Dáil Éireann Debate, Tuesday - 25 October 2011
51 Deputy Timmy Dooley asked the Minister for Justice and Equality the current status of the judicial council; if it will have a role in judicial appointments; and if he will make a statement on the matter. [31114/11]
View answerAs indicated in the Government Legislation Programme announced by the Chief Whip on 14 September 2011, the Judicial Council Bill is in the course of being drafted with a view to being published in early 2012. As well as providing for the establishment of a Judicial Council which will promote excellence and high standards of conduct by judges, the proposed Bill is aimed at providing a means of investigating allegations of Judicial misconduct supported by the establishment of a Judicial Conduct Committee. Both the Council and the Committee are to include lay representation.
The appointment of judges is, and in my view should remain, a separate matter. Judges are appointed by the President on the advice of the Government. At present, such appointments are dealt with by the Judicial Appointments Advisory Board which was established pursuant to the Court and Courts Officers Act 1995. Under Section 16 of the Act, where a judicial office stands vacant or before a vacancy in a judicial office arises, the Advisory Board submits to me, as Minister for Justice and Equality, the names of all persons who have informed the Advisory Board of their wish to be considered for appointment to that vacancy and the names of at least seven persons whom it recommends for appointment. I then bring the names to Government. Section 17 of the same Act provides that these procedures shall not apply where the Government propose to advise the President to appoint a serving judge. I have asked officials at my Department to undertake a review of the current process of judicial appointment, with particular reference to the practice in other jurisdictions. That review is ongoing and I do not wish to prejudge its outcome — I will be returning to the matter when the review is complete.
