in conjunction with Garda IT.

What did the extended review establish?

An examination of 830,687 summonses, issued between 1st

January 2006 and 27th May 2016, identified a total of 146,865
summonses for persons who had committed offences brought
before the courts incorrectly. This means the person was
issued with the summons without being given an opportunity
to pay an FCN.

How many people have been impacted by the Garda error?

In relation to 146,865 summonses, 14,700 cases resulted in a

penalty being imposed by the courts. An Garda Sochna has
undertaken to appeal those outcomes to the Circuit Court.

The main offences relating to the 146,865summonses are set

out below:

OFFENCES

Offence Description

Total

Non Display Of TAX Disc (Use)

68,664

Non Display Of Insurance Disc

42,462

Use Vehicle without NCT

4,511

Learner Driver Failing to Display L Plates on a vehicle

1,000

Non Display Of Insurance Disc Owner

6,782

Driving Without Reasonable Consideration

5,939

Failing To Stop For Garda

3,658

Driving Past A Red Traffic Light

1,903

Holding a Mobile Phone While Driving.

1,217

136,136

Other offences: Speeding, Lighting, bus lanes, Parking offence

10,729

146,865

An estimated 96% of the cases relate to persons that had

multiple offences before the Court. The remaining 4%
(estimated at 5,860) summonses relate to persons who were
not before the Court for any other offence.

What remedy was put in place to address the issue?

As of the 15th July, 2016, an IT solution has been designed
and rolled out which prevents summonses being created in
these circumstances.

What other actions are being taken to rectify the matter?

An Garda Sochna has spoken to the DPP and the Court

Services about how to address cases where a penalty has
been imposed. We will be bringing these matters before the
courts and requesting that the convictions are set aside. A
dedicated team has been set up and we are liaising with the
Court services to expedite this process.

An Garda Sochna is also writing to all of the people affected

and explaining what happened and how we propose to rectify
the situation. Any fines imposed will be reimbursed and all
records involved will be corrected. We have also put in place a
dedicated support helpline for anyone who has any queries or
questions.

What advice does An Garda Sochna have for people

impacted by the error?

All persons involved do not have to take any corrective action

until they hear from us.

This was an error in the manner by which we processed these

cases. We have identified it and have put an IT update in place
to ensure it is not repeated. An Garda Sochna apologises to
all of those people who were brought before the Courts
without them being given an opportunity to pay a fixed charge
notice. It is our mistake and we will rectify the matter.

TIMELINE OF EVENTS

On the 6th February 2016, Garda Information Services

Centre (GISC) became aware of an issue regarding the issuing
summons for NCT and instructed their staff to cease creating
summons for the offence of not having a valid NCT Certificate.
Internal review begins at GISC.

On 9th February 2016, GISC ceased creating

summonses in respect of the offence of not having a valid
NCT certificate.

On the 26th April 2016, a summons was before Carrick-

on-Shannon District Court where a person had been issued an
FCN and paid it and a summons was subsequently issued (for
the same incident) and was now before the Court in relation to
the same offence [for not having a valid NCT Certificate]. A
member brought this issue to the attention of GISC, which, in
turn, brought it to the attention of Garda IT.

On the 16th May 2016, a meeting was held at the Garda

National Traffic Bureau (GNTB), Garda Headquarters. A
decision was taken to conduct a review of NCT offences and
work begins to identify any summonses then before the
Courts. Instructions were issued for all such summonses to be
withdrawn. A further instruction is also issued to have all
cases, where no FCN had been issued, to have such cases
withdrawn before the Court.

On the 10th June 2016, the Secretary General,

Department of Justice & Equality was notified.

On the 10th June 2016, a Press Release is issued

regarding the issue of NCT FCNs.

On the 30th June 2016, the issue of NCT / FCNs is

discussed with the Policing Authority.

On the 4th July 2016, the advice of the Office of the

Director of Public Prosecutions is sought.

On the 12th July 2016, DPP advises that the matters

outlined must be rectified and acknowledges that work on
pre-2104 incidents was on-going.

On the 7th November, 2016 DPP formally advised in

relation to the identified convictions and also advised a review
of data 2006 2013 should be conducted .

On the 9th March 2017, an update report is provided to

the Department of Justice & Equality.

On the same date, a report on the issue was provided to

the Policing Authority.

On the 10th March 2017, the DPP advises that the cases
identified as having been dealt with before the Courts and
which have had a conviction recorded must be appealed to
the Circuit Court.

On the 21st March 2017, the matter of FCNs is raised

with the Policing Authority and AGS advises that a total of
146,865 summonses (period of 2006-2016) have (now) been
identified as having been issued incorrectly and that 14,700
Court outcomes have to be addressed, by way of an appeals
process to the Circuit Court.

On the 23rd March 2017, a Press Conference is

convened to advise the public of situation pertaining regarding
Fixed Charge Notices and that the (14,700) convictions
recorded are to be appealed by AGS to the Circuit Court.
Persons affected will be written to by AGS.

Issues in respect of Garda Roadside Breath Test Figures

Q & A:

What is the background to the breath tests issue?

Roadside Breath Tests are conducted to indicate the presence

of alcohol in the breath. The power to conduct Roadside
Breath Tests at Mandatory Alcohol Testing Checkpoints is
provided for by Section 10, Road Traffic Act 2010, as
amended.

A member of the Garda Sochna, who is on duty at a

checkpoint, may stop any vehicle at the checkpoint and,
without prejudice to any other conferred on him or her by
statute or at common law, may require a person in charge of
the vehicle

to provide (by exhaling into an apparatus for

indicating the presence of alcohol in the breath) a specimen of
his or her breath;

The devices that we use are provided to An Garda Sochna by

the Medical Bureau of Road Safety. The devices indicate the
presence of alcohol in the breath.

