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AS REPOSSESSIONS OF both houses and belongings gather pace, talk of Ireland’s sheriffs is on the increase. But who are they, what do they do and, more importantly, what can’t they do?
A bit of history
The concept of a sheriff is a pre-Norman one and its continued existence in Ireland is a remnant of English law.
The word itself comes from the words shire and reeve, where reeve is old English for an agent of the king and shire is an administration subdivision.
Originally comprising of a single ‘high sheriff’ with many ‘under-sheriffs’, they were responsible for the enforcement of court judgements.
Changes in the 19th century took the enforcement of these judgements away from the high sheriff and into the hands of the under-sheriffs who then, in turn, handed over the responsibility to bailiffs.
After independence, the Court Officers Act of 1926 led to the high sheriff being abolished and the transfer of under-sheriff functions to county registrars as each under-sheriff post became vacant.
Back from the brink
Ireland’s sheriffs were on the way out, or so it seemed.
Due to the slow transfer of functions, however, years passed and existing under-sheriffs continued to enforce court judgements in parallel with court messengers, who were essentially doing the same job, but under the county registrar.
It wasn’t until 1945 that the office of under-sheriff in Dublin fell vacant. By this time, however, Dublin’s county registrar was stretched to capacity and so the law was later changed again to circumvent the issue.
In came Section 12 of the Court Officers Act 1945 (amended in 1964) where the then Minister for Justice Brian Lenihan altered the 1926 act as follows:
The powers, duties, authorities, rights and obligations of the former under-sheriff of the county borough of Dublin in relation to the execution of warrants issued under section 91 of the Lands Clauses Consolidation Act, 1845, are hereby transferred from the county registrar for the county borough of Dublin to the sheriff of the county borough of Dublin.
So sheriffs were back in business in Dublin and, indeed, Cork.
As time passed, however, a great many more county registrars became overburdened, which led to a failure to collect monies elsewhere.
Speaking to TheJournal.ie, the revenue sheriff for Waterford and Wexford, William Ruttledge, explains what happened next:
In the 1980s, the tax collection was found by the commission on taxation to be ‘in a very sorry state.’ Following this, the decision was taken to appoint 12 additional sheriffs, covering all the areas outside of Dublin and Cork. These sheriffs were drawn from the ranks of practising solicitors and are are colloquially known as revenue sheriffs.
So who does what in 2012?
Currently there are 16 sheriffs in Ireland. There are two in Dublin (city and county) and two in Cork (city and county), with a dozen more ‘revenue’ sheriffs throughout the country, whose primary responsibility is to collect taxes on behalf of the collector general.
What they do is written into law, as Ruttledge explains:
Each sheriff is obliged to establish, finance and supply his own office, any by order of the Minister for Justice, made with the consent of the Minister for Finance, the sole responsibility for the execution of certificates under section 485 of the Income Tax Act 1967 was vested in the new revenue sheriffs.
The very same powers that are outlined above are also applicable to the four sheriffs in Dublin and Cork, but they also have additional powers and responsibilities, including the ability, for example, to cover election counts.
Sheriffs tend to make the news, however, when they attempt to obtain the money to repay a debt which has been specified by court order. This can be in the form of payment or, failing that, in the removal and subsequent disposal of assets (a property and/or its contents).
It is this physical removal of either the contents and/or owner from a property that can lead to emotions running high.
For doing this they get a fee, known as ‘poundage’, which is set at 5 per cent of the first €5,500 that they seize and 2.5 per cent of the rest. Expenses are also provided for, as laid down in the Sheriff’s Fees and Expenses Order.
Why don’t they give the people that they’re evicting more time?
While it may appear that the people being evicted by the sheriff are the only ones under time pressure, the sheriffs themselves are working to a deadline.
Published in 1998, The Law Reform Commission’s report on debt collection says:
A sheriff who, without the consent of the judgment creditor, desists from execution on the basis of an undertaking from a judgment debtor to pay his debt by instalments may be liable to a judgment creditor who suffers loss as a result.
