Written answers

Thursday, 3 December 2020

Department of Justice and Equality

Judicial Appointments

Photo of Alan KellyAlan Kelly (Tipperary, Labour)
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307. To ask the Tánaiste and Minister for Justice and Equality if and the number of times she discussed or communicated with the former Attorney General; the status of the person’s recommendation from the Judicial Appointments Advisory Board for appointment to the Supreme Court vacancy occasioned by the retirement of a person (details supplied); if the possibility of the incoming Government nominating them for appointment to the Supreme Court was mentioned; the nature of any such discussions and communications; and if she will make a statement on the matter. [40870/20]

Photo of Helen McEnteeHelen McEntee (Meath East, Fine Gael)
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I did not communicate with, or discuss any aspect of the appointment to the Supreme Court vacancy with the former Attorney General in advance of the Government decision of the 15th of July.

Photo of Alan KellyAlan Kelly (Tipperary, Labour)
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308. To ask the Tánaiste and Minister for Justice and Equality if and the number of times she discussed or communicated with the former Minister for Justice matters in relation to the Supreme Court vacancy occasioned by the retirement of a person (details supplied); if the interest of the former Attorney General in being nominated for appointment to that position was mentioned; if a postponement of the previous Government’s decision on the nomination was mentioned; and if she will make a statement on the matter. [40871/20]

Photo of Helen McEnteeHelen McEntee (Meath East, Fine Gael)
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I have at no point discussed judicial appointments with my predecessor.

Photo of Alan KellyAlan Kelly (Tipperary, Labour)
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309. To ask the Tánaiste and Minister for Justice and Equality if and the number of times she discussed or communicated with the current Tánaiste and Minister for Enterprise, Trade and Employment issues in relation to filling the Supreme Court vacancy occasioned by the retirement of a person (details supplied); if the interest of the former Attorney General in being nominated for appointment to that position was mentioned; if he indicated his own preference in relation to the matter; if so, if he sought the Minister’s agreement; the nature of any such discussions or communications; and if she will make a statement on the matter. [40872/20]

Photo of Helen McEnteeHelen McEntee (Meath East, Fine Gael)
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I have previously given a full account of all matters related to the filling of the Supreme Court vacancy during the Statements and Questions and Answers on Judicial Appointments held in the Dáil on 26 November last.

During the debate I informed the House that in the days following my appointment as Minister for Justice on 27 June I had an informal conversation with the Tánaiste and he informed me that there was a vacancy on the Supreme Court and that Séamus Woulfe SC had come through that process. I informed him that I had already been made aware of that.

I did not make a decision then because at that stage I did not have all the other names. I only received them on 6 July. I took time to look at the JAAB recommendation, the names that had come through the expressions of interest process, and the list of sitting judges.

I also informed the House, that in line with the Cabinet handbook, between 11 and 14 July I informed the Taoiseach, the Tánaiste, the Minister for Transport, Deputy Eamon Ryan, and the Attorney General of my intention to propose Séamus Woulfe SC for the position, following which I brought a memorandum for the consideration of the Government on 15 July, recommending a name to Cabinet for appointment by the President. At this remove, I cannot pinpoint the precise date between 11 and 14 July on which various conversations took place and, as such, I am providing a date range in order to be helpful to the Deputy.

In this case, the recommendation was in line with the recommendation of JAAB, which is chaired by the Chief Justice. The process through which JAAB recommends applicants for consideration by the Government is set out in Part IV of the Courts and Court Officers Act 1995, as amended.

Photo of Alan KellyAlan Kelly (Tipperary, Labour)
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310. To ask the Tánaiste and Minister for Justice and Equality if and the number of times she discussed or communicated with the current Taoiseach, after his appointment to that office, the filling of the Supreme Court vacancy occasioned by the retirement of a person (details supplied) and the interest of the former Attorney General in appointment to that position; and if she will make a statement on the matter. [40874/20]

Photo of Helen McEnteeHelen McEntee (Meath East, Fine Gael)
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I have given a full account of all matters related to the filling of the Supreme Court vacancy during the Statements and Questions and Answers on Judicial Appointments held in the Dáil on 26 November last.

During the debate, I informed the House, that in line with the Cabinet handbook, between 11 and 14 July I informed the Taoiseach, the Tánaiste, the Minister for Transport, Deputy Eamon Ryan, and the Attorney General of my intention to propose Séamus Woulfe SC for the position, following which I brought a memorandum for the consideration of the Government on 15 July, recommending a name to Cabinet for appointment by the President. At this remove, I cannot pinpoint the precise date between 11 and 14 July on which various conversations took place, and as such I am providing a date range in order to be helpful to the Deputy.

In this case, the recommendation was in line with the recommendation of JAAB, which is chaired by the Chief Justice. The process through which JAAB recommends applicants for consideration by the Government is set out in Part IV of the Courts and Court Officers Act 1995, as amended.

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