Paul McAuliffe (Dublin North West, Fianna Fail)
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473. To ask the Tánaiste and Minister for Justice and Equality if she will expand the responsibility of the role of Peace Commissioner and grant permission to sign and witness affidavits for social housing applications; and if she will make a statement on the matter. [60703/22]

Heather Humphreys (Cavan-Monaghan, Fine Gael)
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As the Deputy may be aware, Peace Commissioners are appointed by the Minister for Justice under section 88 of the Courts of Justice Act 1924.  A Peace Commissioner is an honorary appointment and those appointed do not require particular training or qualifications and receive no remuneration or compensation by way of fees or expenses for their services. 

The current powers and duties of Peace Commissioners consist primarily of: 

- Taking statutory declarations

- Witnessing signatures on documents if required byvarious authorities

- Signing certificates and orders under various Acts

The Courts of Justice Act 1924 also gives Peace Commissioners the power to issue summonses and warrants but these powers are now rarely used. 

The Deputy will be aware that the Minister for Justice has no role in relation to social housing applications. I have however been informed by the relevant Department, the Department of Housing. Local Government and Heritage, that the social housing application form does not, in general, need to be witnessed by a third party.

I am further advised by that Department, that a signed affidavit or letter is required in circumstances where there is no separation or divorce agreement in place.

In these circumstances the affidavit or letter should confirm there is no formal separation agreement and no court proceedings pending under family law legislation, as well as the position regarding maintenance payments, overnight access and custody arrangements for children, and property ownership.

This requirement has been in place since the Social Housing Assessment Regulations were introduced in 2011, which standardised the assessment process, and I understand that the Minister for Housing, Local Government and Heritage has no plans to change this requirement at this time.

Peace Commissioners provide an important service to communities, including in relation to witnessing statutory declarations, but I am sure the Deputy will appreciate that it is for the Minister for Housing to decide if those services are appropriate for the different documentation that may be required in support of a social housing application.