Dáil Éireann Debate, Tuesday - 23 March 2010
460 Deputy Caoimhghín Ó Caoláin asked the Minister for Justice, Equality and Law Reform the legal basis for the appointment of peace commissioners, commissioners for oaths and notaries public; the manner in which candidates for appointment to these positions are selected; the names of all persons so appointed since 1997; and if he will make a statement on the matter. [12808/10]
Amharc ar fhreagraSection 88 of the Courts of Justice Act 1924 provides the legislative basis for the appointment of Peace Commissioners by the Minister for Justice, Equality and Law Reform. It is open to anyone to seek nomination to this office and all such requests for appointment are considered by me.
Section 19 of the Courts of Justice Act 1924 vests the power to appoint notaries public and commissioners to administer oaths in the Chief Justice. I understand that solicitors holding current practice certificates are entitled to act as Commissioner for Oaths. In the case of Commissioners for Oaths, applicants who wish to be appointed a Commissioner for Oaths are appointed by the Chief Justice sitting in open court. Applications are made by petition which must be verified by affidavit of the petitioner in which is exhibited a certificate of fitness generally signed by six local solicitors and six leaders of the local business community.
The petition is brought before the Chief Justice by notice of motion which must be served through this office on:
(a) the District Court Clerk for the applicant's district;
(b) for Dublin only — The Law Society;
(c) for all areas outside Dublin — the local Bar Association.
In the case of Notaries Public, appointments are also made by the Chief Justice sitting in open court. Applications are made by petition which must be verified by affidavit of the petitioner in which is exhibited a certificate of fitness generally signed by six local solicitors and six leaders of the local business community.
The petition is brought before the Chief Justice by Notice of Motion which must be served through this office on:
(a) The Registrar of the Faculty of Notaries Public in Ireland;
(b) The Secretary Law Society of Ireland.
The Petition may be moved by counsel or solicitor on the petitioner's behalf. The general practice is to appoint only solicitors as notaries public. When a person, who is not a solicitor, applies to be appointed a notary public, the Law Society will require that he give an undertaking to the Chief Justice not to engage in conveyancing or in legal work usually performed by a solicitor.
It is not feasible to provide the personal details of the appointees requested by the Deputy.
461 Deputy Caoimhghín Ó Caoláin asked the Minister for Justice, Equality and Law Reform if he accepts applications, nominations or recommendations for appointment of persons to the positions of peace commissioners, commissioners for oaths and notaries public. [12809/10]
Amharc ar fhreagraThe Minister for Justice Equality and Law Reform is provided with the power to appoint Peace Commissioners by virtue of the Courts of Justice Act 1924. It is open to anyone to seek nomination to this office and all such requests for appointment are considered by me. The appointment of Commissioners for Oaths and Notaries Public are a matter for the Chief Justice and I have no role in these appointments.