Why was information withdrawn from the Garda website?

Following a review, An Garda Sochna decided to withdraw

the data on the Garda Website relating to Roadside Breath
Tests. The reason for this decision is that we have been
provided with data by the Medical Bureau of Road Safety from
their breath test device database and we have been unable to
reconcile this with the figures displayed on the Garda Website.

Will any prosecutions or court outcomes be impacted as a

result?

No prosecutions or Court outcomes will be impacted by this

decision.

When were Garda first made aware of this issue?

An Garda Sochana were first made aware of the issue on the

24th April 2014 when it was brought to our attention through
anonymous correspondence received at the RSA which was
then sent to the Minister for Transport.

In 2015, a review of traffic equipment and PULSE related data

was conducted in the Southern Region in 2015. The results of
the Southern Region review indicated that there were
significant discrepancies in our data and a full review of breath
test data across the entire organisation commenced in 2016.

What did the review establish?

The 2016 review was unable to reconcile the PULSE data and
our paper-based breath test data - primarily due to significant
gaps in the manually recorded breath test data. In February
2017, the Medical Bureau of Road Safety provided data from
their breath test screening devices. From this data we were
able to quantify data from October/November 2011 (when all
of the Drager Breath Test Machines were brought back into
the Medical Bureau of Road Safety for recalibration/dual
calibration). Based on the data provided by the Medical
Bureau and compared to data recorded on the Garda Pulse
system, we were able to verify that there was a significant
deficit between the data recorded on the PULSE System for
Roadside Breath tests versus the number of breath test
recorded on the apparatus used by the Medical Bureau for
Road Safety. The difference between the data is:

Garda Sochna Pulse Data: 1,995,369

Medical Bureau of Road Safety Date: 1,058,157

How can the discrepancy be explained?

There is no one single reason that accounts for the

discrepancy. The data pertains to an era when we did not
record the specific counter-readings nor did we identify the
specific device used for each checkpoint, the instruction for
which issued on April, 2016. Over that period, over 1,200
devices were in use across 108 Garda Districts with no central
recording process.

What did An Garda Sochna do to address the problem?

In 2016, An Garda Sochna put in place a new paper-based

recording and verification process. More significantly, in
November 2016, a new specific data recording IT upgrade was
installed on the Garda PULSE system.

The net effect of the new IT upgrade was that personnel now
have to record the serial number of the device used for each
breath test plus the meter reading before and after the
checkpoint was concluded. Data from the device is now used
to verify the total number of breath test conducted at each
checkpoint.

Is the data relating to 2016 and 2017 reliable?

Data for 2016/2107, average over a 365 day period, suggest
that the data we have recorded on PULSE for 2016 is
accurate, based on the data available to AGS from the Medical
Bureau for Road Safety.

While An Garda Sochna is satisfied at this stage that the new

processes that we have put in place in 2016 are working and
that the 2016 data is solid, we will not publish the data until we
are satisfied that the processes are robust enough and
consistent enough to stand up to scrutiny. While the
2016/2017 data is reassuring we will continue to closely
monitor the data. If we are satisfied that the data is accurate
and solid at the end of 2017, we will consider publishing data
that we can verify.

What else is being done to ensure roadside breath-tests are

accurate?

The Medical Bureau for Road Safety are currently in the

process of procuring new breath testing equipment which will
have the capacity to automatically record data in relation to
breath test. New equipment which is available in the
marketplace has the capacity to record the time, GPS location,
number of persons breath-tested and has the capacity to
download the information automatically reducing the chances
of errors occurring in the data.

TIMELINE OF EVENTS

What did we know? And how?

Mandatory Alcohol Testing (MAT) at checkpoints was

introduced in 2006.

In 2009 An Garda Sochna started recording MAT

Checkpoints on PULSE.

The legislation currently governing MAT

checkpoints is section 10, Road Traffic Act 2010.

New alcohol limits in respect of specified drivers

(Learners and Professional drivers, ie Taxi / HGV drivers) were
created on the 28th October 2011. As a consequence all
Medical Bureau of Road Safety screening devices had to be
recalibrated. This was done during October and November
2011.

On the 11th April 2014 Mr. Leo Varadkar TD, (then)

Minister for Transport, wrote to the Commissioner advising of
[anonymous] correspondence received from Mr. Gay Byrne,
Chairman of the Road Safety Authority containing allegations
in relation to the manner in which MAT checkpoints were
being performed (in the West of Ireland). The letter also
contained allegations in respect of the lack of enforcement of
road traffic legislation.

On the 24th April 2014 Assistant Commissioner,

Western Region submitted a report in respect of Road Traffic
enforcement in the Western Region. Assistant Commissioner
Western Region further advised that the issues raised would
be placed on the agenda for the next Regional Performance
and Accountability Framework meeting.

On the 12th May 2014 a comprehensive report in

respect of the issues raised was submitted to the Department
of Justice & Equality. The report advised of the roles and
responsibilities of An Garda Sochna; the Garda Roads
Policing Strategy; a background to MAT checkpoints; Road
Traffic enforcement in Western Region; and other issues in
respect of general policing. Mr. Varadkar TD was advised that
a comprehensive report had been submitted to Department of
Justice & Equality.

On the 22nd August 2014, correspondence was

received at the Garda National Traffic Bureau (GNTB) from the
Medical Bureau of Road Safety in relation to the purchasing of
consumables for the Drager (breath-testing) devices. (The
Medical Bureau of Road Safety is responsible for the
procurement, issue and maintenance of breath-testing
devices for AGS).

