Dáil debates

Tuesday, 25 May 2004

2:30 pm

Photo of Bertie AhernBertie Ahern (Dublin Central, Fianna Fail)

There is nothing to suggest the Minister made any inquiries or received any representations on the appointment of Judge Curtin. Judge Curtin was one of a list of persons approved for appointment to a vacancy in the Circuit Court by the judicial appointments advisory committee. At the time of Judge Curtin's appointment, the Minister, who was then the Attorney General, was aware of no matter which could adversely affect the suitability for appointment to the Bench. Judge Brian Curtin was appointed to the Circuit Court in accordance with the terms of the Courts and Court Officers Act 1995. That established the judicial appointments advisory board which is comprised of the Chief Justice, the Presidents of the High Court, Circuit Court, District Court, the Attorney General, two representatives of the legal profession and up to three representatives of the public interest appointed by the Minister for Justice, Equality and Law Reform and wherever a judicial vacancy arises the board may advertise for applicants.

Applicants for judicial appointments require officers to complete application forms, consult persons concerning the suitability of applicants for the board, invite persons identified by the board to submit their names for consideration by the board, arrange for the interviewing of applicants who wish to be considered by the board for appointments to judicial office and do such other things as the board considers necessary to enable it to discharge its functions under the Act. Persons who are not already judges and who wish to apply for appointment to the Bench apply to the board. The board assesses the applicants and recommends at least seven names to the Government in respect of each vacancy. In the normal course, the Government chooses from among the recommended names the one person who will fill any given vacancy. In this case Brian Curtin was recommended by the board for appointment to a vacancy in the Circuit Court in 2001. He was later appointed to fill that vacancy. At that time he was a very successful barrister at the Munster Circuit Court and to my knowledge neither the board nor the Government was at any time aware of any reason he should not have been appointed.

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