Peace Commissioners

jimmylawman

Peace Commissioners are appointed by the Minister for Justice.

People working in a solicitor's office or clergymen are ineligible.

Does that mean Solicitors are ineligible or just their office staff?

Are Barristers eligible? Judges?

What are the benefits of being a PC? Is it a reflection of ones standing in the community - would it maybe attract more business for a Solicitor to be one?

dermot_sheehan

It's an unpaid position that allows you to take oaths without payment. There is also certain statutory provisions allowing search warrants etc to be issued by them, they replace Justices of the Peace who existed before 1921.

Persons working in a solicitor's office I suspect are excluded from appointment since it is supposed to an independent position and if that firm were to represent someone searched on foot of a peace commissioner's warrant, there would be a conflict of interest.

Similarly a solicitor is entitled to administer oaths himself in any action in which he is not representing a party (solicitors act 1994). If a solicitor had an employee who was a peace commissioner he could have that employee administer the oath himself, getting around this restriction.

Judges it would conflict with their office. A practicing barrister would also conflict with their position I imagine too.

Most people who are PC tend to be local politicians where an ability to administer oaths for free would come in use with their constituents.

vector

It is important that PCs exist... because they are the ONLY category of persons who can sign stat decs in Ireland FOR FREE... yes Solicitors etc might do it for free but a PC cannot charge.

As for standing in the community, well yes I like te idea but in practice most people dont know what a PC is (well those reading this text will because they've just googled it) but most people on the street dont.

Our man in Havana

My next door neighbour is a PC which I finds very handy for witnessing signatures on various forms.

GusherING

Not all PCs are local politicians but the selection of them is really done through political connections.

detective

Peace Commissioners really do a great job. As a Garda they always seem to be on hand when you need them, which is a lot. As an organisation we owe them an unpayable gratitude.

vector

@detective...

I'd say you mean for stat decs of service, maybe an urgent drugs search warrant, but can they still sign summonses for the gardai? (or indeed anyone) that supreme court case IIRC never clarified if signing a summons was a judicial or administrative act

I say its administrative (as a court clerk can also sign) and PCs should be allowed sign summonses

MagicSean

vector wrote: »

@detective...

I'd say you mean for stat decs of service, maybe an urgent drugs search warrant, but can they still sign summonses for the gardai? (or indeed anyone) that supreme court case IIRC never clarified if signing a summons was a judicial or administrative act

I say its administrative (as a court clerk can also sign) and PCs should be allowed sign summonses

Yes they can sign summons. Its a real pain. Shouldn't be needed at all.

JCJCJC

I'm a PC. I haven't signed summonses for years, and I've never been asked to detain someone or set bail, I think that's all gone as a matter of practise rather than law. It's mostly foreign adoption papers I get asked to sign. The strict protocol is that I witness the signature of the declarant who is known to me or is made known to me by somebody whom I do know. I don't sign if it isn't 100% right but people look at me in amazement if I refuse. I'm not a local politician but I am a law graduate, and I was a PC long before I graduated. It's a very minor role compared to a Commisioner for Oaths or a Notary Public.

JC PC

cushtac

JCJCJC wrote: »

I'm a PC.

Was Windows 7 your idea?

Xavier101

Hi, I'm a Peace Commissioner (PC). A list of active PC is available in the local Garda Station. The role is voluntary, unpaid, and we should not ask for payment either. Check first! It's a Public Service. I sign any document that needs to be witnessed by a Peace Commissioner. It should say so on the document. I also sign Warrants of arrest, search and seizure etc.