Martin Kenny (Sligo-Leitrim, Sinn Fein)
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1. To ask the Tánaiste and Minister for Justice and Equality the number of vacant positions currently in the Judiciary on all courts; and if she will make a statement on the matter. [42653/20]

Martin Kenny (Sligo-Leitrim, Sinn Fein)
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I would also like to congratulate the Minister on her pregnancy. It is always good to have children coming into the world, particularly here in the Oireachtas. Hopefully she will set a trend.

I wish to discuss the number of vacant positions in the Judiciary, including on the Supreme Court, the Court of Appeal, the Circuit Courts and the District Courts. I ask the Minister to make a statement on the matter. This question has had great traction in recent weeks and has been the source of great tension. It is clear that we need to do something to make our system better.

Helen McEntee (Meath East, Fine Gael)
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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.

Martin Kenny (Sligo-Leitrim, Sinn Fein)
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I thank the Minister. One issue that has clearly come to the fore is the difficulty we have in ensuring a clear and transparent process. I welcome the new commission and I hope it will bring clarity. For any position in the private sector, the public sector or anywhere else, there is generally a clear process. People can understand why a person gets the position he or she gets over the heads of others. That is appropriate and proper. It should be the case in the judicial system as well. We know that a former member of the Government, Shane Ross, made a great effort to do something about all this and, unfortunately, did not get very far. I hope we can do something that can actually deliver for people. I am aware that High Court judges feel that they are under pressure and are continually seconded to do other work such as preparing reports or overseeing certain bodies or commissions. They then find they do not have the time and energy to deliver the type of judicial system they want.

Helen McEntee (Meath East, Fine Gael)
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I reassure the Deputy that bringing forward legislation to establish a new commission to replace the JAAB is a commitment of the programme for Government. I have committed to doing this as quickly as possible. It is important that we have a very clear process and that people understand it. I have just outlined the current process. I have adhered to that process at every stage of the six appointments that have been made since I became Minister, but it needs reform. As the Deputy said, there has been a lengthy debate in recent years. I hope the debate will not be of similar length when I introduce new legislation. It is important that we pass it as quickly as possible, but people must have confidence in this process. I assure the House that a process has been adhered to in appointments in recent years. Everybody who has been appointed has done their job well. That is reflected in the work of our courts.

Martin Kenny (Sligo-Leitrim, Sinn Fein)
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I thank the Minister. It would be useful if she could give us a date by which she expects to introduce that legislation. Will it be in the first quarter of the coming year? When does she expect us to get it through the Oireachtas? This has become an urgent issue of grave public interest and concern. The sooner we can get down to brass tacks and deal with this issue, the better.

Helen McEntee (Meath East, Fine Gael)
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I do not want to pre-empt this process but I hope to bring the legislation forward before the end of this term. If that does not happen, I will introduce it very early in the new year. I would like to see the legislation enacted in the first half of next year and avoid allowing the debate to go on throughout 2021.