Written Answers. - Peace Commissioner Appointments.
Brendan Howlin
Ceist:
128
Mr. Howlin
asked the
Minister for Justice, Equality and Law Reform
the criteria used in selecting persons for appointment as peace commissioners; the functions that may be discharged by persons appointed as peace commissioners; and if he will make a statement on the matter.
[28395/01]
Brendan Howlin
Ceist:
129
Mr. Howlin
asked the
Minister for Justice, Equality and Law Reform
the criteria used in selecting a person (details supplied) in County Kilkenny for appointment as a peace commissioner; and if he will make a statement on the matter.
[28396/01]
Brendan Howlin
Ceist:
130
Mr. Howlin
asked the
Minister for Justice, Equality and Law Reform
the number of persons appointed as peace commissioner in each year since 1998; and if he will make a statement on the matter.
[28397/01]
I propose to take Questions Nos. 128 to 130, inclusive, 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.
Civil servants are usually only appointed where the performance of their official duties requires an appointment, i.e. anex officio appointment. Solicitors and persons employed in their offices and members of the clergy are, as a matter of practice, not appointed because of their calling. 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 above criteria are applied to the appointment of all peace commissioners, including the appointment of the peace commissioner to whom the Deputy refers in Question No. 129.
Details of the number of peace commissioners appointed in each year since 1998 are as follows: 1998, 155; 1999, 129; 2000, 154; 2001 (to end October), 80.
At present the powers and duties of peace commissioners consist primarily of the taking of statutory declarations; witnessing signatures on documents if same are required by various authorities; and signing certificates and orders under various Acts.
Peace commissioners are also empowered to issue warrants to search premises. However, in practice applications for search warrants are normally made to the District Court.
