Dáil Éireann díospóireacht -
Tuesday, 10 May 1994

Vol. 442 No. 5

Written Answers. - Appointment of Sheriffs.

Liz O'Donnell

Ceist:

105 Ms O'Donnell asked the Minister for Justice the procedure whereby county sheriffs are appointed; if the sheriff is remunerated from public funds; the person to whom they are accountable for the performance of their duties; and if there is an agency which monitors the performance of those duties.

Minister for Justice (Mrs. Geoghegan-Quinn)

Under section 54 of the Courts Officers Act, 1926 the powers, duties, authorities, rights and obligations of under-sheriffs are vested in county registrars. County registrars are appointed by and hold office at the pleasure of the Government in accordance with the provisions of section 35 (2) of the 1926 Act. A person who is a solicitor of not less than 8 years standing who is then actually practising or has previously practised or who has been a county registrar is qualified for appointment as a county registrar.

Section 12 of the Court Officers Act, 1946 empowers me, with the consent of the Minister for Finance, to revoke the provisions of section 54 of the 1926 Act in respect of any county or county borough and for the Government to appoint a person to be sheriff of such county or county borough. This has been done in the cases of Cork county and county borough and Dublin county and county borough. Sheriffs hold office at the will and pleasure of the Government. A person who is a practising barrister or a solicitor for not less than five years or has acted for not less than five years as a managing clerk or principal assistant to a sheriff is qualified for appointment as a sheriff.

The salary of county registrars is paid from public funds. Sheriffs appointed to Cork county and county borough and Dublin county under the provisions of section 12 of the 1945 Act receive £400 per annum from public funds and the sheriff for Dublin county borough receives £600 per annum. Sheriffs appointed under the 1945 Act have an additional income from statutory fees, poundage and from bank interest.

With regard to the enforcement of court orders the sheriff is answerable only to the Court. However, section 12 (6) (d) of the Court Officer's Act, 1945 requires each sheriff to furnish annual or other returns and such accounts as may be directed by me from time to time. Section 12 (6) (e) of the above Act allows me to authorise visits to the offices of any sheriff to examine the accounts and the work carried out.