Dáil Éireann Debate, Wednesday - 5 July 2017
141. Deputy Thomas P. Broughan asked the Minister for Justice and Equality the way in which two Circuit Court judicial appointments were made recently before vacancies had emerged and without recent advertisement by the Judicial Appointments Advisory Board to alert qualified and interested lawyers after January 2017; and if he will make a statement on the matter. [31680/17]
View answerAs the Deputy may be aware, judicial appointments are made by the President, acting on the advice of Government, in accordance with articles 13.9 and 35.1 of the Constitution.
The Judicial Appointments Advisory Board (JAAB) is an independent board which was established under the Courts and Court Officers Act 1995 to identify persons and inform the Government of the suitability of those persons for appointment to judicial office. The JAAB conducts its procedures under the 1995 and 2002 Courts and Court Officers Acts and informs the Government of persons suitable to be appointed as a judge.
On 5 January 2017 the JAAB sought, by public advertisement, applications from practising barristers and solicitors eligible for appointment to the Supreme Court, Court of Appeal, High Court, Circuit Court and District Court. The Tánaiste and then Minister for Justice and Equality wrote to the JAAB on 12 April and 9 May 2017 in connection with the filling of current and pending vacancies across various courts including in the Court of Appeal, High Court, Circuit and District Courts. In regard to the recommendations received from JAAB in respect of the Circuit Court, it can be confirmed that the list provided was in respect of one current and two pending vacancies. Section 20 of the Courts and Court Officers Act 1995 provides that all proceedings of JAAB and all communications to JAAB shall be confidential.
From time to time the Government makes decisions, to agree in principle, to the nomination of persons to fill pending vacancies to arise in the courts. This is primarily for efficiency reasons and good planning and also to ensure that court cases are dealt with in a timely manner and that waiting times are kept to a minimum. On 23 May 2017 the Government agreed in principle to nominate Ms Martina Baxter, Barrister and Mr Eoin Garavan, Barrister to the Circuit Court to fill pending vacancies that will arise in August and October 2017 respectively. Both names were included in the relevant list of suitable persons submitted by the JAAB to the Tánaiste and then Minister for Justice and Equality.
