Dáil Éireann Debate, Wednesday - 28 March 2018
183. Deputy Micheál Martin asked the Minister for Justice and Equality if he has met with the Minister for Transport, Tourism and Sport or his own officials recently regarding the comments made by the European Commission on the Judicial Appointments Bill 2017 not being in line with European standards; and his views on these comments. [14156/18]
View answerThe Deputy is referring to the comments of the European Commission in their ‘Country Report Ireland 2018’ published as part of the European Semester on 7 March last, which state the following:
“The envisaged composition of a new body for proposing judicial appointments raises concerns regarding the level of participation of the judiciary in that body. The proposed composition of the Judicial Appointments Commission, which would comprise only 3 judges over 13 (including a lay chairperson accountable to the Oireachtas) would not be in line with European standards (Paragraph 47 of Recommendation CM/Rec(2010)12 adopted by the Committee of Ministers of the Council of Europe on 17 November 2010), and was opposed by the Association of judges in Ireland.”
Paragraph 47 of Recommendation CM/Rec(2010)12 of the Committee of Ministers of the Council of Europe, in turn, sets out that an independent and competent Authority drawn in substantial part from the judiciary should be authorised to make recommendations or express opinions concerning the selection of judges.
Of course the Government has taken note of the European Commission comments. It would point out though that there is no single international binding standard or norm in this area. It is worth noting that the said 2010 Council of Europe Recommendation also states, in its paragraph 48, that the membership of the relevant independent authorities should ensure "the widest possible representation".
Judicial appointments reform is part of the Programme for Partnership Government which commits to the introduction of a new structure comprising two central elements of a lay majority and an independent chairperson. The Bill as published had provided for a substantial judicial presence, through committees of the Judicial Appointments Commission, which ensured direct membership of all of the court presidents in the relevant selection processes, whilst the overarching body had the three most senior judicial offices as members. The Deputy will be aware that a significant number of amendments originating from opposition parties were made to the Bill by the Dáil Select Committee on Justice and Equality, including an amendment which had the effect of greatly reducing the level of participation of court presidents in the process by removing the presidents of the lower courts from any participation in the new body. As I pointed out at the conclusion of Committee Stage, it is important to ensure the appropriate and distinct inputs of all court presidents in the selection process, and much more work needs to be done with a view to advancing the Bill to the next stage in its enactment. My intention now is to bring forward for Report Stage a number of amendments arising from the changes made at Select Committee, including amendments concerning the composition of the new Judicial Appointments Commission and enhanced judicial input, whilst maintaining the Bill’s two key components of a lay majority and independent chairperson.
I have met with the Minister for Transport, Tourism and Sport recently to discuss the progress of the Bill and related issues. My officials have briefed me in relation to the comments of the European Commission.
