Written answers
Tuesday, 27 June 2017
Department of Justice and Equality
Judicial Appointments
Clare Daly (Dublin Fingal, Independent)
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276. To ask the Tánaiste and Minister for Justice and Equality the number of judges who were not serving judges being promoted who have been appointed since 1995 without going through the Judicial Appointments Advisory Board; and if he will make a statement on the matter. [29670/17]
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. The Government has such discretion under the Constitution to nominate persons of its own choosing, provided that they are qualified and eligible for appointment as a judge.
The Deputy may wish to be aware that a notice of every judicial appointment made is published in Iris Oifigiúil. Where the person appointed was recommended for that appointment by the Judicial Appointments Advisory Board (JAAB), the notice shall include a statement to that effect, in accordance with section 16(8) of the Court and Court Officers Act 1995.
I have asked my Department to examine records since 1995 in relation to the matters referred to in the Deputy's question and I will contact the Deputy directly as soon as the relevant information is to hand.
Clare Daly (Dublin Fingal, Independent)
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277. To ask the Tánaiste and Minister for Justice and Equality the number of judges that have been appointed by the Government of the 31st Dáil and the present Government that were not Judicial Appointments Advisory Board recommendations, apart from serving judges being promoted. [29671/17]
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. The Government has such discretion under the Constitution to nominate persons of its own choosing, provided that they are qualified and eligible for appointment as a judge.
The Deputy may wish to be aware that a notice of every judicial appointment made is published in Iris Oifigiúil. Where the person appointed was recommended for that appointment by the Judicial Appointments Advisory Board (JAAB), the notice shall include a statement to that effect, in accordance with section 16 (8) of the Court and Court Officers Act 1995.
Since 2011 there has been one appointment by the Government of the 31st Dáil and the current Government that was not made following a Judicial Appointments Advisory Board recommendation or by the elevation of a serving judge to a higher court.
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