Alan Shatter (Dublin South, Fine Gael)

Under the Constitution, members of the Judiciary are appointed by the President on the advice of the Government. Applications for judicial appointments are dealt with by the Judicial Appointments Advisory Board, which was established pursuant to the Court and Courts Officers Act 1995. The board consists of the Chief Justice, the Presidents of the High Court, Circuit Court and District Court, the Attorney General, nominated representatives of the Bar Council and the Law Society and three persons nominated by the Minister for Justice and Equality.

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 the names of all persons who have informed it of their wish to be considered for appointment to that vacancy and the names of at least seven persons whom it recommends for appointment. Section 17 of the Act provides that these procedures shall not apply where the Government proposes to advise the President to appoint a serving judge. The Act further provides that the Government, when advising the President in regard to the appointment of a person to a judicial office, must first consider persons who have been recommended by the board. It is important to note that the board can neither submit nor recommend the name of a person unless he or she meets the eligibility requirements currently set out in law in respect of the post in question.

At an early stage following my appointment, I requested my officials to conduct an examination of the current judicial appointments procedure with particular reference to the practice in other jurisdictions. This review is wide-ranging and includes consideration of the following issues: the need to ensure and protect the principle of judicial independence; eligibility for appointment; composition of the Judicial Appointments Advisory Board; the appointments process; accountability in respect of its functioning; and promoting equality and diversity. I expect to be in a position to give further consideration to the matter when the review is completed in the first quarter of next year. I will bring any proposals for change before the Government in the usual manner. The Act further provides for the Government, when advising the President on the appointment of a person to a judicial office, must first consider persons who have been recommended by the board. It is important to note that the board can neither submit nor recommend the name of a person unless that person meets the eligibility requirements currently set out in law for the post in question.

At an early stage following my appointment, I requested my officials to conduct an examination of the current judicial appointments procedure with particular reference to the practice in other jurisdictions. This review is wide-ranging and includes consideration of the following issues: the need to ensure and protect the principle of judicial independence, eligibility for appointment, composition of the Judicial Appointments Advisory Board, the appointments process, accountability in respect of its functioning and promoting equality and diversity.

The review is ongoing and I expect to be in a position to give further consideration to this matter when the review is completed in the first quarter of next year. I will bring any proposals for change before the Government in the usual manner.

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