Vol. 472 No. 1
240 Mr. O'Donoghue asked the Minister for Justice the procedures which are currently in place to notify new judges of their appointments; and whether it is often the case that judges have already been sworn in before receiving their letters of appointment from her Department. [22765/96]
The position is that judicial appointments are made in accordance with the Constitution.
On receipt of the Government decision in my Department indicating the name of the person nominated by the Government to the President for appointment as a judge, the person nominated is contacted by telephone about the general arrangements for the making of the appointment and swearing in. The person concerned is normally notified orally and in writing of the detailed arrangements for the swearing in ceremony which, under the Constitution, must take place not later than ten days after the signature of the Warrant of Appointment by the Taoiseach and the President or such later date as may be determined by the President. The Warrant of Appointment, signed by the President and the Taoiseach, which must be available for the swearing in ceremony, is dispatched by my Department to the Registrar of the Supreme Court who notifies my Department in writing when the new judge has been sworn in.
In the case of appointments to the Superior Courts the signature by the President of the warrant and the swearing in of the new judge generally take place on the same day.
It can happen, for a variety of reasons, that all arrangements are made orally. I should point out that the warrant itself is the written instrument of appointment.
