Peace Commissioner

A Peace Commissioner is an honorary position in Ireland with special powers and whose role is to primarily taking statutory declarations, witnessing signatures on documents required by various authorities, signing certificates and orders under various Acts of the Oireachtas.[1]

Role

The Courts of Justice Act 1924 gives Peace Commissioners the power to issue summons and warrants.[2] The title replaced Justice of the Peace in 1923. Peace commissioners are primarily used to witness signatures on documents, take statutory declarations and sign certificates and orders. Peace commissioners can also issue search warrants to the Gardaí.

Some of the more extensive powers that were initially given to Peace Commissioners are less frequently used today. For example, applications for search warrants are normally made to the local District Court.

As of 2012 there were 5,733 serving Peace Commissioners operating throughout the state.[3]

Appointment

The Office of Peace Commissioner is a discretionary appointment by the Minister for Justice and Equality, a member of the Government.

There is no special application form. An application for appointment may be made by a person on their own behalf or a nomination for appointment may be made by a third party in respect of a person considered suitable for appointment. Nominations are generally received from public representatives, and a Garda superintendent may sometimes request an appointment in his or her district as the need arises in the public interest. Persons seeking appointment to the Office of Peace Commissioner can apply to the Minister for Justice and Equality and should set out the reason for the application or nomination and provide some background information about the person proposed for appointment.[4]

There is no qualifying examination, but appointees are required to be of good character[5] and they are usually well established in the local community. People convicted of serious offences are considered unsuitable. Civil servants are usually only appointed where the performance of their official duties requires an appointment (i.e. ex-officio). Solicitors, people employed in legal offices, and members of the clergy are, as a matter of practice, not appointed because of their occupation.[5] The fact that an applicant or nominee may be suitable for appointment does not, in itself, provide any entitlement to appointment as a peace commissioner because other factors, such as the need for appointments in particular areas, are taken into account.

Finding a Peace Commissioner

The Department of Justice and Equality maintains the Roll of Peace Commissioners, however this is not accessible online. The Department will usually provide the name and address of a Peace Commissioner on request. Local Garda stations, who use the services of a Peace Commissioner in the course of their duties are usually in a position to give you the name and address of a Peace Commissioner in a particular area.

It is often easier to find a Commissioner for Oaths. A Commissioner for Oaths can also sign Statutory Declarations, and can in addition sign Affidavits. Because a Commissioner for Oaths can charge they will have an incentive to advertise and are available in most towns nationwide.

Costs and rates

Peace Commissioners is an honorary role and there is no remuneration or financial compensation by way of fees or expenses for their services whatsoever.

See also

References

  1. ↑ "Justice > Civil law > Peace Commissioners". CitizensInformation.ie. Retrieved 4 August 2015.
  2. ↑ "The Courts of Justice Act, 1924". Irishstatutebook.ie. 1924-04-12. Retrieved 2013-07-27.
  3. ↑ "Dáil Éireann - 24/May/2012 Written Answers - Ministerial Appointments". Oireachtasdebates.oireachtas.ie. 2012-05-24. Retrieved 2013-07-27.
  4. ↑ "The Department of Justice and Equality: Peace Commissioners". Justice.ie. Archived from the original on 19 November 2007.
  5. 1 2 "So you want to become a peace commissioner?". Sunday Business Post. 20 February 2005. Archived from the original on 2 November 2005.
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