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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.

Judicial Appointments Process: Statements (26 Nov 2020)

Helen McEntee: The Ceann Comhairle has been very clear that it is not appropriate for me to discuss criteria here. I have already explained that there is no list or boxes that I am given to tick. The Deputy is suggesting that this was a huge decision to make. Upon being appointed Minister for Justice, one immediately has a number of huge decisions to make. I take my role and my job as Minister for...

Judicial Appointments Process: Statements (26 Nov 2020)

Helen McEntee: I have just outlined that there were five expressions of interest. One name came through JAAB and there was a lengthy list of suitable judges but those people had not expressed an interest in this role.

Judicial Appointments Process: Statements (26 Nov 2020)

Helen McEntee: I looked at all the names that were put before me. One was from the JAAB and there were five expressions of interest. I am saying that in the interests of clarity. It is not practice to give the number of expressions of interest. There was also a long list of eligible sitting judges from all the courts, who have not expressed an interest. That list changes and I do not have the exact...

Judicial Appointments Process: Statements (26 Nov 2020)

Helen McEntee: When I came into the Department on 28 June, I received my briefings, which stated that there was a vacancy and that the Chief Justice had asked for it to be filled immediately. I said in my statement that because lists had been reduced in the Supreme Court, there was a tradition that not all of those positions would be filled. When this one needed to be filled, which was before I came into...

Judicial Appointments Process: Statements (26 Nov 2020)

Helen McEntee: What the Cabinet handbook says is that in the case of appointments to the Judiciary, the Taoiseach, the Tánaiste and other party leaders, the Minister for Finance and the Attorney General should be informed in advance of proposals to make such appointments and I did just that.

Judicial Appointments Process: Statements (26 Nov 2020)

Helen McEntee: I refer to my previous response that other former Ministers for Justice have very clearly said they never brought other names to the Taoiseach.

Judicial Appointments Process: Statements (26 Nov 2020)

Helen McEntee: What I am saying is that I made a recommendation. It is my job and my role as Minister for Justice to make a recommendation. When I made that recommendation to the Taoiseach, the Taoiseach did not object. It is a long-standing practice, and has been the case for many years, that there is not just the JAAB process, there are expressions of interest from judges-----

Judicial Appointments Process: Statements (26 Nov 2020)

Helen McEntee: Again, I can repeat what is in the Cabinet handbook. I cannot talk about what happened in a Government in which the Deputy served. As Minister for Justice, it is my job to bring forward a name and that is what I did exactly in this instance.

Judicial Appointments Process: Statements (26 Nov 2020)

Helen McEntee: In terms of appointing a judge, again I will read out the only reference in the handbook to the appointment of judges-----

Judicial Appointments Process: Statements (26 Nov 2020)

Helen McEntee: The only memorandum concerning judicial appointments that is referred to says that I should inform the relevant individuals that I have just outlined, namely, the Taoiseach, the Tánaiste, the Attorney General, any other party leader and, in this instance, the Minister for Finance who was informed in the esubmission that would have gone to all of the Cabinet before the appointment was made.

Judicial Appointments Process: Statements (26 Nov 2020)

Helen McEntee: So I have adhered to the letter of the law.

Judicial Appointments Process: Statements (26 Nov 2020)

Helen McEntee: So that is not the case. As I outlined in my earlier response, what I receive initially is an edocument, which is a draft memorandum. I received that on 6 July. After I have signed off on that, it is then adjusted to be sent to Cabinet. It has always been the case that a name itself does not even go to Cabinet; a memorandum informs colleagues that a name is going to be brought for...

Judicial Appointments Process: Statements (26 Nov 2020)

Helen McEntee: That is my understanding, yes. That is my understanding that that is the precedent that has been set.

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