Oireachtas Joint and Select Committees

Wednesday, 26 November 2014

Joint Oireachtas Committee on Justice, Defence and Equality

Judicial Appointments: Discussion

9:50 am

Dr. Laura Cahillane:

That is something that other jurisdictions have looked at, as I have mentioned. In Ontario, England and Wales, appointment commissions have to consider diversity when selecting candidates. In its submission of January this year, the Irish judiciary declined that approach and decided that it was not appropriate, because all appointments should be based on merit. However, there is a lot of research demonstrating that merit and diversity are actually compatible. We do not have to have one as opposed to the other. The issue of increasing diversity of minority groups - not just of gender - must, in my view, be taken into consideration by a Judicial Appointments Commission. It can be provided for in legislation. There may be issues with the Employment Equality Acts regarding making subjective appointments, but it has been done elsewhere and we should look at those other jurisdictions.