Oireachtas Joint and Select Committees

Wednesday, 26 November 2014

Joint Oireachtas Committee on Justice, Defence and Equality

Judicial Appointments: Discussion

9:50 am

Photo of Ivana BacikIvana Bacik (Independent) | Oireachtas source

I read the Judicial Appointments Review Committee's report and was struck by what Dr. Cahillane has referred to as self-perpetuation by the Judiciary. That seems to be the danger of many of the recommendations the review committee has made. Dr. Kenny also picked up on the report's suggestion of increasing the requirement for professional practice. It seems this is just picking more of the same rather than increasing diversity.

In Dr. Carroll MacNeill's presentation, she pointed out that the Judicial Appointments Advisory Board, JAAB, is not using the powers that are provided to it in the legislation. If one looks at the JAAB reports, one sees this straight away. For example, where there is a pool of perhaps 100 applicants for the District Court, rather than recommending seven names, which significantly narrows Government's choice, the JAAB is recommending many more than seven. How does Dr. Carroll MacNeill think this could be changed short of legislative amendment, or is legislative amendment required?

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