Finian McGrath (Dublin North Central, Independent)
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Question 708: To ask the Minister for Justice, Equality and Law Reform if he will report on the procedures for appointing judges; if political party affiliations of candidates are a factor in their appointments; and if he will make a statement on the matter. [34622/04]

Michael McDowell (Dublin South East, Progressive Democrats)
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The Judicial Appointments Advisory Board was established pursuant to the Courts and Court Officers Act 1995. The purpose of the board is to assess applicants for judicial office and inform the Government of their suitability. The board consists of the Chief Justice, the Presidents of the High Court, Circuit Court and District Court, the Attorney General, nominated representatives of the Bar Council and the Law Society and three persons nominated by the Minister for Justice, Equality and Law Reform.

Section 14 of the Act enables the board to adopt such procedures as it thinks fit to carry out its functions. In practice, the board places advertisements for applications for judicial appointments in the national press and requires applicants to complete a detailed application form which includes questions on their practice, their professional qualifications, education, character etc.

Under section 16 of the Act, where a judicial office stands vacant or before a vacancy in a judicial office arises, the board, at the request of the Minister, submits to the Minister the names of all persons who have informed the board of their wish to be considered for appointment to that judicial office and the names of at least seven persons whom it recommends for appointment.

Section 16 also provides that the Government, when advising the President in relation to the appointment of a person to a judicial office, must first consider persons who have been recommended by the board. It is important to note that the board cannot submit nor recommend the name of a person unless that person meets the eligibility requirements set out by law in relation to the post in question. Furthermore, the board cannot recommend the name of any person unless in the opinion of the board the person concerned has displayed in his or her practice as a solicitor or barrister a degree of competence and a degree of probity appropriate to and consistent with the appointment concerned, is suitable on grounds of character and temperament, is otherwise suitable, and complies with section 19 of the Act — this section provides that a person who wishes to be considered for appointment to judicial office must undertake in writing his or her agreement, if appointed to judicial office, to take such training as may be required by the Chief Justice or the President of the court to which the person concerned is appointed.

Section 17 of the Act provides that the procedures do not apply where the Government proposes to advise the President to appoint to judicial office a person who is already a judge or, subject to certain conditions, holds certain European or international judicial offices as set out in section 5 of the Courts (Supplemental Provisions) Act 1961, as amended.

The Standards in Public Office Act 2001 requires applicants to certify that their tax affairs are in order. Section 22(1) of the Act prohibits the board from recommending a person for judicial office unless the person has furnished to the board a tax clearance certificate and a statutory declaration that their tax affairs are in order.

In accordance with section 11 of the Court and Court Officers Act 2002, the board is required to make an annual report of its activities. The most recent report — for 2003 — was received last year and laid before both Houses of the Oireachtas.

I am satisfied that the present system for appointing judges — strengthened by the provisions of the Courts and Court Officers Act 1995 and subsequent statutory provisions — is the most practical system that can apply consistent with the requirements of the Constitution.