Written answers

Thursday, 27 November 2014

Department of Justice and Equality

Judicial Appointments

Photo of Niall CollinsNiall Collins (Limerick, Fianna Fail)
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112. To ask the Minister for Justice and Equality if her attention has been drawn to the fact that in other countries, experience as an academic lawyer or an in house lawyer qualifies people for appointment to judicial appointments; her views on whether a similar provision should be introduced here; if so, if she will she bring legislation forward to introduce such a change; and if she will make a statement on the matter. [45678/14]

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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Under the Constitution, judges are appointed by the President on the advice of the Government. The current process for the appointment of judges in Ireland is set out in the Courts and Courts Officers Act 1995 as amended which established the Judicial Appointments Advisory Board and set out the basic requirements for eligibility for judicial appointment. Applicants wishing to be considered for judicial appointment can submit written applications to the Board providing information on their education, professional qualifications, experience and character. Amendments to the Act in 2002 rendered practising solicitors eligible for appointment to all courts and as a consequence both solicitors and barristers in legal practice for a designated number of years are eligible for appointment to each of the courts from the District Court up to and including the Supreme Court.

The Minister for Justice and Equality announced a consultation process on the system of judicial appointments in December 2013. Submissions were invited to address issues such as

- eligibility for appointment;

- the need to ensure and protect the principle of judicial independence;

- promoting equality and diversity;

- the role of the Judicial Appointments Advisory Board, including its membership and its procedures.
I can inform the Deputy that the eligibility issues to which he refers - experience as an academic lawyer or an 'in-house' lawyer - have been raised in the consultation process. While legal academics are not eligible for judicial appointment, the position is that solicitors in employment including those in the full-time service of the State are regarded as practising (and are therefore eligible for appointment subject to normal conditions) but generally employed barristers are not so regarded.

A report addressing all relevant eligibility and other issues arising from the consultations process is currently being finalised which, following further discussions with the judiciary and the approval of Government, will lead to Draft heads of a Judicial Appointments Bill.

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