John Paul Phelan (Carlow-Kilkenny, Fine Gael) | Oireachtas source

I am replying on behalf of the Minister for Justice and Equality, Deputy Flanagan, who cannot be in the House today. I thank the Senator for raising two issues of jurisdiction concerning sheriffs and coroners following the recent alteration in the boundary between Cork city and county. The question arising is whether this boundary change affects the respective bailiwicks of the city or county sheriffs, or the relevant coroners' jurisdictions under the provisions of the Local Government Act 2019. The Minister for Justice and Equality is responsible under section 12 of the Court Officers Act 1945 for the appointment of sheriffs. They are appointed to a particular bailiwick, or jurisdiction, which are generally understood to comprise the counties of the State and, in the cases of Dublin and Cork, county boroughs.

Section 2 of the Local Government Act 2001 is relevant. It defines "administrative area" as "an area standing established under section 10 for the purposes of local government and which is — (a) a county in the case of a county council, (b) a city in the case of a city council, (c) a city and county in the case of a city and county council". The administrative areas were established "for the purposes of local government" and for no other purposes.

On sheriffs, the Department of Justice and Equality consulted the Revenue Commissioners, who advised that "administrative area" is a defined term for the purpose of local government. It is clear, therefore, that the transfer of areas in Cork is not intended to have effect for any purposes other than local government purposes, thus the boundary adjustment has no effect on the bailiwick of the Cork city and county sheriffs insofar as either revenue or court matters are concerned.

The Senator also raised the issue of possible changes in the coronial districts in the context of the boundary change. He may be aware that changes to these districts are governed by the Coroners Act 1962, in particular section 6(3) of that Act. This provides that changes to adjoining coronial boundaries are a matter for the Minister for Justice and Equality to determine following consultation with the Minister for Housing, Planning and Local Government. It also requires the consent of the coroners for the districts. No alteration to the boundaries of the relevant coronial districts in Cork were, or are, proposed.