Dáil Éireann debate -
Wednesday, 5 May 1999

Vol. 504 No. 2

Written Answers. - Judicial Appointments.

Michael D. Higgins

Question:

50 Mr. M. Higgins asked the Minister for Justice, Equality and Law Reform when the current Chief Justice is due to retire from office; the criteria the Government will use in nominating a replacement for appointment by the President; and if he will make a statement on the matter. [11546/99]

Minister for Justice, Equality and Law Reform (Mr. O'Donoghue):

The Chief Justice, the Honourable Mr. Justice Liam Hamilton, will reach his retirement age in January, 2000. In accordance with Articles 13.9 and 35.1 of the Constitution, the Chief Justice is appointed by the President acting on the advice of the Government.

As regards selection criteria, the relevant legislation sets down the qualifications for appointment to this office.

Section 5 of the Courts (Supplemental Provisions) Act, 1961, as amended by section 28 of the Courts and Court Officers Act, 1995, provides that the following persons shall be qualified for appointment to the office of the Chief Justice: the President of the High Court; an ordinary Judge of the Supreme Court; an ordinary Judge of the High Court; a person who is for the time being a practising barrister of not less than twelve years standing, for this purpose service as a Judge of the Circuit Court, the Court of Justice, the Court of First Instance attached thereto or as an Advocate-General of the Court of Justice shall be deemed practice at the Bar.

Under section 23 of the 1995 Act, where the Government proposes to advise the President on an appointment to the office of Chief Justice, it must have regard first to the qualifications and suitability of persons who are serving at that time as judges in Courts established in pursuance of Article 34 of the Constitution.