On the 8th January 2015 (further to the

correspondence from Mr. Leo Varadkar) a further report
issued to the Department of Justice & Equality, advising that
all Garda Reserves in the Western Region had been spoken to
and it was not possible to identify the author of
correspondence (to the Road Safety Authority) and, in the
absence of further information becoming available, it was not
possible to progress matter.

On the 7th March 2015 Assistant Commissioner,

Traffic issued an instruction to all Divisional and District
Officers to ensure mechanisms were put in place, if not
already in place, to monitor the operation of MAT checkpoints
within their respective Divisions & Districts.

On the 20th July 2015 Assistant Commissioner,

Traffic directed Superintendent Brennan, Garda National
Traffic Bureau to chair a Working Group to examine the
recording of equipment and data on PULSE (traffic-related
matters).

On the 11th November 2015 the Working Group

submitted a report to Assistant Commissioner, Traffic,
regarding the audit conducted in the Southern Region in
respect of breath tests performed between 2009 and 2014.
The audit identified a discrepancy of 17% between the number
of breath-tests recorded on PULSE as having been conducted
by AGS and the number of breath-tests recorded on the
breath-testing devices.

Over a five-year period, from 1st November, 2011 to

31st October, 2016, data recorded on PULSE indicates that An
Garda Sochna performed a total of 1,995,369 roadside
breath-tests at 373,274 checkpoints.

On the 10th March 2017 the Medical Bureau of Road

Safety provided data to An Garda Sochna regarding the
recorded use of breath-testing devices for the same period (ie
1st November, 2011 to 31st October, 2016) on the basis of the
information recorded from the devices issued. An analysis of
that data indicates that 1,058,157 tests were recorded for the
period under review.
Region

PULSE Data

Drager Data

% Difference

DMR

375,265

223,759

+68%

Eastern

292,149

153,221

+91%

Northern

201,122

99,137

+103%

South Eastern

332,463

127,291

+153%

Southern
514,673

304,491

+69%

Western

289,697

170,776

+70%

Total

1,995,369

1,061,381*

+88%

* Slight variation between the date of this reading and

previous reading supplied

It is advised that the amending legislation providing for

specified drivers, with reduced permitted levels of alcohol,
came into effect in November, 2011.

What did we do?

On the 7th March 2015 Assistant Commissioner,

Traffic issued an instruction to all Divisional and District
Officers to ensure mechanisms were in place to monitor
operation of MAT Checkpoints.

On the 20th July 2015 Assistant Commissioner,

Traffic directed Superintendent Brennan, Garda National
Traffic Bureau to chair a Working Group to examine the
recording of equipment and data on PULSE (traffic-related
matters).

On the 11th November 2015 the Working Group

submitted a report to Assistant Commissioner, Traffic,
regarding the audit conducted in the Southern Region in
respect of breath tests performed between 2009 and 2014.
The audit identified a discrepancy of 17% between the number
of breath-tests recorded on PULSE as having been conducted
by AGS and the number of breath-tests recorded on the
breath-testing devices.

On the 7th April 2016 new instruction issued in the

form of a HQ Directive 23/16, entitled, Mandatory Alcohol
Testing Checkpoints, Recording of Data. The instruction set
out the procedures to be followed in respect of the completion
of the MAT checkpoint Return Form and the recording on
PULSE of the data pertaining to each MAT checkpoint. This
was the first time we recorded the serial number and counter
readings of screening devices on PULSE to verify the number
of breath tests performed.

On the 18th May 2016 an instruction issued to each

Regional Assistant Commissioner in relation the governance of
MAT checkpoints. Each Divisional Officer is now required to
report the number of checkpoints, both scheduled and
performed, and the reasons for any checkpoint being
cancelled, at the Performance & Accountability Framework,
chaired by the Regional Assistant Commissioner.

On the 2nd June 2016, Assistant Commissioner,

Traffic, directed a national audit in respect of MAT
checkpoints and a caveat was placed on Garda website in
respect of figures provided (on the website) relating to
breath-testing.

On the 8th June 2016 a report was submitted to the

Department of Justice & Equality, advising that an issue had
been identified regarding figures recorded for breath-testing
carried out by members of AGS. The report further advised
that an audit of MAT checkpoints had been conducted and
completed in respect of the Southern Region, which had
raised concerns as to the reliability (... veracity / authenticity)
of data available to An Garda Sochna in relation to breath
tests conducted and that a national audit was being
commenced.

In June 2016 the RSA were advised verbally that a

national audit was to be conducted in respect of MAT
Checkpoints and the methodology for same.

On the 1st July 2016 the methodology for the

national audit was provided to each Divisional Officer. The
Audit was to cover the period from the 1st January 2009 to
the 30th June 2016.

On the 2nd November 2016 a revised HQ Directive

68/16 issued in relation to procedures to be followed in
respect of the recording of MAT checkpoint data on PULSE
(taking cognisance of a new PULSE IT Upgrade scheduled for
4th December 2016).

On the 4th December 2016 an IT upgrade to the

PULSE System created a number of new data fields. This
included the recording of data in respect of screening devices
and the counter readings before and after the MAT
Checkpoint.
On the 14th February 2017 the National audit was
extended to cover the period from 1st July 2016 to the 31st
December 2016.

On the 24th February 2017 a sample of the data

available in respect of screening device counter readings was
received from the Medical Bureau of Road Safety.

On the 28th February 2017 a meeting was held with

Medical Bureau of Road Safety to identify if any additional
data would be of assistance in respect of Audit being
conducted.

On the 8th March 2017 a request was submitted to

the Medical Bureau of Road Safety seeking additional data in
respect of Drager screening devices.

