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Dáil Éireann díospóireacht -
Wednesday, 5 May 1999

Vol. 504 No. 2

Written Answers. - Judicial Appointments.

Alan Shatter

Ceist:

46 Mr. Shatter asked the Minister for Justice, Equality and Law Reform his views on the recommendations contained in the Report of the Working Group on Qualifications for Appointment as Judges of the High and Supreme Courts; and when he will publish the legislation required to implement the report's recommendations. [10741/99]

Alan Shatter

Ceist:

82 Mr. Shatter asked the Minister for Justice, Equality and Law Reform when he will take the action required to extend eligibility for direct appointment to the High Court and Supreme Court to practising members of both branches of the legal profession; and the consideration, if any, he is giving to the possibility of rendering eligible for these appointments the holders of legal qualifications such as law lecturers and academics. [10742/99]

I propose to take Questions Nos. 46 and 82 together.

The report of the Working Group on Qualifications for Appointment as Judges of the High and Supreme Courts was published on 16 February 1999. I indicated at the time of publication that any legislative provisions required would be contained in a proposed Courts Bill which would be brought to Government for approval in due course. The Bill now forms part of the Government's legislation programme as announced by the Chief Whip on 15 April 1999.

As the Deputy will be aware, the report recommends extending eligibility for appointment as a judge of the High or Supreme Courts to a certain category of solicitor but it does not recommend extending such eligibility to legal academics.

In developing proposals for the scheme of a courts Bill, careful consideration is being given to each of the working group's recommendations and their implications. I hope to be in a position to bring my proposals to Government in the near future.

Michael D. Higgins

Ceist:

47 Mr. M. Higgins asked the Minister for Justice, Equality and Law Reform the changes, if any, he is considering to the legal framework governing the manner in which judges are appointed; and if he will make a statement on the matter. [11545/99]

Jim O'Keeffe

Ceist:

84 Mr. J. O'Keeffe asked the Minister for Justice, Equality and Law Reform when he will fill the vacancies in the High Court and Supreme Court arising from the recent resignations; and the procedures which will be followed in making these appointments. [11500/99]

I propose to take Questions Nos. 47 and 84 together.

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. This procedure has been supplemented by the Courts and Court Officers Act, 1995 which provided for the establishment of the Judicial Appointments Advisory Board. I have no immediate plans to introduce changes to the current legal procedures.

Nevertheless I will consider the question of changes to the legal framework governing the manner in which judges are appointed in the context of developing proposals for the scheme of a courts Bill being prepared in my Department.

As regards the vacancies in the Supreme and High Courts arising from the recent resignations, standard procedures will be followed in making these appointments. In line with these procedures, I have requested the Judicial Appointments Advisory Board to submit to me as soon as possible a list of suitable candidates. As soon as these nominations are received, the Government will advise the President on the judicial appointments to be made.
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