Charles Flanagan (Laois, Fine Gael) | Oireachtas source

The amendment seeks to amend section 30 of the 1961 Courts (Supplemental Provisions) Act which deals with the retirement age of a judge of the District Court. The effect of the amendment is to increase from 65 to 70 years the age of retirement of a judge of the District Court. The new retirement age will overtake the current practice of continuing a District Court judge in office from the age of 65 to 70 years by means of an annual warrant, which means that in each year the judge concerned must be extended in office. Subsection (1) provides for the increase to 70 years, amending the 1961 Act in a straightforward manner through the substitution of 70 for 65.

Subsection (2) provides that the increase to 70 will apply to serving judges when the amendment is brought into operation. In particular, it clarifies that the increase generally to 70 years applies to a judge who, having already reached 65 years, has been continuing in office by means of a subsisting annual warrant made under section 2 of the 1949 Courts of Justice (District Court) Act.

Subsection (3) further clarifies that an increase to 70 years applies in the case of an annual warrant made retrospectively under the 1949 Act in the circumstances provided for by section 1 of the Courts (No. 2) Act 1988. The circumstances referred to include where the omission to make a warrant is attributable to error or oversight. I was in the House when that Bill was passed. It arose in regard to a specific District Court judge who served in my district at the time, district No. 14. I make that point to underline that tempus fugit.

I am proposing this straightforward amendment in response to pressing views expressed by the Courts Service and the Association of Judges of Ireland seeking implementation of this measure so as to standardise the retirement age of judges of the District Court with that of other judges and to do away with the system of annual extensions from the age of 65. It will enhance court administration and the continuity of any District Court proceedings concerned. The amendment is based on section 59 of the Judicial Appointments Commission Bill 2017 as passed by Dáil Éireann and which is currently before this House. It is largely a technical amendment more appropriately suited to this Bill.