Ruttledge adds:
When the sheriff receives the certificate or warrant, he is duty bound to execute it by utilising all the powers available to him.
These powers often include the use of bailiffs.
When they decide to act depends on the creditor and how soon they want to enforce the court judgement. Currently the creditor can set this in motion up to 12 years after the judgement date.
Once this is enforced, neither the sheriff nor the county registrar has to give advanced notice to the debtor.
In addition, while they should try to seize goods in a peaceful manner whenever possible, they are entitled to make a forced entry as required.
But debtors can get more time, right?
In a word, maybe.
The three nicest words that a debtor can hope to hear are ‘stay of execution’. The best way to get a court to grant one of these is for them to show that it isn’t their fault that they cannot repay the debt.
What can’t be taken?
The Citizens Information website breaks this down as follows:
The law provides that Sheriffs/County Registrars may not seize certain goods but this is effectively meaningless because of the amounts allowed. They may not seize your necessary clothes and bedding and the tools of your trade provided the value of such necessities is not more than £15 (€19).
They are required to list what they take, however, and give this list to the debtor within 24 hours.
What can be taken?
Pretty much everything else. Items that are deemed to have a particularly low resale value may be left.
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Very interesting. When is Dr Reilly or Mick Wallace getting a visit?
The words ‘Pigs’ and ‘Fly’ come to mind
I presume when there is a court order against them due to be enforced. However I think Steve has already dealt with that point.
Thank you for the information Paul.
I can’t wait for the expose(s),
on reckless lending in our banks,
on NAMA,
on explaining how negative equity percentages in Ireland are multiples of other European countries,
and why the Irish government aren’t holding the real culprits (the banks) accountable as the brave Icelandic government have done.
I think I’ll be waiting.
Join the Anti-Eviction Taskforce presently supporting Seamus Sherlock who has been under threat for 3 weeks.Seamus and his young Family will not be Repossessed.http://www.facebook.com/messages/?action=read&tid=id.148766788597225#!/AntiEvictionTaskforce
In some counties, the Sheriff is also the registar. The Registar creates an Order, then puts on his Sheriffs hat and acts out that Order. This sounds illegal to me. Please go to youtube and look up sheriff portlaoise. Best clip on the net!
Typo error. Meant to say’Registrar’!
Great stuff DMC,
It is illegal, it’s a blatant conflict of intrests. most sheriffs operate as county registar, magistrate and sherrif. where is the seperation of powers to ensure no immoral fiancial gains?
This is all legalese !
they only have power over you if you consent to their “subject matter jurisdiction”
People need to get interested in lay litigation. the bar is a private company. you dont need a lawyer (LIAR!) just education on our Crown laws.
Made a claim through small claims court. Won. They wouldn’t pay because they knew there was no sheriff in Wexford area to enforce it. So much for small claims court; the low cost way of getting some commercial justice. And as for the sheriff system…. Both Useless.
Very interesting article however Brian Lenihan Snr became Minister for Justice in 1964 so either he amended the 1945 Act or he had no involvement. Again very good piece.
Hi Brian,
Nice spot. Have updated now.
Cheers,
Paul
if this recession keeps up and the government/banks keep pissing people off the new number 1 song in ireland could be “I Shot the sheriff” if banks and local councils send them out more and more
If TV and film has taught me anything, its that sheriff’s are totally bad-ass with loads of cannon fodder soldiers. With swords and crossbows!
An excellent low down of who the (Dublin City) sheriff is, what he does and what he can’t do, here:
http://www.youtube.com/watch?v=WpOTiWWgYdE
Do they wear a ten gallon hat?
Notice to Sheriff and all members of the BAR (British Accredited Registry)
There are no provisions in the Irish Constition for your offices –
Vacate Now!
there are ordinary and revenue sheriffs. same for Dublin and Cork . ordinary sheriff run by courts services and revenue appointed by gov. normally a solicitor. this week due to Galway races no sheriff were available. great job if u cn get it!
save for Dn and Cork
“For doing this they get a fee, known as ‘poundage’, which is set at 5 per cent of the first €5,500 that they seize and 2.5 per cent of the rest. Expenses are also provided for, as laid down in the Sheriff’s Fees and Expenses Order.”
