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

The Deputy will be aware that, under the Constitution, judges are appointed by the President on the advice of the Government. The current process for the appointment of judges is set out in sections 12 to 17, inclusive, of the Courts and Court Officers Act 1995 which established the Judicial Appointments Advisory Board. Under the existing system of judicial appointments, the board submits to me, as Minister for Justice and Equality, the names of the persons who have applied for appointment and whom it recommends as suitable for appointment. This procedure has been in place since 1995 and, at my request, my Department is undertaking a review of the judicial appointments process. This review will consider how best to ensure and protect the principle of judicial independence and includes consideration of issues such as the appointment process, eligibility criteria, the role of the Judicial Appointments Advisory Board and the need to promote equality and diversity.

In December I initiated a public consultation process which involved not only members of the Judiciary and the legal profession generally but also engaged the broader public who benefit daily in innumerable ways from the protection of an independent Judiciary. A number of submissions have been received to date and they will be considered within my Department and by me. The consultation process sought submissions within the current constitutional provisions. Any proposal to introduce a new system of appointments which would require statutory amendments would, of course, be a matter for consideration by the Government in the first instance.

As the Deputy may be aware, Deputy Shane Ross has published a Private Members' Bill relating to the system of judicial appointments. A debate on the Bill will afford a useful opportunity for Members of the House to discuss what they would consider to be an appropriate reform. It was always my intention that we would have such a debate after we had the opportunity to review the submissions received. Unfortunately, on the designated date for the discussion of Deputy Shane Ross’s Bill, 21 February, I will be in Greece on Government business in my capacity as Minister for Defence attending the informal Defence Ministers’ Council which is part of the Greek EU Presidency programme. Despite contact with the Deputy’s office with a view to changing the date for discussion of the Bill in order that I could be present to hear what Members had to say and participate in the debate, as of today I am disappointed to note that it has not proved possible to agree an alternative date for discussing the Bill, but I hope it will be possible to do so.

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