On the 10th March 2017 additional data was

received from the Medical Bureau of Road Safety.

On the 21st March 2017 Policing Authority informed

of the discrepancy in the data relating to breath tests.

On the 23rd March 2017 AN Garda Sochna make

public statement in respect of the discrepancy in the data
relating to breath tests.
Why did it happen?

An Garda Sochna was not accurately recording

the measurement from the breath testing device prior to April
2016.

There was no correlation between the roadside

breath test returns entered on PULSE and the paper based
returns that were captured as part of the monthly device test.
Paper records in respect of these monthly device
tests were not being retained by An Garda Sochna.

Scheduled MAT Checkpoints were created on

PULSE in advance. The outcome of the checkpoint was
recorded after the event, sometimes days afterwards.

Because of inadequate record keeping the updating

of the MAT Checkpoints was based on estimated rather than
factual returns.

The instruction issued in 2011 that the Garda

Professional Standards Unit was to include MAT Checkpoints
as part of their examinations was not fully implemented.

Based on 2016 data less than 50% of scheduled

MAT Checkpoints are performed due to a variety of reasons.

As a result of PULSE release 6.9 the

reason for the cancelation of a scheduled MAT
Checkpoint is now recorded on each PULSE Incident.
Social welfare fraud is often perceived as a victimless crime but I am conscious
.... the identity and PPS number of another person. ... out in section 9.2 of this
document. ..... formed alliances and mutual assistance agreements with a range
of ... contact with An Garda Sochna for the purposes of social welfare fraud.
http://www.welfare.ie/en/downloads/fraudinitiative2011.pdf
Cork County Council
http://www.corkcoco.ie/co/pdf/515831742.doc
This application cannot be completed without PPS Numbers for all members of
the ... Where applicants are in receipt of a social welfare payment, a statement
from the ... An Garda Siochna, the Minister for Social Protection, the Health
Service .... Copy of separation/divorce agreement for both applicants,
Social Housing Support - Westmeath County Council
https://www.westmeathcoco.ie/en/media/Social%20Housing%20Support.pdf
This application cannot be completed without PPS Numbers for all members of
the ... Where applicants are in receipt of a social welfare payment, a statement
from the ... Criminal Assets Bureau, An Garda Siochna, the Minister for Social
Protection, the .... If there is no agreement, a letter from the applicant's solicitor
mus
https://www.westmeathcoco.ie/en/media/Social%20Housing%20Support.pdf

US under the Safe Harbour agreement has meant that the office has ... autumn
2014, the office has doubled the numbers of staff on its team but ..... known to
him within An Garda Sochna and the Electricity Supply Board. ... be aware that
the mis-use of PPS numbers is an offence under Social Welfare law.

https://www.dataprotection.ie/documents/speeches/31-05-16_Institute-of-
banking.pdf

national identity card or driving licence .... One of the first things you will need to
do is apply for a PPS number. ..... The national police force in Ireland is known as
An Garda Sochna. For ... Irish social welfare insurance) as well as any other
deductions that.

https://www.ibec.ie/IBEC/ES.nsf/vPages/HR_best_practice~Diversity_and_th
e_integrated_workplace~diversity-tools---moving-to-ireland-to-work-03-03-
2009/$file/Moving+to+Ireland+to+Work.pdf
Government in Ireland - Joinup - Europa.eu


Minister for Justice Frances Fitzgerald is in the Dil following the
falsifying of breath test results and the wrongful conviction of almost
15,000 due to issues with the fixed charge penalty system March 28th
2017






This document is meant to present an overview of the eGoverment status in this
country .... GDP per inhabitant in PPS (Purchasing Power Standards EU 28 = 100
): 134 (2014) ..... The PSC currently is being used for Social Welfare payments ....
Service (An Garda Sochna) and the District Courts nationally. Feb 26, 2016

https://joinup.ec.europa.eu/sites/default/files/ckeditor_files/files/eGovernmen
t%20in%20Ireland%20-%20February%202016%20-%2018_00%20-
%20v2_00.pdf

Callinan will get 85,000

pension and gratuity of
255,000 upon retirement
Wed, Mar 26, 2014, 08:55
Colin Gleeson, Fiach Kelly

Former Garda Commissioner Martin Callinan. Photograph: Niall Carson/PA

Wire
Former Garda Commissioner Martin Callinan will
receive an annual pension of 85,000 and a lump sum
one-off gratuityof 255,000 upon his retirement.
Mr Callinans pension package is in line with normal
public service standards, which dictate that retirees
receive an annual pension of 50 per cent of their final
salary and a one-off gratuity of 150 per cent of their final
salary.
A spokesman for the Department of Justice said that it
could not go into the specific details of an individual
persons pension or gratuity but it is understood normal
practice will apply to the resignation of Mr Callinan.
The current salary for the Garda Commissioner is just
over 170,000, having been reduced from 185,000
following the Financial Emergency Measures in the
Public Interest (Fempi) Act 2013.
Mr Callinan had been a member of the Garda for 41
years and had been commissioner for just over three
years.

Two-year extension He was due to retire on age

grounds when he reached 60 years of age last August but
was offered a two-year extension by the Government to
continue on in the post, an offer which he accepted. The
former commissioner was due to retire in August of next
year.
Mr Callinans pension entitlement will be greater for
retiring this year, since the Fempi Act allows those who
retire before August 31st, 2014, to have their pension
calculated on their level of pay in effect before July 2013.
Public servants, including senior officials such as judges
who retire before August 31st, will have their pensions
and retirement lump sums based on their salaries before
cuts introduced under the Haddington Road agreement.
They would therefore avoid a tax of up to 70 per cent on
any portion of their pensions above 115,000 a year.
There have been warnings from Garda representative
bodies of an exodus of middle- and senior-ranking
members of the force because of the pension changes.

