Dáil Éireann díospóireacht -
Thursday, 13 Apr 2000

Vol. 518 No. 2

Written Answers. - Peace Commissioners.

Noel Ahern

Ceist:

139 Mr. N. Ahern asked the Minister for Justice, Equality and Law Reform the year persons (details supplied) were appointed peace commissioners; if they still hold the position; if they were qualified to sign documents for the Balbriggan area; the knowledge, procedures and information which should have been available to them; the way in which they were authorised or qualified to certify their approval regarding an application for certificate of suitability in relation to a bookmakers premises (details supplied); if the area of bookmakers' licences and premises is under the FOI procedure; and if the procedure for FOI requests can be outlined. [11310/00]

Minister for Justice, Equality and Law Reform (Mr. O'Donoghue)

The persons referred to by the Deputy cannot be readily identified from the details supplied as having been appointed as peace commissioners for the Balbriggan area. If, however, the Deputy provides details regarding the addresses of the persons concerned at the time that the application for a certificate of suitability of premises in relation to a bookmaker's licence was made, I will be glad to examine the matter further and provide an early response.

The procedures to be followed in relation to certificates of suitability of premises are set out in section 10 of the Betting Act, 1931. In brief, the applicant is required to publish notice of his-her intention at least once in each of two newspapers circulating in the district within the prescribed time limits; then submit a completed application form with copies of the advertisements attached for the approval and signature of two peace commissioners for the district before the application is made to the local Garda superintendent. While no specific instructions are issued by my Department to peace commissioners regarding the certificate in question, they are, of course, not expected to sign any document unless they are satisfied as to the appropriateness of doing so.

The position in relation to freedom of information is that apart from a very limited number of exceptions, any records held by a "public body", namely, a public body that is subject to the Freedom of Information Act, 1997, are covered by that Act. The procedure for making a request under the Freedom of Information Act is that a request is submitted in writing or other approved form to the appropriate public body – or bodies – stating that the request is being made under the Freedom of Information Act and containing sufficient particulars to enable the records sought to be identified.