Finian McGrath
Question:1132 Mr. F. McGrath asked the Minister for Justice, Equality and Law Reform his views on concerns (details supplied) relating to the Criminal Justice Bill and the role of the peace commissioner. [19946/03]
Written Answers. - Peace Commissioners.
Ciarán Cuffe
Question:1242 Mr. Cuffe asked the Minister for Justice, Equality and Law Reform if he has proposals to revise the means of appointment and terms of reference of peace commissioners. [21323/03]
I propose to take Questions Nos. 1132 and 1242 together.
Peace commissioners are appointed under section 88 of the Courts of Justice Act 1924. The office of peace commissioner is an honorary appointment and peace commissioners receive no remuneration or compensation by way of fees or expenses for their services. An application for appointment may be submitted by a person who is interested in obtaining an appointment or a third party may submit a nomination in respect of a person considered suitable for appointment. Nominations are generally received from public representatives. A local Garda superintendent sometimes requests an appointment in a particular area in the public interest. There is no qualifying examination involved but appointees are required to be of good character and they are usually well established in the local community. Persons convicted of serious offences are considered unsuitable for appointment. The fact that an applicant or nominee may be suitable for appointment does not in itself provide any entitlement to appointment because appointments are made at the discretion of the Minister for Justice, Equality and Law Reform and having regard to the needs of particular areas.
The duties and powers of a peace commissioner set out in section 88(3) of that Act allows for (a) signing summonses, except against a garda, (b) signing warrants, (c) administering oaths and taking declarations, affirmations, information, bonds and recognisance's and (d) signing certificates for the registration of clubs. They are also empowered to sign certificates for the destruction of food unfit for consumption under food hygiene regulations. The issuing of summonses and warrants was subject to a number of legal challenges in the late 1980s and early 1990s, and decisions of the superior courts raised serious doubts about the constitutional competence of peace commissioners to exercise such powers. Peace commissioners are therefore no longer requested to exercise the powers to issue summonses, warrants for arrest and to remand persons in custody or on bail.
The requirement in particular that search warrants be issued by a district judge was based on specific legal advice in March 2000. This was to the effect that the search warrant should be issued by a judge as it applies to offences which carry a sentence of five years or more. The requirement is in line with the policy on search warrants which has been pursued for some time in relation to other legislation. Examples include section 55 of the Criminal Justice Act 1994, section 14 of the Criminal Assets Bureau Act 1996 and section 10 of the Criminal Justice (Miscellaneous Provisions) Act 1997 which contains a general provision on search warrants. In emergency situations, such as under the Offences Against the State Act and other statutes, it is possible for senior members of the Garda Síochána to issue warrants.
At present the powers and duties of peace commissioners consist primarily of taking statutory declarations, witnessing signatures on documents for various authorities and signing certificates and orders under various Acts. I do not propose to amend the legislation relating to peace commissioners at this time but I will keep the matter under review.