Thomas Byrne (Meath East, Fianna Fail) | Oireachtas source

I thank the Senator for raising the matter. As the Senator will, of course, be aware, peace commissioners are appointed by the Minister for Justice, and I am here on her behalf. She is on maternity leave and the Minster of State, Deputy James Browne, is also absent today, so he asked me to take this matter.

Peace commissioners are appointed by the Minister for Justice under section 88 of the Courts of Justice Act 1924. As the Senator said, a peace commissioner is an honorary appointment and those appointed receive nothing - no remuneration or compensation by way of fees or expenses for their services.

The powers and duties of peace commissioners consist primarily of taking statutory declarations, witnessing signatures on documents if required by various authorities and signing certificates and orders under various Acts. The Courts of Justice Act 1924 also gives peace commissioners the power to issue summonses and warrants, however, these powers are now rarely used, but they are there. I certainly know peace commissioners who have had to do that. Peace commissioners take statutory declarations for things such as a declaration of residency associated with passport applications and donation statement returns for members of local authorities or, indeed, Oireachtas Members.

The Senator will be aware that the Minister for Justice now has no role in social housing applications. However, we have been informed by the relevant Department, which is the Department of Housing, Local Government and Heritage, that the social housing application form does not need to be witnessed by a third party in any way. However, a signed affidavit or letter is required in circumstances where there is no separation or divorce agreement in place. Where it is in place, an affidavit or letter confirms that there is no formal separation agreement and no court proceedings, as well as the position regarding maintenance payments, overnight access and custody arrangements for children, and property ownership. The Department considers it appropriate, given the sensitivity and complexity of these issues, which is only a subset of the application for social housing, as I understand it, that such confirmation is provided by a solicitor or by a commissioner for oaths, for example, which often can be both, but not necessarily. This requirement has been in place since the social housing assessment regulations were introduced in 2011, which standardised the assessment process. I understand from the Minister for Housing, Local Government and Heritage that there are no plans to change this requirement at this time. Given the nature and requirements of this document, it is not the type of document that should be signed by a peace commissioner, as this affidavit is more than witnessing a document - it is a sworn legal statement. As such, I am sure the Senator will appreciate that the rules around affidavits need to apply.

If the Senator has concerns about how this works in practice or about social housing applications themselves, I would be happy to make sure these concerns are passed on to the Minister for Housing, Local Government and Heritage. Indeed, if the Senator has a particular case in mind, I would advise him to make this known to the Minister for Housing, Local Government and Heritage.

Peace commissioners play an important service to communities. However, I am sure the Senator will know, of course, that the Minister for Housing, Local Government and Heritage would decide if those services are appropriate for the different documentation that may be required in support of certain parts of certain social housing application forms.