Written answers

Wednesday, 6 December 2006

Department of Justice, Equality and Law Reform

Judicial Appointments

9:00 pm

Photo of Jim O'KeeffeJim O'Keeffe (Cork South West, Fine Gael)
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Question 157: To ask the Tánaiste and Minister for Justice, Equality and Law Reform if he has proposals to change the way judges are nominated and appointed. [41850/06]

Photo of Michael McDowellMichael 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 identify persons and inform the Government of the suitability of those persons for judicial office.

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 16 of the Act 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/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 his/her tax affairs are in order.

While the ultimate decision as to who should be recommended to the President for appointment to judicial office still rests with the Government, the practice has been, since the establishment of the Board, to recommend only persons who have been recommended as suitable for appointment to judicial office by the Board, in other words, a person whom the Board considers, in addition to having the necessary legal qualifications and experience, has displayed competence in his/her profession, is suitable on grounds of character and temperament and is otherwise suitable.

I have no plans to alter the way in which judges are nominated or appointed. However, the operation of the law continues to be kept under review in my Department.

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