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Report backs retention of sheriffs

A report published by the Department of Justice has recommended retaining the office of sheriff, describing it as “an effective debt-collection mechanism”.

Sheriffs enforce court orders obtained by a creditor, while they also undertake debt recovery on behalf of Revenue.

The Sheriff Review Group Report was commissioned in the wake of financial difficulties suffered by sheriffs during COVID-19 restrictions.

While sheriffs are appointed by Government after public competitions, they are not public servants, and are paid mainly on a commission or fee basis, commonly known as ‘poundage’.

Powers

The report makes 27 recommendations, which it says are aimed at supporting, modernising, and enhancing trust in the service.

It calls for a detailed code of practice governing sheriffs’ public and private debt-enforcement activity to be drawn up and implemented.

The report backs giving all sheriffs debt-enforcement powers on behalf of public bodies other than Revenue.

It also says that a person should not be eligible for appointment as sheriff “unless he or she is a barrister or solicitor who has practised for not less than five years”.

Licence

The report recommends that sheriff staff involved in enforcement activity should hold a relevant licence from the Private Security Authority.

It also sets out the criteria that should govern when a sheriff should cease to hold office.

The review group recommends “a more structured overall approach to inspection, accountability, audit, and oversight of the sheriff service” – including a duty on each sheriff to submit an annual report.

It says that sheriffs should be required to make a statutory declaration before the High Court, in which they undertake always to act fairly and impartially in performing their functions and exercising their powers.

The report also calls for a modernisation of the law governing sheriffs, and the repeal of obsolete statutes.