Peace Commissioner

Lentil Soup

Do you have to pay a PC to witness a declaration?

Also do you have to write the statement in their presence or just sign it in their presence

Do they keep copy? A friend of mine has to make a declaration which involves a third party.

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GerardKeating

https://www.boards.ie/discussion/2058289398/peace-commissioner

They are not allow to charge a fee, but might ask for a 'donation' to cover expenses.

More into here.

Lentil Soup

https://www.boards.ie/discussion/comment/120391265#Comment_120391265

Thanks. Would it be defamation to make a statement which is true but shows a third party in a possible bad light. "X told me he would do give something to Y but Y didn't confirm receipt. I don't know where the item is now"

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GerardKeating

https://www.boards.ie/discussion/comment/120391308#Comment_120391308

That would be for the Jury to decide :)

Peregrinus

1. The declaration does not have to be written in the presence of the commissioner. It very rarely is.
2. The usual form is that the declaration is prepared and brought to the commissioner and the declarant signs it in the presence of the Commissioner and avers (verbally) that it is true. The Commissioner does not read the declaration and does not know (or care) what is in it, or what it relates to. His role is simply to confirm that the declaration was made by the declarant.
3. Strictly speaking, it's not necessary for the declarant event to sigh the declaration in the presence of the commissioner. A declarant could bring a pre-signed declaration to the Commissioner, point to it and say something like "that is my name and handwriting and I say that the contents are true". But as the declarant has to appear in person before the commissioner anyway, there is no particular reason not to sign in the commissioner's presence.
4. Yes, a sworn declaration can be defamatory. But declarations are usually made in the context of court proceedings and so are protected by privilege.
5. You wouldn't normally make a declaration saying that "X was to give something to Y but Y has not confirmed receipt". The person who can give evidence that Y did not receive the thing is Y, so you would want Y to make a declaration saying that he never receive the thing. Somebody else saying that Y never received the thing is not the best evidence.

Lentil Soup

https://www.boards.ie/discussion/comment/120394320#Comment_120394320

Many thanks

Re 4 it is.not court proceedings

,Re 5 can you say "x said he would give it to y"

Does the PC keep a copy?

Peregrinus

https://www.boards.ie/discussion/comment/120394769#Comment_120394769

You can say "X said that he would give it to Y"; that's evidence as to, e.g., the intentions of the person who gave whatever it was to X, the commitments X made, the purpose of the whole transaction, etc, all of which might be relevant to the dispute at issue. But if you want to prove that Y never got it, you need a witness who can testify to that from their own knowledge - ideally Y but it could be e.g. Z who got it instead of Y and still has it, or W who say X give it to some third party, or destroy it, or whatever. A, who gave the item to X to give to Y, is unlikely to be in a position to give direct evidence, from his own knowlege, that Y never got it.

No, the commissioner does not keep copies of the instruments declared before him.

Lentil Soup

Thanks @Peregrinus

Much obliged.