Dáil debates

Thursday, 10 December 2020

Ceisteanna - Questions - Ceisteanna ar Sonraíodh Uain Dóibh - Priority Questions

Judicial Appointments

9:00 am

Photo of Helen McEnteeHelen McEntee (Meath East, Fine Gael) | Oireachtas source

There are currently three vacancies on the national courts; one on the Supreme Court, one on a Circuit Court and one on a District Court.

As I outlined to the House on 26 November, it has been the practice to maintain a vacancy on the Supreme Court due to the reduction in waiting times achieved in that court in recent years. However, this arrangement is always kept under review, having regard to emerging pressures, planned retirements or any other issues.  When I met with the Chief Justice last week, he restated to me that there is no urgent need for this vacancy to be filled.

The vacancies on the Circuit and District Courts will be filled as soon as possible.  The Government is committed to ensuring adequate resources for the courts to provide access to justice for all citizens and to filling judicial vacancies at the earliest opportunity generally. Judicial appointments are made by the President acting on the advice of the Government, in accordance with Articles 13.9 and 35.1 of the Constitution.  As with all judicial vacancies, a request is made to the Judicial Appointments Advisory Board, JAAB, for a list of suitable candidates for appointment and the names of all those who applied. The JAAB recommendations are considered along with any expressions of interest from serving judges and all judges eligible for appointment.  As Minister for Justice, I then submit a memorandum for Government to the Cabinet agenda, at which point the Cabinet agrees on a nominee for appointment by the President.

The programme for Government contains a commitment to reforming the judicial appointments process and I intend to bring forward new legislation to do this very quickly.  I will shortly seek the approval of the Government for the general scheme of a judicial appointments commission Bill providing for the establishment of a new commission to replace the JAAB. 

The programme for Government commits to the establishment of a working group to consider the numbers and types of judges required to ensure the efficient administration of justice over the next five years.  Preparatory work is under way within my Department and I anticipate that this group will be established very soon.

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