Finian McGrath (Dublin North Central, Independent)
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Question 387: To ask the Minister for Justice, Equality and Law Reform the position regarding the appointment of peace commissioners; and if he will make a statement on the matter. [7672/06]

Michael McDowell (Dublin South East, Progressive Democrats)
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Peace commissioners are appointed under section 88 of the Courts of Justice Act 1924. 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. Nominations are generally received from public representatives. A local Garda superintendent sometimes requests an appointment in a particular area in the public interest.

There is no qualifying examination involved but appointees are required to be of good character and they are usually well established in the local community. Persons who are members of professions or employed in occupations which engage in legal work or related activities and members of the clergy are, as a matter of practice, not appointed because of their occupation. Civil servants are usually only appointed where the performance of their official duties requires an appointment, that is, ex officio. Persons convicted of serious offences are considered unsuitable for appointment.

The fact that an applicant or nominee may be suitable for appointment does not in itself provide any entitlement to appointment because appointments are made at the discretion of the Minister for Justice, Equality and Law Reform and having regard to the needs of particular areas. I am reviewing the position regarding the appointment of peace commissioners in certain areas consequent to legal advice and I expect to bring forward legislative proposals to clarify the position in the near future.