Dáil Éireann Debate, Thursday - 10 December 2020
29. Deputy Catherine Murphy asked the Minister for Justice the authority that judges apply to in respect of judicial appointments to the highest court; if she will provide a schedule of the persons that are to be informed that a judge has declared an interest and or applied for the appointment; the details of the persons; and the way in which applications are evaluated. [39123/20]
View answerAppointments to the Judiciary are made in accordance with Articles 13.9 and 35.1 of the Constitution, by the President acting on the advice of the Government. This is a Constitutional function that cannot be transferred or delegated. The Constitutional prerogative to advise the President on judicial appointments lies with the Government alone.
As with all judicial vacancies, a request is made to the Judicial Appointments Advisory Board (JAAB) for a list of suitable candidates for appointment and the names of all those who applied. The JAAB recommendations, along with any expressions of interest from serving judges, and all eligible judges for appointment, are considered. The response from the JAAB is considered by Government in the first instance, in line with the Courts and Court Officers Act 1995, as amended.
Eligible serving Judges who wish to express an interest in elevation to positions in the superior courts are not required to apply to Judicial Advisory Appointments Board (JAAB). Instead, there is a process whereby expressions of interest may be submitted to the Minister of the day via the office of the Attorney General. Such expressions of interest are received on an ongoing basis and retained for any current or future vacancy that might arise.
Whether or not existing judges put forward expressions of interest is a confidential matter for obvious reasons, and it is not the practice to release information that might identify any of those judges. All such submissions are treated in a highly confidential manner.
Every eligible judge is considered as part of the appointment process. This includes judges who have made an explicit expression of interest as well as all eligible judges who have not made an expression of interest for a particular appointment.
In line with the Cabinet Handbook, in regard to judicial appointments the Minister discusses the matter with the Taoiseach, the Tánaiste, the Attorney General [and any other Party Leaders in a coalition Government] before making a nomination to Government.
As I outlined to the House on 26 November last, I cannot get into the criteria under which an application from a sitting judge is evaluated. There are still names of serving judges who have applied for judicial vacancies on file in my Department including a vacancy in the Supreme Court. If that vacancy is to be filled, they will again be looked at. It is therefore not appropriate for me to comment on applicable criteria.
The Programme for Government contains a commitment to reform the judicial appointments process and I intend to bring forward new legislation to do this very quickly.
