An Garda Síochána has today published the findings of the examinations by Assistant Commissioner Michael O’Sullivan and his team of issues identified by An Garda Síochána relating to the fixed charge penalty notice system and the recording of breath-tests at Mandatory Alcohol Testing (MAT) checkpoints.
These reports have been provided to the Minister for Justice & Equality, and the Policing Authority.
The detailed reports by Assistant Commissioner O’Sullivan highlight a number of significant failures relating to these matters and provide a series of recommendations.
As Assistant Commissioner O’Sullivan notes in his report on the recording of breath-tests at Mandatory Alcohol Testing (MAT) checkpoints, the failure to provide the public and external agencies with accurate breath-test data reflects poorly on the professionalism of the organisation. As Assistant Commissioner O’Sullivan also writes, "…that evidence also suggest members of An Garda Síochána were also engaged in inflating this data, whether intentional or unintentional, is even more damaging to public confidence.”
Commenting on the reports, the Commissioner said: "Assistant Commissioner O’Sullivan’s reports identify failures in our systems, processes, oversight, supervision and management. These failures are completely unacceptable and all of us in An Garda Síochána must now take responsibility for ensuring this cannot happen again. Changes have already been introduced and we are committed to ensuring the required cultural, behavioural and systems changes are made. I agree with Assistant Commissioner O’Sullivan when he writes that these failures, particularly in relation to breath tests, reflect poorly on the professionalism of the organisation and are damaging to public confidence. It is vital that An Garda Síochána continues to have the public’s confidence and support in order to carry out our work.” In relation to the fixed charge penalty notice system and people being incorrectly penalised, An Garda Síochána is working with the Courts Service to ensure all wrongful convictions are appealed. In this regard, the first test appeal cases came before the Dublin Circuit Court on 19th July 2017 and were heard by the President of the Circuit Court. All of the cases were successfully appealed and the Court Services are in the process of updating the records of those concerned and returning fines paid.
Following An Garda Síochána’s identification of these matters, the then Minister for Justice asked the Policing Authority to report on its oversight of these issues. An Garda Síochána has been fully assisting Crowe Horwath who were commissioned by the Policing Authority to review and assess the process employed and the outcomes of each of the investigations conducted by Assistant Commissioner O’Sullivan.
As Crowe Horwath is still conducting its work, it would not be appropriate for An Garda Síochána to comment further on the reports by Assistant Commissioner O’Sullivan until that review is concluded, nevertheless we are committed to ensuring that should any additional issues identified over the course of this review they will be comprehensively addressed.
