Dáil Éireann Debate, Tuesday - 11 December 2012
80. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality if he will introduce an open and transparent appointment and removal criteria and process for the judiciary; and if he will make a statement on the matter. [54462/12]
View answer97. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality his plans to introduce an independent Judicial Appointments Commission; and if he will make a statement on the matter. [54461/12]
View answerI propose to take Questions Nos. 80 and 97 together.
The Deputy will be aware that, under the Irish Constitution, judges are appointed by the President on the advice of the Government. Applications are dealt with by the Judicial Appointments Advisory Board which was established under the Courts and Court Officers Act 1995. Under section 16 of that Act, where a judicial office stands vacant or before a vacancy in a judicial office arises, the Board submits to me, as Minister for Justice, the names of those recommended for appointment. The Government then decides the nomination. Section 17 of the same Act provides that these procedures do not apply where a serving judge is to be appointed.
My Department is engaged in a review of the appointment procedure including consideration of the following issues: the need to ensure and protect the principle of judicial independence; eligibility for appointment; composition of the Judicial Appointments Advisory Board; the appointments process; accountability in respect of its functioning; and promoting equality and diversity.
I hope to be in a position to consider this further in the course of 2013. Any proposal to introduce a new system of appointments would require amendments to the current legislation and would, of course, be a matter for consideration by Government in the first instance.
Article 35.4.1 of the Constitution provides that a member of the judiciary can only be removed from their position "for stated misbehaviour or incapacity, and then only upon resolutions passed by Dáil Éireann and Seanad Éireann calling for his removal'. The tenure of Circuit and District Judges is similarly protected by statute. No judge has been so removed in the history of the State.
However, the Deputy will be aware that the Programme for Government contains a commitment to legislate to establish a Judicial Council in order to provide an effective mechanism for dealing with complaints against judges. This commitment is being given expression in the form of the proposed Judicial Council Bill. As well as providing for the establishment of a Judicial Council and Board that will promote excellence and high standards of conduct by judges, the proposed Bill aims to provide a means of investigating allegations of judicial misconduct in the form of a Judicial Conduct Committee, which will have lay representation.
In November 2011, the Chief Justice announced that the judiciary had agreed to establish an Interim Judicial Council, pending the publication and enactment of the proposed Judicial Council Bill. A sub-committee of the Board of the Interim Judicial Council was subsequently established to consider the 'General Scheme for a Judicial Council Bill', a version of which had been published by the previous Government in August 2010. This sub-committee has already provided observations, which are the subject of ongoing consideration. Recent developments will also be taken into account in the collaborative drafting process between my Department and the Offices of Parliamentary Counsel and of the Attorney General. I intend to publish the Bill in the course of 2013.