In a statement, Minister for Justice Alan Shatter paid

tribute to Mr Callinan on his retirement.
As Commissioner and throughout his very
distinguished service in the force he has made an
enormous contribution to fighting crime and I believe
that this contribution will be seen as a legacy of which he
can be very proud and for which the community he
served are in his debt he said.
The high reputation of An Garda Sochna has been
gained down through the years through peoples
experience of dealing with members like Martin
Callinan, often at times of great difficulty. I believe, at
these challenging times for the force, the men and
women who serve in it will continue to enjoy the respect
of the community they serve, often at great risk to
themselves, he added.
http://www.irishtimes.com/news/politics/callinan-will-get-85-000-pension-
and-gratuity-of-255-000-upon-retirement-1.1738678#.WNpcKhY1j1s.facebook

Noirn O'Sullivan's
performance in recent days is
simply not credible
The only response to this appalling breach of trust is for those in charge
to consider their positions, writes Dr Tom Clonan.
2 hours ago 8,641 Views 38 Comments
Share Tweet Email3
About the author v3

Tom Clonan
PUBLIC TRUST IN the administration of justice and
policing is crucial to a functioning democracy. In the
developed world, there is an inviolable, almost sacred social
contract that underpins the trust of the public in their police
forces. In healthy parliamentary democracies, police forces
are assigned a special status and role in society that accords
them respect, authority and trust. Public trust however,
must be earned and must never be taken for granted.
An Garda Siochna came into being during Irelands violent
and brutal Civil War. Its founding members including my
grandfather gained the trust of the Irish people as
unarmed, impartial and non-political servants of the people.
This trust was gained incrementally, over time, during the
febrile and tumultuous years that saw the foundation of the
Irish state.
Over time, the organisation of An Garda Siochna has
developed in parallel with the evolution of the Irish
Republic. During recent decades, the corporate culture and
corporate evolution of An Garda Siochna has taken place in
the pressure cooker of the Troubles and the threat posed to
the security of the State by terrorist organisations such as
the Provisional IRA and the Irish National Liberation Army.
Unlike EU counterparts, An Garda Siochna also became
and remains the primary and most powerful intelligence
agency within the state. During this period, An Garda
Siochna also became, of necessity perhaps, a highly
political instrument and extension of government. It also
became a highly politicised entity with promotion to the
most senior ranks a matter of political discretion and
affirmation.
The lack of trust
I served as an army officer in Oglaigh na hEireann a sister
organisation to our police force. I served alongside members
of An Garda Siochna in Aid to the Civil Power Operations
(ATCP Ops) or counter-terrorism operations during my
service in the Defence Forces. In many respects, both
organisations shared a common genesis in the War of
Independence and Civil War. Both organisations shared a
common culture of loyalty and uniformed service to the
state.
In recent years, in common with the patterns of a post-
modern polity to be found throughout Europe, the Irish
people have found serious flaws in the Catholic Church in
Ireland, in her political systems, financial services and
media. After the intellectual and ethical failures of the Celtic
Tiger and austerity years, international measurements of
public trust show that most Irish people simply no longer
trust politicians, bankers or journalists.
Despite these developments, our Defence Forces are
probably one of the few organisations that still enjoy the
trust of the Irish public. Irish citizens are aware of and
recognise the contribution that, for example, the Irish Naval
Service plays in the Mediterranean, rescuing thousands of
refugees from drowning. Or the Army, serving in Syria on
the Golan Heights. The public also recognise the vital air-
ambulance work carried out by our Air Corps.
The same cannot be said about An Garda Siochana however.
Ordinary front line garda the men and women who are
the backbone of our policing and justice system have in
recent years come under increasingly hostile scrutiny over
issues of ethical concern which flow from its most senior
ranks. It is a corporate culture that is inherently secretive,
unethical and inimical to meritocracy or organisational
justice. This has been most recently underlined by the
treatment of successive Garda whistleblowers.
A cultural problem within the force
There have been a plethora of Tribunals of Inquiry and
Commissions of Investigation into An Garda Siochna of
late that articulate and re-iterate these unpalatable truths
over and over again. The Barr Tribunal, the Morris and
Smithwick Tribunals, the Justice McEntee Report, the
Justice Birmingham Report, the Guerin Report, the
OHiggins Report and the most recent Justice Charleton
Disclosures Tribunal all point to a force that is suffering a
crisis of leadership and direction.
There is only one positive aspect to most of these reports
and in most of the Garda Ombudsman and Garda
Inspectorate Reports in that it is generally acknowledged
that most gardai are well intentioned and dedicated
members of the force. However, they all point to a senior
leadership team and a culture of political interference that is
toxic to the public interest and corrosive to public trust in
our policing structures.
Take for example the recent breathalyser scandal. In the
Defence Forces, any calibrated piece of equipment such as a
breathalyser is routinely given a serial number and
identified as an item of ordnance. The same goes for
weapons, ammunition and other vital equipment such as
radios or vehicles. Each item of ordnance is assigned to an
account holder an officer who is responsible for
everything that happens, or fails to happen, to that
equipment. Each piece of equipment, each bullet, each
weapon, each radio is accounted for digitally and in hard
copy on paper and in detail, irrespective of how busy the
operational environment becomes. These accounting trails
are audited regularly both internally and externally by the
Department of Defence and other government departments.
Human error or malpractice?
An Garda Siochana has exactly the same structures of
accountability and responsibility for operational matters
and equipment. There is no difference. Therefore, the recent
wrongful conviction of 14,500 citizens under the Road
Traffic Acts along with the false reporting of 937,000
breathalyser tests points to catastrophic systemic and
systematic failures in management and leadership within
the force. If these failures were simply a matter of human
error on such a large scale and so consistently widespread, it
speaks of levels of sheer incompetence that defy credibility
and which in any other jurisdiction would be a resignation
matter.
If these issues arose as a consequence of malpractice
massaging and inflating figures in order to enhance
promotion prospects in an era of doing more for less within
the public service then they ought to be a matter for swift
investigation and disciplinary action. Thats what would
happen in a mature parliamentary democracy or in anther
European jurisdiction perhaps. It is not clear, what will
happen, if anything, in the current Irish context.
In this context, Commissioner OSullivans performance in
recent days is simply not credible. The Minister for Justices
performance in successive Garda scandals is simply no
longer credible. They appear to have lost the confidence of
the opposition in government. They have most certainly lost
the trust and confidence of the Irish people.
As a consequence, ordinary gardai on the front line will have
to bear the brunt of the failings of their most senior garda
officers. These senior gardai along with the Minister for
Justice and Taoiseach have taken the publics trust in our
police force and the administration of justice for granted.
This is a grave political and ethical error on their part.
The only remedy for this appalling breach of public trust is
for those with overall command and political responsibility
to consider their positions in the coming days.
There should also be a fundamental root and branch review
of an Garda Siochana along the lines of the Independent
Commission on Policing for Northern Ireland also known
as the Patton Commission. Established in 1998, the Patton
Commission transformed the sectarian and corrupt Royal
Ulster Constabulary into the Police Service of Northern
Ireland in a review process that took just three years to
conclude with the Police Acts (Northern Ireland) 2001 and
2003. By 2007, even Sinn Fein had expressed confidence in
the new police service.
Ireland needs without delay a similar radical transformation
of an Garda Siochana. Irish citizens deserve a police force
that they can trust. Frontline gardai deserve the trust and
respect of the Irish public. This cannot be achieved with the
current minister and commissioner in place.

