Vol. 526 No. 1
127 Proinsias De Rossa asked the Minister for Justice, Equality and Law Reform the plans he has to review the appointment as a peace commissioner of a person (details supplied) who was recently convicted in the Dublin District Court of offences under the Incitement to Hatred Act; and if he will make a statement on the matter. [25750/00]
In brief, the general position is that a person with a criminal record is considered unsuitable to exercise the powers and duties of a peace commissioner and if a report is received that a serving peace commissioner has been convicted of a serious offence and the details are confirmed, removal proceedings are initiated. It is normal practice to afford the person concerned the opportunity to submit his or her resignation as an alternative to removal from office. Should a resignation not be forthcoming, I am empowered to effect termination of the appointment under section 88 of the Courts of Justice Act, 1924.
Should the conviction be overturned on appeal to a higher court, I would review the question of the person's continuation in office, having regard to the fact that a peace commissioner is required to be of good character and standing in the community.
In so far as this particular case is concerned, I understand that an appeal has been lodged against the convictions to which the Deputy refers. In the circumstances, it would be inappropriate for me to take action on the basis of a matter which is still before the courts. I have, however, sought a report from the Garda authorities and should that report provide other grounds to initiate removal proceedings I will, of course, take these into consideration in reviewing the appointment.
