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Judicial Appointments Process: Statements (26 Nov 2020)

Helen McEntee: If I may respond to the last comment-----

Judicial Appointments Process: Statements (26 Nov 2020)

Helen McEntee: I hope I have clearly stated that a process is followed when appointing a judge to any court, not just the Supreme Court. As Minister for Justice, I have adhered to that process. I will outline it again for absolute clarity. I was appointed as Minister for Justice on 27 June. The following day I received briefings from my Department, one of which outlined that there was a vacancy on the...

Judicial Appointments Process: Statements (26 Nov 2020)

Helen McEntee: It is a legal requirement that in filling the position of a judge, that one does look at the JAAB list first. The opposite is the case when looking to fill the president of a court or the post of Chief Justice. One has a legal obligation to look at the sitting judge list or the expressions of interest list first. That is what is in the legislation and that is what I adhered to in this...

Judicial Appointments Process: Statements (26 Nov 2020)

Helen McEntee: On 16 June last year, a vacancy arose;on 4 February, the Chief Justice wrote to the Minister; on 17 February, there was a letter to the JAAB to try to fill that; on 18 February, the Minister responded to the Chief Justice's letter of 4 February indicating the issue to the JAAB to request a list; and on 25 February, the Chief Justice replied to the letter of 18 February indicating the JAAB...

Judicial Appointments Process: Statements (26 Nov 2020)

Helen McEntee: Again, I have outlined that a decision was taken by the interim Government not to appoint anybody except to the presidency of the High Court because of the obligations on the presidency and the requirement for that.. The decision was taken not to appoint anybody else. However, I was made aware on my first day that there was a vacancy, and that it was urgent. Even with that, I made sure...

Judicial Appointments Process: Statements (26 Nov 2020)

Helen McEntee: In terms of judicial conduct and that process, everything that has been done or needed to be done by myself, the Department and the Government has been done. The terms of reference are now being set out by the Judicial Council. It has a certain period to do that. I am assured it is working on that and will have that done as soon as possible. I assure the Deputy that everything that needed...

Judicial Appointments Process: Statements (26 Nov 2020)

Helen McEntee: I can confirm that no one is blocking it. There is a process. There is a timeframe. It is with the Judicial Council which is setting out the terms of reference. I am assured it will come back as soon as possible. From the perspective of this House, everything that has or could be done at this stage, has been.

Judicial Appointments Process: Statements (26 Nov 2020)

Helen McEntee: I can only refer to my previous comment. It is often the case where legislation is signed into law, there is a period of time before it is enacted. In this case, it is with the Judicial Council. It is setting out the terms of reference and I have no doubt that when it is done, this process and procedure will get up and running.

Judicial Appointments Process: Statements (26 Nov 2020)

Helen McEntee: The Minister of the day asks the Judicial Appointments Advisory Board to set the wheels in motion to make recommendations. However I only do so when I am asked either by the president of the relevant court or the Chief Justice to fill that vacancy. In this instance, there were two; the second only arose only a very short time before I came into this role on 27 June. I was asked to fill one...

Judicial Appointments Process: Statements (26 Nov 2020)

Helen McEntee: I can only assume that when the board met that all members of the board were there. I have outlined those who sit on it. I cannot tell the Deputy otherwise, but I assume that each time it meets, a full complement of members meets. That is their obligation.

Judicial Appointments Process: Statements (26 Nov 2020)

Helen McEntee: Formerly, before 2014 or 2015, the process was that the names came directly to the Minister. That has since changed where they go directly to the Office of the Attorney General, but then come directly to my office. I cannot confirm or deny but it is my understanding that they do not stay in the Attorney General's office and that they come directly to my private office.

Judicial Appointments Process: Statements (26 Nov 2020)

Helen McEntee: All I can say to that is the system is what the system is. I said in my statement that it is not perfect and that we all agree that it needs to be reformed but I cannot change the fact that this is the current process. We receive recommendations from the JAAB, expressions of interest from the sitting Judiciary and then there is a list of those who are eligible. It is then incumbent on the...

Judicial Appointments Process: Statements (26 Nov 2020)

Helen McEntee: It is not deemed appropriate in this instance. The names of members of the Judiciary are still sitting on a list in my office and if I am ever asked to fill this next vacant position, they will be put forward for that as well.

Judicial Appointments Process: Statements (26 Nov 2020)

Helen McEntee: I have already said that I did not. I made one recommendation to the Taoiseach, as is my job to do as Minister for Justice.

Judicial Appointments Process: Statements (26 Nov 2020)

Helen McEntee: At that stage, I had not received the other list. Of course, I took that on board but having then looked at the other names, I made a recommendation based on who I felt was the best person for the job.

Judicial Appointments Process: Statements (26 Nov 2020)

Helen McEntee: The Tánaiste has already said that he was not but I cannot answer for him other than what he has said.

Judicial Appointments Process: Statements (26 Nov 2020)

Helen McEntee: I want to clarify this issue because a number of Members have mentioned it. I have never referred to how many names there were. There were five expressions of interest. It it not good practice to start talking about how many names there were but in the interests of clarity I wish to be very clear. There were five expressions of interest, plus the recommendation through the JAAB. I...

Judicial Appointments Process: Statements (26 Nov 2020)

Helen McEntee: I have already said that but I have also said, not just in this House but elsewhere, that I have never put forward a name to Cabinet without the full agreement of the Taoiseach, the Tánaiste, the Minister, Deputy Eamon Ryan and the Attorney General, and this instance is no different. There were no questions and no concerns were raised. In other instances where I have proposed names,...

Judicial Appointments Process: Statements (26 Nov 2020)

Helen McEntee: It has been made clear that I did not. It is also clear that it has been a long-standing practice for there to be other names and that other judges put their names forward through expressions of interest. Having heard from former Ministers for Justice, it is also clear that it is not always the practice for the Minister to inform the Taoiseach or the Tánaiste of other names. The...

Judicial Appointments Process: Statements (26 Nov 2020)

Helen McEntee: The memorandum that goes to Cabinet does not include any names. It just states that a name is coming to Cabinet. The Deputy will be aware that I cannot talk about anything that is discussed with Cabinet colleagues inside Cabinet.

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