EXTRACT ""Ireland needs without delay a similar radical
transformation of an Garda Siochana. Irish citizens deserve a
police force that they can trust. Frontline gardai deserve the
trust and respect of the Irish public. This cannot be achieved
with the current minister and commissioner in place""
Noirn O'Sullivan's
performance in recent days is
simply not credible
The only response to this appalling breach of trust is for those in charge
to consider their positions, writes Dr Tom Clonan.
March 28, 17

Tom Clonan
/About the author Text content
PUBLIC TRUST IN the administration of justice and
policing is crucial to a functioning democracy. In the
developed world, there is an inviolable, almost sacred social
contract that underpins the trust of the public in their police
forces. In healthy parliamentary democracies, police forces
are assigned a special status and role in society that accords
them respect, authority and trust. Public trust however,
must be earned and must never be taken for granted.
An Garda Siochna came into being during Irelands violent
and brutal Civil War. Its founding members including my
grandfather gained the trust of the Irish people as
unarmed, impartial and non-political servants of the people.
This trust was gained incrementally, over time, during the
febrile and tumultuous years that saw the foundation of the
Irish state.
Over time, the organisation of An Garda Siochna has
developed in parallel with the evolution of the Irish
Republic. During recent decades, the corporate culture and
corporate evolution of An Garda Siochna has taken place in
the pressure cooker of the Troubles and the threat posed to
the security of the State by terrorist organisations such as
the Provisional IRA and the Irish National Liberation Army.
Unlike EU counterparts, An Garda Siochna also became
and remains the primary and most powerful intelligence
agency within the state. During this period, An Garda
Siochna also became, of necessity perhaps, a highly
political instrument and extension of government. It also
became a highly politicised entity with promotion to the
most senior ranks a matter of political discretion and
affirmation.
The lack of trust
I served as an army officer in Oglaigh na hEireann a sister
organisation to our police force. I served alongside members
of An Garda Siochna in Aid to the Civil Power Operations
(ATCP Ops) or counter-terrorism operations during my
service in the Defence Forces. In many respects, both
organisations shared a common genesis in the War of
Independence and Civil War. Both organisations shared a
common culture of loyalty and uniformed service to the
state.
In recent years, in common with the patterns of a post-
modern polity to be found throughout Europe, the Irish
people have found serious flaws in the Catholic Church in
Ireland, in her political systems, financial services and
media. After the intellectual and ethical failures of the Celtic
Tiger and austerity years, international measurements of
public trust show that most Irish people simply no longer
trust politicians, bankers or journalists.
Despite these developments, our Defence Forces are
probably one of the few organisations that still enjoy the
trust of the Irish public. Irish citizens are aware of and
recognise the contribution that, for example, the Irish Naval
Service plays in the Mediterranean, rescuing thousands of
refugees from drowning. Or the Army, serving in Syria on
the Golan Heights. The public also recognise the vital air-
ambulance work carried out by our Air Corps.
The same cannot be said about An Garda Siochana however.
Ordinary front line garda the men and women who are
the backbone of our policing and justice system have in
recent years come under increasingly hostile scrutiny over
issues of ethical concern which flow from its most senior
ranks. It is a corporate culture that is inherently secretive,
unethical and inimical to meritocracy or organisational
justice. This has been most recently underlined by the
treatment of successive Garda whistleblowers.
A cultural problem within the force
There have been a plethora of Tribunals of Inquiry and
Commissions of Investigation into An Garda Siochna of
late that articulate and re-iterate these unpalatable truths
over and over again. The Barr Tribunal, the Morris and
Smithwick Tribunals, the Justice McEntee Report, the
Justice Birmingham Report, the Guerin Report, the
OHiggins Report and the most recent Justice Charleton
Disclosures Tribunal all point to a force that is suffering a
crisis of leadership and direction.
There is only one positive aspect to most of these reports
and in most of the Garda Ombudsman and Garda
Inspectorate Reports in that it is generally acknowledged
that most gardai are well intentioned and dedicated
members of the force. However, they all point to a senior
leadership team and a culture of political interference that is
toxic to the public interest and corrosive to public trust in
our policing structures.
Take for example the recent breathalyser scandal. In the
Defence Forces, any calibrated piece of equipment such as a
breathalyser is routinely given a serial number and
identified as an item of ordnance. The same goes for
weapons, ammunition and other vital equipment such as
radios or vehicles. Each item of ordnance is assigned to an
account holder an officer who is responsible for
everything that happens, or fails to happen, to that
equipment. Each piece of equipment, each bullet, each
weapon, each radio is accounted for digitally and in hard
copy on paper and in detail, irrespective of how busy the
operational environment becomes. These accounting trails
are audited regularly both internally and externally by the
Department of Defence and other government departments.
Human error or malpractice?
