Robbie Gallagher (Fianna Fail) | Oireachtas source

I welcome the Minister to the House. Fianna Fáil welcomes the Bill, which is an important step forward in the reform of the judicial appointments process. Having said that, it is important to acknowledge the process to date has served us well. When enacted, the Bill will lead to the most significant reform in the way judges are chosen for appointment in more than a quarter of a century. It is vital we have a clear process for judicial appointments that people understand and have full confidence in. The Bill will allow for the establishment of a judicial appointments commission of nine members, chaired by the Chief Justice, to replace the current Judicial Appointments Advisory Board. All four lay members of the commission will be selected and recommended by the Public Appointments Service. The Bill will ensure that anyone who wishes to be considered for appointment to judicial office, including serving judges, will apply to the commission and undergo the same application and interview processes. Membership of the Judiciary should also reflect the diversity of the population as a whole, as the Minister outlined, and a new diversity statement will commit the judicial appointments commission to that objective.

In summary, the Bill will provide for the establishment of a judicial appointments commission of nine members to replace the Judicial Appointments Advisory Board. The commission, under section 9, will be chaired by the Chief Justice and will have an equal number of judicial members, namely, the Chief Justice, the President of the Court of Appeal or the president of another court, depending on which court vacancies are being considered, and two Judicial Council nominees, along with the same number of lay members recommended by the Public Appointments Service and appointed by the Minister. The Attorney General will be a member in a non-voting capacity.

Some of the key improvements in the Bill compared with what was outlined in its general scheme include the discretion of the Government in the appointment of judges being significantly curtailed. Judges will now only be able to be appointed from a shortlist of three drawn up by the judicial appointments commission, or five names for two vacancies or seven names for three, and only after an interview process. This reflects a recommendation of the Irish Council for Civil Liberties, ICCL. In addition, it is very welcome that this new independent process will also apply to appointments to international courts.

The general scheme had proposed a separate process for the appointment of the Chief Justice, the President of the Court of Appeal and the President of the High Court, a process that would have required heavy Government involvement. Following submissions by the ICCL and others, this proposal has been dropped and these positions will be filled in the same way as those for ordinary judges.This is a highly significant improvement and means there will be one fair and merit-based process for all appointments. A provision has been inserted in the Bill requiring all candidates to undergo judicial training or continuing professional development. This again must be welcomed.

At a broad level, the Judicial Appointments Commission Bill aims to regularise the process of nominating judges and implicitly reform the old process of getting the old tap on the shoulder from the Judicial Appointments Advisory Board, JAAB, or the Minister. Notably, applicants cannot be invited to make applications as they can under the current JAAB process. Furthermore, judges seeking promotion to a higher office will also have to partake in the appointments process, which is not currently the case. The commission will be independent and have control over its own procedures, which is a necessary aspect of ensuring objective recommendations. The formalised application process and selection statements will clearly assist in providing transparency for applicants and the public, who will know the general standards to be met in order to be recommended.

The commission’s main purpose will be to recommend to the Minister persons for appointment by the President to the Judiciary on the advice of the Government. In a change from current practice, serving judges wishing to be considered for promotion to a higher judicial position will be required under the Bill to apply to the commission, as will any person wishing to be considered for appointment to judicial office. The commission will set out best-practice selection procedures, including interviews, and the knowledge, skills and attributes required of judges. There is provision for a dedicated support office headed by a director and staff. It is also positive that the Government’s discretion to choose judges is limited to those who are recommended by the commission.

Overall, it seems that the Judicial Appointments Commission Bill is a constructive attempt to reform the appointments process in Ireland. Future judges will have the endorsement of their peers through the commission’s recommendation and the formalised nature of the process brings greater transparency to appointments.

As I said at the outset, it is important that the general public has full confidence in the Judiciary. We have been well served in that regard and it is very important that we make that point. My two learned colleagues to my left have made the point that the input of professionals within the system is also important. I would like the Minister to take on the points they have made so that those who make appointments can be best informed and advised by people who walk the walk and talk the talk every day in that particular field.