Judge Matthew Deery confirms continued substantial compliance with Fixed Charge Processing System policy and procedures in 2019 and 2020


20 September, 2021


The Minister for Justice, Heather Humphreys TD, has published the fifth and sixth annual reports of the Independent Oversight Authority for the Garda Fixed Charge Processing System (FCPS) Cancellation Policy, covering the years 2019 and 2020.


Judge Matthew Deery was appointed as the sole Independent Oversight Authority in January 2015. The appointment followed a recommendation contained in the Garda Professional Standards Unit (GPSU) report entitled ‘Examination of the Procedures, Policy and Decision-Making Processes in relation to Cancellations on the Fixed Charge Processing System of Road Traffic-related Offences’.


As in previous years, Judge Deery reviewed a random sample of cases where the Cancellation Authority used his discretion, noting,


“I have examined files where the Cancelling Authority used his discretion and I would not disagree with the manner of the exercise of that discretion. Supporting documentation was provided where necessary and it has to be stated that these cases were few in number."


In finalising his reports, Judge Deery stated,


“… I am satisfied that there has been substantial compliance with the Fixed Charge Processing System Policy and Procedures Manual Fourth Edition.”


Judge Deery also recommended an amendment to section 87 of the Road Traffic Act 2010, which provides exemptions for driving by emergency services, to require Gardaí claiming this exemption to provide reasons why speeding was necessary. The recent Garda Inspectorate Report on countering corruption, which was published in March, made a very similar recommendation which has been accepted by the Department of Transport and by An Garda Síochána.


The next steps for that review will be set out in the Department’s implementation plan for the countering corruption report, which will be published in the autumn.


Publishing the reports, Minister Humphreys said,


“I am pleased that Judge Deery’s reports confirm that there is continued “substantial compliance” with Fixed Charge Processing System policy and procedures. I am very grateful for his important work, which  remains crucial to maintaining independent confidence in the processing system. 


“Judge Deery’s oversight report reinforces public trust in the process.”




Notes for Editors


The Annual Reports can be found at the following links:


2020 Annual Report:  http://www.justice.ie/en/JELR/Independent_Oversight_Authority-AGS-FCPS-Cancellation-AR2020.pdf/Files/Independent_Oversight_Authority-AGS-FCPS-Cancellation-AR2020.pdf


2019 Annual Report: http://www.justice.ie/en/JELR/Independent_Oversight_Authority-AGS-FCPS-Cancellation-AR2019.pdf/Files/Independent_Oversight_Authority-AGS-FCPS-Cancellation-AR2019.pdf