Seanad debates

Tuesday, 6 December 2022

Nithe i dtosach suíonna - Commencement Matters

Peace Commissioners

11:00 am

Photo of Robbie GallagherRobbie Gallagher (Fianna Fail)
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Cuirim fáilte roimh an Aire Stáit chuig an Teach ar maidin. I would like to discuss the role of the peace commissioner with the Minister of State and request that a review of the duties of peace commissioners is carried out with a view to expanding that particular role.

Peace commissioners have been working in communities across the country since the early 1920s. A peace commissioner is an honorary position and every single area in the country has people performing these duties, which makes them very accessible to the public. It is estimated that there are more than 5,000 peace commissioners around the country, but very little is known about them unless they come into contact or someone needs their service at some point.

Peace commissioners are responsible for a wide range of duties currently, including taking statutory declarations and oaths, witnesses' signatures on documents required by various authorities and signing certificates and orders under various Acts. They are required to be persons of good character who are well established in their local community. They receive no payments, fees or expenses for the services that they do; they do it as good citizens. They also have the authority to sign summonses and warrants, although these powers are not exercised very often, as in most cases, applications for search warrants are made to the local District Court.

One duty that they are not currently allowed to do is to witness and sign affidavits for social housing applications. This is one duty in which peace commissioners could be of benefit to the local community, particularly where the applicant seeking a signature is affected, like many people are, by cost-of-living issues or perhaps a separation from a partner and simply cannot afford the cost of going to a solicitor for the purpose of that declaration.

I firmly believe that now is the time to examine the expansion of the role of the peace commissioner to look at this particular function and perhaps any other possible functions they could perform for the benefit of the communities in which they live.

Photo of Thomas ByrneThomas Byrne (Meath East, Fianna Fail)
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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.

Photo of Robbie GallagherRobbie Gallagher (Fianna Fail)
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I thank the Minister of State for his response on behalf of the Minister. I tabled this Commencement matter having been contacted by a number of peace commissioners who have people coming to them stating that they incurred fees in getting documentation signed. Peace commissioners were of the opinion that perhaps their role could be expanded to facilitate situations such as the ones that I outlined. Many of the people concerned are experiencing financial difficulties, perhaps in the middle of a divorce, and by the nature of social housing applicants, many are stretched. The peace commissioner was of the opinion that perhaps if documents could be signed by the peace commissioner, there would then be no need for any fees to be outlaid to someone from the legal profession.

I note the contents of the response from the Minister. It is something that perhaps should be kept on review. I do not know what the Minister of State’s thoughts are on it.

Photo of Thomas ByrneThomas Byrne (Meath East, Fianna Fail)
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I thank the Senator for raising the issue. As I said, a signed affidavit is required where there is no separation or divorce agreement in place, which would be probably considered fairly complex to make sure that is done properly. I appreciate that it is normally in circumstances where there are particular difficulties in that person's life. However, we have taken careful note of the comments made by the Senator and will advise relevant colleagues and officials.

The 2022 justice plan contains a commitment to review and reform the role of peace commissioners, and I am informed that the Department of Justice is currently drafting terms of reference, which include reviewing the existing functions, powers and appointment procedures for peace commissioners.

Anyone who wishes to avail of the services of a peace commissioner can contact their local Garda station, which may be able to provide the name and address of a local peace commissioner. Alternatively, they may contact the peace commissioner unit in the Department of Justice, which is pleased to help individuals who require the services of a peace commissioner.

As noted earlier, the requirements relating to supporting documentation for a social housing application are prescribed in the relevant regulations. Any change to these regulations would need to be considered by my colleague, the Minister for Housing, Local Government and Heritage, Deputy Darragh O'Brien.