Clare Daly (Dublin Fingal, Independent) | Oireachtas source

I move amendment No. 149:

In page 32, between lines 16 and 17, to insert the following:“ Appointment as Chief Justice, President of the Court of Appeal, and President of the High Court

46. (1) Where—

(a) the judicial office of Chief Justice, President of the Court of Appeal or President of the High Court stands vacant, or

(b) the Minister reasonably apprehends that any of those offices will stand vacant,

the Minister shall request the Commission to seek expressions of interest on the part of eligible persons who wish to be considered for appointment to such office.

(2) Upon receiving the expressions of interest referred to insubsection (1)the Commission shall consider the suitability of all eligible persons expressing such interest and recommend, based on merit, to the Government, ranked in the order of the Commission’s preference, the 3 most suitable candidates for appointment to the judicial office referred to in subsection (1).

(3) The Commission may accept expressions of interest from eligible members of the Commission.

(4) In deliberating or making a recommendation to the Government pursuant to this section, the eligible members of the Commission who have expressed the interest referred to in subsection (1)shall not sit as members of the Commission.

(5) If the President of the Court of Appeal has expressed, in relation to the judicial office, the interest referred to in subsection (1), the next most senior judge available shall sit in substitution on the Commission, that is to say whoever of the judges specified in paragraphs (b) to (k) of section 9 (substituted by section 28 of the Court of Appeal Act 2014) of the Courts of Justice Act 1924 ranks first in precedence (after the President of the Court of Appeal) in accordance with said section 9 and who is available to serve on the Commission (excepting for this purpose any such judge who, in relation to the foregoing judicial office, has expressed the interest referred to in subsection(1)).

(6) If the President of the High Court has expressed, in relation to the judicial office, the interest referred to in subsection (1), the next most senior judge available shall sit in substitution on the Commission, that is to say whoever of the judges specified in paragraphs (c) to (k) of section 9 (substituted by section 28 of the Court of Appeal Act 2014) of the Courts of Justice Act 1924 ranks first in precedence (after the President of the High Court) in accordance with said section 9 and who is available to serve on the Commission (excepting for this purpose any such judge who, in relation to the foregoing judicial office, has expressed the interest referred to in subsection (1)).

(7) If the Commission, having considered the suitability of all of those persons who have expressed the interest referred to in subsection (1) decides that it cannot recommend to the Government the names of 3 persons for appointment to the judicial office referred to in subsection (1) but can recommend the names of a lesser number of persons for that purpose, then it shall recommend to the Government the names of that lesser number of persons for appointment to the judicial office so referred to.

(8) The cases to which subsection (7) applies include a case in which the number of eligible persons who, in relation to the judicial office concerned, have expressed the interest referred to in subsection (1) is less than 3.

(9) If the Commission cannot, in accordance with this Act, recommend to the Minister any names of persons to fill a judicial vacancy referred to in subsection (1), the Minister shall request the Commission to seek expressions of interest on the part of eligible persons who wish to be considered for appointment to such office at three-monthly intervals until such time as the Commission is satisfied, subject to subsection (2), to recommend at least one person to the Minister to fill the judicial vacancy concerned.

(10) In this section "eligible person" means a person who the Commission is satisfied is qualified for appointment to the judicial office concerned by virtue of section 5 or 45A of the Act of 1961.

(11) In this section "eligible member" means a member of the Commission who the Commission is satisfied is qualified for appointment to the judicial office concerned by virtue of section 5 or 45A of the Act of 1961.”

I will try to be brief. The general idea of the group of amendments is to do away with the senior judicial appointments committee proposed in the Bill and instead have the commission as a whole do the job of making appointments to the role of Chief Justice, President of the Court of Appeal and President of the High Court. At present, the Bill envisages a committee made up of the Chief Justice, the Attorney General, the chairperson and possibly the Minister to make the most senior judicial appointments. The Minister's presence in this is not clear. The Bill speaks about the Minister convening a meeting but it is not really clear what his or her role would be on it. It would be good to have it clarified. It is a contradiction in the Bill and I would like to see the commission doing the job. I do not like the political composition, the small size and the fact that the commission would be sidelined in such critical appointments is not good. What is the point in going to all the trouble of setting up a commission like this and then giving the job to a tiny committee at the side for the most important appointments?

This amendment would add other provisions to deal with senior judicial appointments, such as empowering the commission to rank them, as we discussed. I will not go over that again. It would also fix what might be a loophole in the Bill, as if the commission cannot recommend three people there would be the ability to recommend fewer. That is not currently provided for in the Bill. There is also an advertising element. This would get rid of that mad committee, give the power to the commission and tidy up some other elements.