Jim O'Callaghan (Dublin Bay South, Fianna Fail)
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12. To ask the Tánaiste and Minister for Justice and Equality when the proposed new Judicial Appointments Commission will be in place; and if she will make a statement on the matter. [17509/16]

Jim O'Callaghan (Dublin Bay South, Fianna Fail)
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Since December 2015, there has been a vacancy on the Court of Appeal. The Courts Act 2015 was enacted in December 2015 which increased the number of High Court judges by two, so there are vacancies for two more High Court judges. There are also vacancies in the Circuit Court and the District Court. When does the Government intend to nominate appropriately qualified individuals to fill those positions? Is it the case that the Government is awaiting the establishment of the judicial appointments commission? If so, when will that happen?

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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In the programme for Government, there are some very significant commitments on change in the area of judicial appointments. I will be bringing proposals to Government for a general scheme of a judicial appointments Bill as soon as I am in a position to. The new judicial appointments commission is an important element of the policy framework agreement between our parties. The commitment in the new programme for Government will be reflected in the provisions of the general scheme, including the composition and chairing of the new authority.

There was a public consultation process held on this issue. Consultations indicate it is important to ensure the Judiciary retains the independence that is critical for the discharge of its constitutional function; that it reflects, as far as possible, the diverse nature of the society from which it is drawn; that it enjoys the confidence and trust of society; and that the Judiciary is appointed on merit. There are approximately eight vacancies across the courts at present which the Government will be considering in due course.

Jim O'Callaghan (Dublin Bay South, Fianna Fail)
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Sometimes people think that the filling of judicial vacancies is a matter to convenience judges or lawyers, which it is not. It is required in order to ensure that citizens who appear before our courts, who are anxious to secure and seek justice, have an opportunity to have their rights vindicated. When there is an absence or shortage of judges and vacancies that have not been filled, it interferes with the constitutional rights of those citizens and the families of victims of crime to have their cases heard promptly. We are now in a situation where we have waited for six months for the appointment of appropriately qualified persons to the Court of Appeal and the High Court. There needs to be some level of urgency to the Government's deliberations on this matter. Where the process has gone through the Judicial Appointments Advisory Board and we are just waiting for Government nominations, it is crucial that the Government proceeds to make nominations to fill vacancies in the Judiciary rather than waiting to find out what will happen with the judicial appointments commission.

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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I note what the Deputy says about the impact of vacancies on the court. We expect at least ten this year. The business of every court is affected to some degree and we do not want to see justice being delayed. I cannot be definitive on the matter today but the Government is likely to determine the approach to be taken on this matter in the coming weeks, taking all relevant matters into account. I note the point the Deputy makes about the impact of vacancies and I am very aware of that in the various courts. I would like to fill those vacancies as soon as possible.

Jim O'Callaghan (Dublin Bay South, Fianna Fail)
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If there is a desire within Government to try to delay the nomination of judges pending the establishment of the judicial appointments commission, I urge it to bring forward legislation promptly in respect of such a judicial appointments commission. That is something that Fianna Fáil intends to do. We believe the judicial appointments commission process should be amended so that the independent advisory body to Government will nominate a smaller number of individuals. At present under the Judicial Advisory Appointments Board, the number is seven and we think it should be reduced to three. We also think that individuals should be ranked on merit.

I am happy to work with the Tánaiste on the judicial appointments commission. Can she give an indication as to when she intends to bring that legislation before the House as it seems to be having an impact on the Government's decision to nominate individuals to fill vacancies?

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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I am sure the Deputy will agree that in advance of drafting that legislation, it is important to have consultation with all the relevant stakeholders. I welcome the Deputy's offer to work with the Government, particularly given that the policy he has outlined in terms of a smaller number is much in line with the changes we discussed during Government formation. The Council of Europe's Group of States against Corruption, GRECO, conclusions in the fourth evaluation round in Ireland found the Judiciary to be among the most trusted public institutions in the country. We have been very well served by the judges in this country despite some of the critical comments one hears about the nomination and selection of judges. That has been found to be the case based on the independent evaluation carried out by the Council of Europe. It is very gratifying that the principle of judicial independence was recognised by an international evaluation team, such as GRECO, and that the independence and professionalism of our judges is undisputed. The legislation will be complex and will need consultation. It will take some time to get to that legislation but I accept the points the Deputy has made on judicial appointments.