Dáil Éireann Debate, Tuesday - 20 September 2022
240. Deputy Maurice Quinlivan asked the Minister for Public Expenditure and Reform his plans to update rule 4(1)(b) of the Pension Declaration Rules 1966 regarding an eligible witness to include additional persons such as elected members of both the Houses of the Oireachtas and local authorities; and if he will make a statement on the matter. [45468/22]
View answerS.I. No. 134/1966 - Pensions Declarations Rules, 1966 prescribed who was eligible to witness a pension declaration. The 1966 rules were revoked in 2003 and replaced with S.I. No. 171/2003 - Pensions Declarations (Amendment) Rules 2003. The 2003 amendments did not alter the list of persons eligible to witness a pensions declaration made outside the State.
Section 4(1)(b) of Si 171/2003 provides that in the case of a pensions declaration which is made outside the State, a person fitting one of the descriptions specified in the Schedule to the pensions declaration rules is eligible to witness the pensions declaration. The Schedule of persons eligible to witness a pensions declaration made outside the State provides as follows:
Schedule
Persons (not being the pensioner, or the spouse of the pensioner or of the declarant, or a close relative or a spouse of a close relative) before whom pensions declarations are to be made outside the State:
1. A person whose name is on the register of Dáil electors;
2. An Irish diplomatic or consular officer;
3. A person who, under the law of the country in which the pensions declaration is made, is -
(a) a minister of religion recognised as such,
(b) a magistrate recognised as such,
(c) a physician or surgeon registered as such,
(d) a person qualified and acting as a lawyer in the country in which the pensions declaration is made and authorised to so act,
(e) a notary public or other person competent to administer oaths,
(f) an officer authorised to sign documents on behalf of a bank, including a savings bank, being a bank recognised as such, or
(g) a serving police officer duly appointed.
Elected members of both the Houses of the Oireachtas and local authorities, provided they are listed on the register of Dáil electors, are already eligible to witness a pensions declaration.
A full transcript of SI 171/2003 may be found on the Irish Statute Book Website at the following URL: www.irishstatutebook.ie/eli/2003/si/171/made/en/print.
