Jim O'Keeffe (Cork South West, Fine Gael)
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Question 228: To ask the Minister for Justice, Equality and Law Reform the power, duties and responsibilities of peace commissioners; and his proposals to enhance their role. [12456/04]

Michael McDowell (Dublin South East, Progressive Democrats)
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The duties and powers of a peace commissioner as set out in section 88(3) of the Courts of Justice Act 1924 allows for: (a) signing summonses (except against a garda); (b) signing warrants; (c) administering oaths and taking declarations, affirmations, information, bonds and recognisances; and (d) signing certificates for the registration of clubs. Peace commissioners are also empowered to sign certificates for the destruction of food unfit for consumption under food hygiene regulations. The issuing of summonses and warrants was subject to a number of legal challenges in the late 1980s and early 1990s and decisions of the superior courts raised serious doubts about the constitutional competence of peace commissioners to exercise such powers. Peace commissioners are, therefore, no longer requested to exercise the powers to issue summonses, warrants for arrest and to remand persons in custody or on bail.

At present the powers and duties of peace commissioners consist primarily of taking statutory declarations, witnessing signatures on documents for various authorities and signing certificates and orders under various Acts. I do not propose to amend the legislation relating to peace commissioners at this time, but I will keep the matter under review.