Séamus Kirk (Louth, Fianna Fail)
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Question 299: To ask the Minister for Justice, Equality and Law Reform the number of peace commissioners in the country; their range of responsibilities; and if he will make a statement on the matter. [2878/05]

Michael McDowell (Dublin South East, Progressive Democrats)
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There are 6,808 serving peace commissioners, of which 6,587 are available to the public and a further 221 were appointed in an ex officio capacity, mostly to prisons and places of detention but also to the Central Bank, the Revenue Commissioners, the Garda training college and a number of Departments.

A peace commissioner is normally appointed to serve a county and the immediately adjoining counties. Appointments are made following an assessment of need in respect of an area for which a nomination has been received, in consultation with the Garda Síochána. The office of peace commissioner is an honorary appointment and peace commissioners receive no remuneration or compensation by way of fees or expenses for their services. An application for appointment may be submitted by a person who is interested in obtaining an appointment or a third party may submit a nomination in respect of a person considered suitable for appointment.

The duties and powers of a peace commissioner, as set out in section 88(3) of the Courts of Justice Act 1924, allows for signing summonses, except against a garda, signing warrants, administering oaths and taking declarations, affirmations, information, bonds and recognisances and 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. Notwithstanding the evolving case law over the past decade, peace commissioners are no longer requested to exercise the powers to issue summonses, warrants for arrest or to remand persons in custody or on bail. 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.