Pauline Tully (Cavan-Monaghan, Sinn Fein)
Link to this: Individually | In context | Oireachtas source

282. To ask the Tánaiste and Minister for Justice and Equality to detail what is considered a serious offence that would prevent the appointment of a Peace Commissioner; the process by which a peace commissioner is removed from their role if they commit a serious offence while serving in this capacity; the person or body is responsible for the removal of a Peace Commissioner if they commit a serious offence while serving in this capacity; and if he will make a statement on the matter. [3772/23]

Simon Harris (Wicklow, Fine Gael)
Link to this: Individually | In context | Oireachtas source

Peace Commissioners are appointed and, may be removed from that appointment, by the Minister for Justice under section 88 of the Courts of Justice Act 1924.

There are no qualifying examinations or educational standards required to be appointed as a Peace Commissioner but applicants are required to be a person of good character. Anyone who has been charged with or convicted of a serious offence will not be considered for appointment. Where there is evidence that an applicant has been charged with or convicted of an offence, each case is examined on its own merits having regard to the nature of the offence, penalty imposed by the Courts, where applicable, and the length of time since the offence occurred.

The fact that an applicant or nominee may be suitable for appointment does not, in itself, provide any entitlement to appointment as appointments are made entirely at the discretion of the Minister for Justice. Factors such as the need for appointments in a particular area and regional requirements are also taken into account.

Where the Minister for Justice has been informed of the commission of an offence by a Peace Commissioner, a report is sought from An Garda Síochána to ascertain the type of offence and, where applicable, the decision of the relevant Court. Following receipt of the report, a submission is prepared if necessary, outlining the nature of the offence and the penalty imposed by the Court, for consideration by the Minister. Again, where convicted, the nature of the offence and the penalty imposed will be relevant considerations in reaching a decision on whether the person should be permitted to continue as a peace commissioner. If it is decided that a serious offence is involved, the Peace Commissioner would be immediately removed from the Roll of Peace Commissioners and instructed to cease operating in this capacity.

The Deputy may wish to note that it is intended to review and reform the role of Peace Commissioners and this will commence very shortly. This review will include consideration of grounds for appointment and removal of an individual Peace Commissioner.