asked the Minister for Justice if he intends to introduce amending legislation in relation to peace commissioners; and if he will make a statement on the matter.
43.
Written Answers. - Peace Commissioners' Legislation.
17.
asked the Minister for Justice if he will clarify the legal position in relation to peace commissioners and doubts that have arisen over the legality of some of their functions; and whether he proposes to take action to deal with this matter and the resulting increased workload for district justices.
I propose to take Questions Nos. 17 and 43 together. In two recent Supreme Court judgements, the latest in December last, serious doubts were raised about the constitutional competence of peace commissioners to remand prisoners in custody or on bail. I have been advised that in the light of the Supreme Court's comments the continued exercise of such functions by peace commissioners could be successfully challenged. The problem of judicial functions and powers being exercised by peace commissioners in criminal matters does not appear to be capable of being resolved by amending legislation.
Peace commissioners have now ceased to be used for the remand of prisoners and instead prisoners are being brought before district justices. After normal court hours this means that district justices must hold special courts. The number of special courts being held outside the Dublin area is not great, but frequent special courts are being held in Dublin. That is one of the matters which I will take into consideration in connection with the question of a permanent night court in Dublin which I have at present under examination.
The change has placed an additional burden on district justices and I would like to take this opportunity of recording my appreciation of the co-operation of the President of the District Court, and district justices in general, in helping to deal with the problem.