Alan Shatter (Dublin South, Fine Gael) | Oireachtas source

The Deputy will be aware that the Constitution provides that judges are appointed by the President on the advice of the Government. Applications are dealt with by the Judicial Appointments Advisory Board which submits to me, as Minister for Justice and Equality, the names of those deemed suitable for appointment. This procedure has been in place since 1995 and, at my request, my Department has been undertaking a review of the process. This review is informed by the ongoing need to ensure and protect the principle of judicial independence and includes consideration of eligibility for appointment, composition of the Judicial Appointments Advisory Board, the selection process, accountability in respect of the board's functioning and the need to promote equality and diversity.

I hope to be in a position to consider this further in the coming months. Any proposal to change the current system of appointment would require amendments to the current legislation and would, of course, be a matter for consideration by Government in the first instance.

From a broader reform perspective, the programme for Government undertakes to legislate to establish a judicial council and this commitment is being given expression in the form of the proposed judicial council Bill. As well as providing for the establishment of a judicial council and board that will promote excellence and high standards of conduct by judges, the proposed Bill is aimed at providing a means of investigating allegations of judicial misconduct supported by the establishment of a judicial conduct committee which will have lay representation.

In November 2011, the Judiciary decided to establish an interim judicial council pending the publication and enactment of the proposed Bill. Work on the drafting of the new Bill continues and publication of the Bill is expected later this year.

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