An Garda Siochana has exactly the same structures of
accountability and responsibility for operational matters
and equipment. There is no difference. Therefore, the recent
wrongful conviction of 14,500 citizens under the Road
Traffic Acts along with the false reporting of 937,000
breathalyser tests points to catastrophic systemic and
systematic failures in management and leadership within
the force. If these failures were simply a matter of human
error on such a large scale and so consistently widespread, it
speaks of levels of sheer incompetence that defy credibility
and which in any other jurisdiction would be a resignation
matter.
If these issues arose as a consequence of malpractice
massaging and inflating figures in order to enhance
promotion prospects in an era of doing more for less within
the public service then they ought to be a matter for swift
investigation and disciplinary action. Thats what would
happen in a mature parliamentary democracy or in anther
European jurisdiction perhaps. It is not clear, what will
happen, if anything, in the current Irish context.
In this context, Commissioner OSullivans performance in
recent days is simply not credible. The Minister for Justices
performance in successive Garda scandals is simply no
longer credible. They appear to have lost the confidence of
the opposition in government. They have most certainly lost
the trust and confidence of the Irish people.
As a consequence, ordinary gardai on the front line will have
to bear the brunt of the failings of their most senior garda
officers. These senior gardai along with the Minister for
Justice and Taoiseach have taken the publics trust in our
police force and the administration of justice for granted.
This is a grave political and ethical error on their part.
The only remedy for this appalling breach of public trust is
for those with overall command and political responsibility
to consider their positions in the coming days.
There should also be a fundamental root and branch review
of an Garda Siochana along the lines of the Independent
Commission on Policing for Northern Ireland also known
as the Patton Commission. Established in 1998, the Patton
Commission transformed the sectarian and corrupt Royal
Ulster Constabulary into the Police Service of Northern
Ireland in a review process that took just three years to
conclude with the Police Acts (Northern Ireland) 2001 and
2003. By 2007, even Sinn Fein had expressed confidence in
the new police service.
Ireland needs without delay a similar radical transformation
of an Garda Siochana. Irish citizens deserve a police force
that they can trust. Frontline gardai deserve the trust and
respect of the Irish public. This cannot be achieved with the
current minister and commissioner in place.
Garda was 'following orders' when
'spreading false allegations' against
whistleblower
Tuesday, October 04, 2016
Two senior garda have made statements under whistleblower
legislation alleging that senior garda management conducted a
major campaign to destroy a whistleblower within the force, writes
Michael Clifford in the Irish Examiner.

The protected disclosures of the two officers reference a campaign

that included spreading false, scandalous, and damaging allegations
against the whistleblower in question.

The purpose of the campaign was to completely discredit the

whistleblower to the extent of destroying his character.

One of the two officers making the disclosure is admitting his role in
the campaign to discredit the whistleblower, but claims he was
following orders.

The disclosures were made to the Department of Justice within the

last week and will raise fresh questions about the treatment of
whistleblowers within the force.

In particular, the seniority of the officers making the claims and the
fact that one of them is admitting his own culpability will give rise to
fresh concerns as to how those who come forward are dealt with.
The disclosures detail a number of different strands to the campaign,
which was conducted over a number of years.

These include:

* Generating hundreds of text messages which were disseminated

among a large group of officers with the instructions to attack the
whistleblowers character;
* The creation of an intelligence file on the whistleblower;
* The deployment of an officer to monitor the activity of the
whistleblower on Pulse, the Garda computer system;
* The briefing of elements of the media about the whistleblower,
laying emphasis on entirely false allegations about the
whistleblowers character;
* The briefing of selected politicians in a similar vein.
* The disclosures are understood to name individual officers as being
central to the campaign, but a wide circle is understood to have been
involved.

The Irish Examiner understands the disclosures have been directed

to the office of the minister for justice in the last few days.

The disclosures came about after a meeting between the two officers
concerned in the last month.
The officer who admits his role in the campaign told the second
officer about it and expressed remorse for what he had been
involved in.

The second officer said he had felt compelled to report what had
been revealed, and decided to do so through a protected disclosure
to the department.

The first officer then decided he also would make a disclosure about
what he knew.

The protected disclosure legislation includes provision for the

protection of the identity of anybody making a disclosure.

According to sources in the Department of Justice, the most likely

reaction will be the appointment of a senior counsel to examine the
allegations that have been made.

The issue of the treatment of whistleblowers within the garda has

come to the fore in recent years following complaints of malpractice
made by individual garda.

