Ministerial accountability and Garda discretion
Deputy McGrath questions the Justice Minister’s conduct in discussing Garda discretion and fixed-penalty points, stressing equal treatment under the law and public confidence. The Tánaiste says he lacks information on the specific matter but supports fair, even enforcement alongside appropriate Garda discretion.
Ar an chéad dul síos, I offer my sympathy and that of the Technical Group to the community of Woolwich in south London and voice our revulsion at what happened yesterday.
We have heard much in the past few days about the need for accountability and transparency in Irish politics, especially at ministerial level. We have heard the Minister for Justice and Equality say time and again that it was his judgment that it was both necessary and in the public interest for him to point out that Deputy Mick Wallace had been a beneficiary of discretion exercised by An Garda Síochána. The Minister also said he made the point not to make a political charge or for any personal benefit but to defend the integrity of An Garda Síochána. It is in that context and strictly with these concerns in mind that I ask the Tánaiste to inform the House if either he or the Taoiseach is aware whether the Minister was stopped at a Garda checkpoint in Dublin in late February or March 2011. This was in the intervening period between the general election and shortly before his appointment to the august office of Minister for Justice and Equality. Is the Tánaiste or the Taoiseach aware whether he was cautioned on that occasion by a garda at the checkpoint under the Road Traffic Act 2010 or whether the gardaí used their discretion on that occasion? This would seem to have a very high bearing on the debate. Are they aware whether he was asked to produce a breath specimen under the mandatory breath testing provision contained in the Road Traffic Act 2010, whether his behaviour and reaction to this request was appropriate and cordial, whether he attempted to use the privilege of travelling to and from the Dáil as a means of avoiding giving a breath test or being stopped at a Garda checkpoint and whether he gave a breath specimen on that occasion? Finally, will the Tánaiste, in the public interest and to facilitate greater transparency, call on the Minister to make available immediately the Garda report which exists into that incident?
Comment on this
I have no idea if the Minister for Justice and Equality was stopped by gardaí before or after the general election. How would I know that? The only thing I can say to the Deputy is that I remember being stopped and breath-tested at Galloping Green on my way home one night. Happily, I passed it. I was stopped on another occasion at the Loughlinstown roundabout. I can account for myself, but I certainly cannot account for when any other Member of this House, or a member of the public for that matter, was stopped by gardaí, breathalysed or cautioned. As we discussed here in the past couple of days, that is a matter between the Garda and the individuals concerned. I have no idea what the Deputy is talking about.
Comment on this
I thank the Tánaiste. I do not raise it as a joke and think the Tánaiste is missing the point. It is the Minister for Justice and Equality we are talking about because of the events since he was appointed Minister for Justice and Equality and the way he has treated the public and An Garda Síochána. The events of last week involving the fixed penalty points controversy highlighted the principle that there must be one law in this country that is applied to all citizens. They also highlight the ongoing need to restore and maintain public confidence in the institutions of the State - that is a duty of the Tánaiste - and not to allow a perception to develop that there are complete double standards operating here. I hope the Tánaiste thinks it is funny, like many other things happening to this country that the Government seems to think are funny and the misery into which people are put. I do not expect him to know, but I would expect him to inform himself, to ask the Taoiseach to inform himself and to ask the Minister to come before the House again to make a statement to clarify the matter and to make the Garda report available.
Comment on this
I do not have any information in relation to the matter raised by the Deputy. With regard to the contact of the public with the Garda Síochána, road traffic matters are where most people come into direct contact with the enforcement of the law. The first critical issue is that the law is applied fairly and evenly to everybody. Second, as we have discussed here on a number of occasions, there is a discretion - a judgment and a common sense approach - which gardaí are expected to take and which, by and large, they do take in how they apply the law. It is appropriate that continues, including in the context of the fixed penalty points regime. It is also important that there is general confidence that the law is being enforced in an even-handed way and that there is not any special treatment for some people as against others. This is a very important principle that needs to apply. Third, as has been aired in this House over the course of the past number of days, there are also issues of privacy that arise in this case and not just privacy with regard to any contact or reports that the Garda Síochána gives to Ministers or whatever, but also privacy with regard to some reports that appear in the public domain from time to time and one can only wonder where they have been sourced. It it important to bear those principles in mind and to ensure there is public confidence in the application of the law, particularly in this area of road traffic offences which is the main area where most people encounter the enforcement of the law and have direct contact with members of the Garda Síochána.