Written answers
Tuesday, 23 October 2012
Department of Justice and Equality
Judicial Appointments
Micheál Martin (Cork South Central, Fianna Fail)
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To ask the Minister for Justice and Equality his plans to change the way in which judges are appointed; and if he will make a statement on the matter. [41509/12]
Alan Shatter (Dublin South, Fine Gael)
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The Deputy will be aware that under the Irish Constitution judges are appointed by the President on the advice of the Government. Such appointments are dealt with by the Judicial Appointments Advisory Board which was established pursuant to the Courts and Court Officers Act 1995. Under section 16 of the Act, where a judicial office stands vacant or before a vacancy in a judicial office arises, the Advisory Board submits to me, as Minister for Justice and Equality the names of the persons recommended for appointment. I then bring the names to Government and the Government decides the nomination. Section 17 of the same Act provides that these procedures shall not apply where the Government propose to advise the President to appoint a serving judge.
A review of the current appointment procedure is ongoing and the matter will be considered further on completion. The review is wide-ranging and includes consideration of the following issues:
- the need to ensure and protect the principle of judicial independence;Any proposal to revise the current system of judicial appointments would involve amendment of the legislation and would, of course, be a matter for consideration by Government in due course.
- eligibility for appointment;
- composition of the Judicial Appointments Advisory Board;
- the appointments process;
- accountability in respect of its functioning; and
- promoting equality and diversity.
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