Price-fixing for witnessing an affidavit

Renny Barrett

The other day I had to get 5 affidavits witnessed, and had to pay 5 x €10 to my local Commissioner for Oaths for the privilege. It was only a few minutes work for him and didn't take him much longer than it would have done to witness a single affidavit; in other words, it wasn't 5 times as much work.

It seems that the fees for witnessing affidavits are set by the courts: http://www.courts.ie/rules.nsf/a04900037d4faff080256db7003994fe/13e53eab9d733d9a80256f800060d01c?OpenDocument .

This, to me, seemed anti-competitive, so I wrote off to the Competition Authority. Their (predictable?) reply is below... Anyone any thoughts on whether you agree that there's a rip-off situation here, and if so any ideas what to do about it?

==============
"Thank you for your complaint received 12th April 2013, in which you outline your concern that you are unable to “shop around” between different solicitors to get a competitive price for affidavits witnessed by a Commissioner for Oaths.
The Competition Authority is established by statute to enforce the Competition Act 2002 (“the Act”), which prohibits (a) anti-competitive arrangements (i.e. price-fixing) and (b) abuse of a dominant position by “undertakings”. After examining your query, there is no evidence of anti-competitive arrangements or abuse of a dominant position by undertakings. Therefore, it does not appear that any breach of competition law has taken place.
The Competition Authority also has the statutory function to advocate reform of legislation, regulations and administrative practices that have anti-competitive effects. A Commissioner for Oaths is appointed by the Chief Justice. To ensure that the important function of a Commissioner for Oaths is not open to abuse fees payable are regulated through statutory instruments by the Government.
The setting of these rates is solely a matter for Government and the Authority has no role to play or influence in determining them. The Competition Authority does not intend to examine this issue any further. If you have any questions in relation to this query please do not hesitate to contact me."

foggy_lad

They must charge as that is the law, it would be different if they were doctors or accountants or architects charging for their professional serrvices as they have the ability to offer you discounts but the charges for the services of the commissioners for oaths is set by law (S.I. No. 616 of 2003).

sandin

If they could set their own fee you'd probably pay €50 for each. By setting it at a nominal fee of €10 its both worth the while in a way for the solicitor to do and and also you don't feel ripped off.

The fact that you have 5 to sign is quite unusual.

Btw - you also have to account for other costs - time + office in public area + time spent in college.

If everythign was priced just for the couple of minutes of the actal physical work, sure nobody including probably yourself would get paid any sort of living wage.

keithclancy

Renny Barrett wrote: »

The other day I had to get 5 affidavits witnessed, and had to pay 5 x €10 to my local Commissioner for Oaths for the privilege. It was only a few minutes work for him and didn't take him much longer than it would have done to witness a single affidavit; in other words, it wasn't 5 times as much work.

It seems that the fees for witnessing affidavits are set by the courts: http://www.courts.ie/rules.nsf/a04900037d4faff080256db7003994fe/13e53eab9d733d9a80256f800060d01c?OpenDocument .

This, to me, seemed anti-competitive, so I wrote off to the Competition Authority. Their (predictable?) reply is below... Anyone any thoughts on whether you agree that there's a rip-off situation here, and if so any ideas what to do about it?

==============
"Thank you for your complaint received 12th April 2013, in which you outline your concern that you are unable to “shop around” between different solicitors to get a competitive price for affidavits witnessed by a Commissioner for Oaths.
The Competition Authority is established by statute to enforce the Competition Act 2002 (“the Act”), which prohibits (a) anti-competitive arrangements (i.e. price-fixing) and (b) abuse of a dominant position by “undertakings”. After examining your query, there is no evidence of anti-competitive arrangements or abuse of a dominant position by undertakings. Therefore, it does not appear that any breach of competition law has taken place.
The Competition Authority also has the statutory function to advocate reform of legislation, regulations and administrative practices that have anti-competitive effects. A Commissioner for Oaths is appointed by the Chief Justice. To ensure that the important function of a Commissioner for Oaths is not open to abuse fees payable are regulated through statutory instruments by the Government.
The setting of these rates is solely a matter for Government and the Authority has no role to play or influence in determining them. The Competition Authority does not intend to examine this issue any further. If you have any questions in relation to this query please do not hesitate to contact me."

Same deal with the Department of Foreign affairs