Michael McDowell (Independent) | Oireachtas source

I move amendment No. 90:

In page 30, between lines 2 and 3, to insert the following:

“44.(1) This section applies to the following judicial offices:

(a) the office of Chief Justice;

(b) the office of the President of the Court of Appeal;

(c) the office of the President of the High Court;

(d) the offices of membership of the Supreme Court and the Court of Appeal other than those specified in paragraphs (a), (b) and (c).

(2) Where any of the judicial offices to which this section applies stands vacant or where the Minister reasonably apprehends that any of those offices will stand vacant, the Minister shall request the Senior Judicial Appointments Committee (in thissection referred to as “the Committee”) of the Government.

(3) For the purposes of this section, the Committee shall be a committee consisting of the following persons:

(a) the Chief Justice;

(b) the President of the Court of Appeal;

(c) the President of the High Court;

(d) the Attorney General; and

(e) the Chairperson of the Top Level Appointments Committee.

(4) Where any of the office-holders who is a member of the Committee has expressed, or has an interest in appointment to the judicial office mentioned in subsection (1)or in the event of any of the said offices standing vacant or where the Government is satisfied of the incapacity of the holder of such office to function as part of the Committee, the provisions of subsection (5)shall have effect.

(5) Where the circumstances in subsection (4)apply, the Committee shall consist of—

(a) the members of the Committee mentioned insubsection (3)who are not affected by the terms of subsection (4), and

(b) a person or persons acting in substitution for any person affected by the terms of subsection (4)as provided in subsection (6).

(6) The following persons shall act in substitution for the persons mentioned in subsection (3):

(a) in the case of the Chief Justice, the next most senior ordinary judge of the Supreme Court who has not and is not expressing an interest in appointment to the vacancy mentioned in subsection (2);

(b) in the case of the President of the Court of Appeal, the most senior ordinary judge of the Court of Appeal who has not and is not expressing an interest in appointment to the vacancy mentioned in subsection (2);

(c) in the case of the Attorney General, the Director General of the office of the Attorney General.

(7) The Committee shall, for the purposes of making a report under subsection (2)—

(a) inform all members of the Superior Courts of the vacancy and invite any such member to express an interest in being appointed to the judicial office mentioned in subsection (2),

(b) publish any circular or advertisement as it considers appropriate inviting any other person eligible for appointment to the judicial office mentioned in subsection (2)to notify the Committee expressing an interest in such an appointment.

(8) The Committee shall as soon as practicable make a report to the Government when requested by the Minister in accordance with subsection (2), and shall include in its report—

(a) the names of such persons as have expressed an interest in appointment to the judicial office mentioned in subsection (2), and

(b) the names of any such person or persons (not exceeding three in any case) whom the Committee recommends for such appointment.

(9) In advising the President in relation to the appointment of a person to a judicial office to which this section applies, the Government shall first consider for appointment those persons whose names have been recommended to the Government by the Committee in a report furnished to the Government under the provisions of this section.

(10) In the event of more than one vacancy occurring or being apprehended for the purposes of subsection (2), the Committee shall submit separate reports in respect of each vacancy.

(11) The proceedings and reports of the Committee shall be secret and, subject to the provisions of this Act, shall not be disclosed or made public in any way.”.