Here’s the great part. WE are the ones that pay this ‘poundage’. I don’t mean by taxes. We are actually required to pay this fee to the sheriff – it’s there on his piece of paper in black and white. I have a ‘warrant’ here with a nice breakdown of what’s owed and there under it all… fees and expenses, billable to me. So not only have we reached rock bottom and these people can break in and steal stuff from us, using force to cause criminal damage if necessary, we also have to pay them to do it! Sure why not make them a cup of tea while they’re here…before they take the kettle? You couldn’t make it up!
Made a claim through small claims court. Won. They wouldn’t pay because they knew there was no sheriff in Wexford area to enforce it. So much for small claims court; the low cost way of getting some commercial justice. And as for the sheriff system…. Both Useless.
This is a great article, very informative another article explaining Bailiffs and how they are appointed and what their functions are would be very useful too. My particular interest in Sheriffs is their role in the democratic process e.g.
Who funds them in their role as city and county returning officers? who pays for the rent of polling stations and presiding officers and polling station staff? How are the staff for these polls recruited? and how transparent and open is this recruitment process? Is this recruitment process open to all citizens and how fair is it to everyone in the current economic environment especially to the unemployed?
Folks,
The office of Sheriff is indeed a tasty subject and one we here are thrashing out in Dundalk and indeed every corner of this island.
Eugene Dooley (ME) was evicted (now back in) from his “home” last October 16th 2012. We have been busy seeking justice for the action of the Sheriff we believe now was illegal. The following document I think you will find interesting as it points out the Sheriffs guidelines for enforcement when collecting “tax” or business debt (commercial??).
Considering my home is neither a business nor is it an investment and I guess we should look at our constitution further to see how we are “all” protected in our homes why are people being evicted at all???
The actions of “Debtoptions” (see them on facebook) have greatly helped my case. Not only am we seeking justice against the bank s, whom continue to ignore my requests and correspondences relating to information which should be available to me, we are also looking at a Mortgage strike through out Ireland.
Also we are pursuing the Sheriff of Louth with vigour, the information thats now available and the litany of unanswered questions have us all very suspect indeed.
We are growing in confidence every day as our ranks swell with people and their0 ever growing base of knowledge.
Knowledge will set us free after all.
For info on,
1. Revenue Statistical Report – Sheriff and Solicitor Enforcement Section
2. Guidelines for Sheriff Enforcement
3. Sheriff’s Code of Practice
http://www.revenue.ie/revsearch/search.jsp
Michael Skellig wondered how these people get appointed… I’m sure there are some more guidelines somewhere, they are civil servants are they not???
Yours in Life & Living,
Eugene of the ancient clan Dooley
Prerequset is to be psychopath
So there are Revenue Sheriffs too charged with collecting taxes. So where does Customs, also acting as agents of revenue collection come into play?
Really good article Paul. I tend to agree with the majority of the comments though as far as – ok we know how it works but it is only aimed at the normal Joe Soap.
The info above is great though. Would you perhaps do a story on Iceland and how the “Basket Case” country is now in growth and basically debt free?
Sheriff and regresta can not take anything unless you consent. Don’t allow entry ,video everything and he’ll get nothing.
So how are these people appointed? Are the positions advertised to the open market and tendered? It seems like the kind of job that is coveted and handed out to friends.
Powers of the sheriff or regrestrar to Evict where abolished in 2009.
Every sheriff or regrestrar Eviction since has been a crime.
just a monopoly so it is! anyone can be a lay litigator . don’t give them jurisdiction over you!
Nicely explained
They follow a similar role here in Canada, acting as a sheriff/bailiff. But in addition the also handle prisoner transport between jail/prison and the courts.
In some provinces (they fall under Provincial and not Federal administration), they may also have the ability to enforce traffic laws (re: hand out speeding tickets). But this is a new expansion of their use.
Who shot the deputy
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