Written answers

Tuesday, 14 May 2013

Department of Justice and Equality

Judicial Appointments

Photo of Andrew DoyleAndrew Doyle (Wicklow, Fine Gael)
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475. To ask the Minister for Justice and Equality the method he proposes to appoint two new Supreme Court Judges to alleviate the backlog of Supreme Court cases that are waiting to be heard; if he has considered the effects of the movement for eight to ten Supreme Court judges that it will have on constitutional jurisprudence; if upon a successful referendum for the setup of the Civic Courts of Appeal, if over time, he will consider the size of the Supreme Court to naturally fall back to eight members; and if he will make a statement on the matter. [22497/13]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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As the Deputy is aware, the Government recently approved the drafting of a new legal provision to facilitate the appointment of an additional two judges as an interim measure in order to tackle the lengthy waiting times in the Supreme Court and the Court of Criminal Appeal. I brought this proposal to Government following consultations between the Chief Justice, the Attorney General and myself at which all aspects of the measure were considered. The necessary legislative amendment will be brought forward in the Courts Bill 2013 which I anticipate will be enacted before the summer recess.

Judges are appointed by the President on the advice of the Government. Such appointments are dealt with by the Judicial Appointments Advisory Board which was established pursuant to the Courts and Court Officers Act 1995. It should be noted that section 17 of the same Act provides that the Board's procedures shall not apply where the Government propose to advise the President to appoint a serving judge.

The increase in the number of Supreme Court judges will be implemented as soon as the Courts Bill 2013 is enacted. Moreover, a Referendum on a proposed Constitutional Amendment to establish a Court of Appeal will take place in the Autumn. I intend to consult further with interested parties, including colleagues in Government and the judiciary, before deciding on the optimal number of judges to be appointed to the new Court of Appeal and on the future shape of the Supreme Court. I do not wish to prejudge the outcome of those consultations. However, it is anticipated that the number of Supreme Court judges would decrease somewhat as the existing backlog is dealt with.

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