Question
2. Deputy Donnchadh Ó Laoghaire asked the Minister for Justice and Equality if his attention has been drawn to the processes An Garda Síochána has prepared to deal with the issue of those who were the subject of a conviction related to a fixed-charge penalty notice and who may have faced consequences more significant than a fine, such as being taken into custody and loss of reputation; and if he will make a statement on the matter. [44296/17]
Answer
Deputy Charles Flanagan: I am aware that the Garda has put in place processes to deal with the approximately 14,700 cases where people were convicted in circumstances where they should have been initially offered an opportunity to pay a fixed charge before being summoned to court. A courts process is under way to ensure that any wrongful convictions are set aside, with the first tranche of such cases resulting in the appeals being successful. A dedicated team within the Garda is working with the Courts Service to expedite the process to rectify these fixed-charge notice or summons errors.
All motorists wrongly issued with summonses will have their cases appealed, but it will take time to track down those who have changed address in the meantime. Legal fees should be at a minimum as gardaí are progressing the cases themselves where they can. If motorists do not respond to the first contact, they will be further contacted, including through home visits, if necessary, to ensure that all appeals are finalised.
I have been advised by the Garda authorities that, to date, there is no indication that people have suffered imprisonment as a result of a summons issuing instead of an fixed-charge notice. In the majority of cases, where an incorrect summons was issued, it was done in conjunction with summonses for other offences that were tried at the same time and regarding which penalties were applied correctly.
Since these matters came to light earlier this year, the Government, including me on numerous occasions, has made it clear to the Garda that this is a most serious matter and that the behaviour in question is unacceptable.
The Garda report and the actions under way to address these serious errors are welcome but it is important to note that, at the Government's request, the Policing Authority is producing its own report, and it will deal with these issues comprehensively. That report is due to be concluded in the coming weeks. I am looking forward to the early receipt of that document.