Diarmuid Wilson (Fianna Fail) | Oireachtas source

I move amendment No. 8:

In page 3, between lines 13 and 14, to insert the following:

“Qualification of Judges

2. A judge of the District Court who has served as such a judge for a period of not less than 2 years shall be qualified for appointment as a judge of the Supreme Court, Court of Appeal or the High Court.”.

Again, this amendment pertains to eligibility for appointment of a judge of the District Court to the High Court or to the superior courts. As all Members are aware, District Court judges have vast experience as they are the members of the Judiciary who hear the greatest volume of cases, including criminal, civil, family, child protection and care, licensing, firearms, regulatory and foreign evidence hearings among others. To be appointed to the District Court, a solicitor or barrister must have not less than ten years' experience to be considered for appointment. Traditionally, solicitors were mainly appointed to the District Court but this has changed and now judges who qualified as solicitors have been appointed to the Circuit Court, High Court and Court of Appeal, as well as to the District Court. This has been effected under the Court and Court Officers Act 2002. Many District Court judges also are barristers.

District Court judges, under section 20 of the Courts of Justice (District Court) Act, hold office by the same tenure as High Court and Supreme Court judges. The unusual position is that all legal professionals, either solicitor or barrister or Circuit Court judges, are eligible for appointment to the High Court. The only legal professional of similar standing and experience who is not so eligible is a District Court judge. In other words, a barrister or a solicitor can be appointed to the District Court and District Court judges in turn can be promoted to the Circuit Court. However, a District Court judge cannot be appointed from the District Court to the High Court or the Court of Criminal Appeal and I suggest this is completely unacceptable. It is not clear whether this was deliberate policy or an oversight that should be remedied.

In modern times and internationally, it is accepted that the best practice for developing the Judiciary is to have promotion between the different courts. This is happening in Ireland of late in that judges from the District Court have been appointed to the Circuit Court and likewise, judges from the Circuit Court to the High Court and from the High Court to the Court of Appeal and Supreme Court. I refer back to the Group of States against Corruption, GRECO, in respect of this issue.Among other recommendations, it recommended in November 2013 that the current system for the selection, recruitment, promotion and transfer of judges be reviewed with a view to targeting appointments at the most qualified and suitable candidates in a transparent way without improper influence from the Executive or political power. I very much welcome that recommendation.

On the specific amendment, it is ridiculous that a person who has been appointed as a District Court judge is precluded from promotion to the High Court, the Court of Criminal Appeal or the Supreme Court.