Michael McDowell (Independent) | Oireachtas source

I do not think I am exaggerating when I say it is three months, but it certainly must be two months. You must put up your advertisements, give people a reasonable amount of time to consider whether they want to apply and give them time in which to get any requisite references. Then the list comes back. In the case of the District Court, for example, if there are 40 applicants, the first thing is whether all of them get an interview. I wonder if they do. That could take a long time to get through. Decisions then have to be made on who is best suited to be on the shortlist. That must then go to the Cabinet. I would be very surprised if the commission manages to do this in less than two months. Between the jigs and the reels, I think it is most likely that it will take three months.

Another point is that as I understand it, the post of Chief Justice is held by a judge for seven years. Is it to be the case that as we come towards the end of the seven-year term, the Minister will advertise for replacements in order to be in a position to fill the position as soon as the Chief Justice steps down? We know that barring accidents, Chief Justices retire at 70 or retire having done their seven-year term. The question that arises is whether, when the current Chief Justice or some other Chief Justice is three months away from retirement, the Minister will start the process of filling the position at that point. Is this eventuality covered by section 42(1)(b), which provides for the Minister to "reasonably [anticipate] that there will be a vacancy in a judicial office"?