Judgment: 2024-05-07 · Court archive

Supreme Court directs oath commissioner applications to disclose suitability concerns

Chief Justice O’Donnell said future applications and supporting certificates must address matters relevant to an applicant’s suitability, including criminal convictions. He made no further order on a complaint after the commissioner resigned.

Supreme Court of Ireland · [2024] IESC 17

Who, what, where, when and why

Who
  • Declan Jordan
  • O’Donnell (Judge)
What

Chief Justice O’Donnell said future applications and supporting certificates must address matters relevant to an applicant’s suitability, including criminal convictions. He made no further order on a complaint after the commissioner resigned.

Where

No place detail is included in this summary.

When

Judgment:

Why

Reasons reported in the judgment

Because of the resignation, the Chief Justice said it was unnecessary to adjudicate on the complaint. He made no further order in respect of it. The ruling instead addressed the broader application process, saying applications should not be treated as a formality. It also said a serious conviction could itself disqualify someone from appointment, and a serious conviction after appointment could justify removal. For less serious offences, the circumstances might need inquiry; failure to disclose a recent conviction could itself be relevant to suitability.

The Supreme Court has directed that future applications to become a commissioner for oaths include a statement about matters relevant to the applicant’s suitability, including any criminal conviction, unless details are specified in the application. People supporting an application must make a similar statement.

Chief Justice Donal O’Donnell made the direction in a ruling delivered on 7 May 2024. The complaint concerned Declan Jordan, appointed as a commissioner for County Donegal in December 2020. The judgment says convictions for summary offences, including careless driving and failing to provide a blood or urine specimen, predated his appointment and were not disclosed in his application.

A Garda complaint had also alleged another offence arising from the same incident, but the judgment says no conviction for that allegation was attached. The ruling records that six local residents and business proprietors and six members of the legal profession had provided certificates supporting Jordan’s suitability. It also says the solicitors who acted for him on his application were unaware of the convictions at the time.

The Supreme Court initiated an inquiry under its practice direction, and the proceedings were listed for mention in January 2024. The Law Society of Ireland attended and made submissions. Shortly before the hearing, the court was informed that Jordan proposed to resign and had done so.

Because of the resignation, the Chief Justice said it was unnecessary to adjudicate on the complaint. He made no further order in respect of it. The ruling instead addressed the broader application process, saying applications should not be treated as a formality. It also said a serious conviction could itself disqualify someone from appointment, and a serious conviction after appointment could justify removal. For less serious offences, the circumstances might need inquiry; failure to disclose a recent conviction could itself be relevant to suitability.

Read the original court judgment

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