Jonathan O'Brien (Cork North Central, Sinn Fein)
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267. To ask the Tánaiste and Minister for Justice and Equality if the former Attorney General (details supplied) was absent from deliberations concerning her suitability for a position as a judge as per section 18 of the Courts and Court Officers Act 1995. [29535/17]

Charles Flanagan (Laois, Fine Gael)
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In accordance with Articles 13.9 and 35.1 of the Constitution, judicial appointments are made by the President acting on the advice of the Government. Section 20 of the Court and Court Officers Act 1995 provides that all proceedings of the Judicial Appointments Advisory Board and all communications to the Board shall be confidential.

The  purpose of Section 18 of the Courts and Court Officers Act, 1995, as referred to by the Deputy, is threefold: first generally to provide that JAAB  may not recommend one of its own members for judicial office, second to make an exception to this, in the case of an Attorney General (who is a member of JAAB), who has indicated to the  Board  a wish to  be considered for judicial office and third to provide that where that happens the Attorney General must withdraw from the deliberations of JAAB on whether to recommend the Attorney General.  The only situation in which these provisions regarding the Attorney General operate is in the context of the deliberations of JAAB and in the context where the Attorney General has indicated a wish to be considered by JAAB for recommendation to judicial office.

It would not be appropriate for me, as Minister for Justice and Equality, to comment any further on specific nominations to judicial office which are decisions made by Government and are subject to Cabinet confidentiality under Article 28.4.3° of the Constitution. The Deputy will be aware that I, and the Tánaiste and Minister for Enterprise and Innovation, set out in detail the Government's position on the appointment of a judge to the Court of Appeal in a debate in the House last week.