Three of those who made complaints Maurice McCabe, Nick

Keogh, and Keith Harrison have been identified under
parliamentary privilege in the Dil, and the Public Accounts
Committee in Mr McCabes case.

It is unknown how many other officers have come forward.

Allegations have been made in the Dil and through the media that
whistleblowers within the force have been harassed and intimidated,
but the two disclosures made to the Department of Justice represent
the first time that a senior officer has admitted his own role in any
campaign to discredit a whistleblower.

Garda Commissioner Nirn OSullivan has repeatedly stated that

anybody making genuine complaints will be fairly treated and their
input welcomed.
However, the Garda Sochna Ombudsman Commission (GSOC) is
requesting legal powers to go to the courts to compel the Garda
Commissioner to hand over information as part of a campaign to be
given more teeth.

Judge Mary Ellen Ring, the head of the GSOC, told an Oireachtas
justice committee recently that she has serious concerns regarding
its ability to investigate complaints from Garda whistleblowers.

Judge Ring said the watchdog needs greater powers over Garda
disciplinary proceedings and the enforcement of GSOC
recommendations on systemic issues in the force.

Judge Ring said that while 2015 protocols had improved the speed of
Garda replies to GSOC requests for information, there was a lot of
room for improvement.

This article first appeared in today's

http://www.irishexaminer.com/breakingnews/ireland/garda-was-following-
orders-when-spreading-false-allegations-against-whistleblower-757673.html

Ian Bailey's lawyers accuse judge of

ruling out evidence they claim was
admissible
Tuesday, March 28, 2017
Ian Bailey's lawyers have accused the judge in his failed civil action
of ruling out evidence they claim was perfectly admissible.

The claim was made in his appeal over an unsuccessful attempt to

sue the Garda and the State for an alleged conspiracy to frame him
for the murder of Sophie Toscan du Plantier.

The main thrust of Ian Baileys appeal is that Mr Justice John Hedigan
wrongly prevented the jury in his civil action from getting the full
picture of their case against the State and the Garda who
investigated the murder of Sophie Toscan du Plantier, whose badly
beaten body was found in west Cork in 1996.
Their claims of wrongful arrest and breaches to his constitutional
rights were not put to the jury after Justice Hedigan agreed the time
to act on them had passed.

In the end, the jury only had to consider two very specific allegations
of Garda conspiracy and they rejected both, leaving Mr Bailey with
a multi-million euro legal bill.

Among his 30-plus grounds of appeal is a contention that evidence

his lawyers intended to put before the jury was dealt with in a way
that was grossly unsatisfactory and fundamentally unfair to their
client.

His appeal will continue tomorrow.

http://www.irishexaminer.com/breakingnews/ireland/ian-baileys-lawyers-
accuse-judge-of-ruling-out-evidence-they-claim-was-admissible-783470.html

Policing Authority
demands all reports
relating to breath test
scandal be handed over
'by the end of the week

Garda Commissioner Noirin OSullivan Photo: Gerry Mooney

Kevin Doyle
The Policing Authority has criticised Garda
March 28 2017
management for not providing a clear sense of how
problems arose with breath testing data and wrongful
prosecutions despite questioning over several months.
In a hard-hitting statement this evening the Authority has
demanded that Garda Commissioner Noirin OSullivan
provide it with all existing reports, including audits or
examinations on both matters, by the end of the week.
The Authority is anxious that any actions arising from its
consideration of these matters will take cognisance of the
full breadth of the issues involved, not least the potential
cultural, ethical and behavioural issues in order to
reassure the public, it said.
The body, which was set up to oversee garda management,
expressed disappointment at not being advised in a
timely manner that an audit into the breath test issues was
underway.
The Authority has also asked the Garda Commissioner for
full details of the examination proposed to be undertaken
by an Assistant Commissioner and internal audit and the
timelines for the completion.
The importance of supplying this additional information
in a timely manner was emphasised to the Garda
Commissioner, the statement said.
Separately, the Policing Authority decided as a first step to
engage expertise to assist it in conducting a quality
assurance review on of the remedial actions taken in 2016
to help restore confidence in Garda data.
The Policing Authority had already planned and
announced a meeting in public with the Garda
Commissioner on April 27 on the topic of Roads Policing.
The current problems facing An Garda Siochana go to the
heart of policing in the State, Tnaiste Frances Fitzgerald
has said.
The Justice Minister is this evening facing two hours of
questions in the Dil about the scandals.
They go to the heart of public confidence in our police
force. And the area of policing involved, that of roads and
traffic, is one that affects every one of our citizens.

So many of us have been affected by tragedy on the

roads, be it the death of a friend, colleague or family
member. We need to know, as citizens, that those charged
with enforcing the laws designed to ensure our safety do so
to the highest standards, Ms Fitzgerald said in her
opening statement.
She defended her handling of the crisis, claiming she only
learned of the full scale of the falsification of breath test
records and that 14,700 were wrongly brought to court for
motoring offences last week.
In relation to the breath test she said there was no
indication when Garda first flagged an issue in June
2016 that almost 1 million tests were fake or never
happened.
Indeed it is clear from what the Commissioner told me
yesterday and from her public statements that it was not at
that time known to Garda management either.
It was in order to assess the scale of the problem that the
national audit of MATs was launched, Ms Fitzgerald said.
She said it was a matter of great regret that people had
been incorrectly summonsed to court with all of the
consequences that follow for individuals.
It is absolutely critical now that these mistakes are
resolved and the necessary remedial actions put in place,
Ms Fitzgerald said.
http://www.independent.ie/irish-news/news/policing-authority-demands-all-
reports-relating-to-breath-test-scandal-be-handed-over-by-the-end-of-the-
week-35572896.html