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Dáil Éireann díospóireacht -
Thursday, 8 May 1997

Vol. 479 No. 1

Written Answers. - Judicial Appointments.

John O'Donoghue

Ceist:

66 Mr. O'Donoghue asked the Minister for Justice whether the Government has appointed judges in accordance with the priority awarded to each applicant by the Judicial Appointments Advisory Commission since its inception; and if she will make a statement on the matter. [12331/97]

In accordance with Articles 13.9 and 35.1 of the Constitution, judicial appointments are made by the President acting on the advice of the Government. The Judical Appointments Advisory Board was established under section 13 of the Courts and Court Officers Act, 1995. Under section 16 of the Act, the board is required to submit to the Minister for Justice the name of each person who has informed it of his or her wish to be considered for appointment to a vacancy in a judicial office and to recommend to the Minister at least seven persons for appointment to that judicial office. The Act does not require any order of priority in relation to the recommendations nor does the Judicial Appointments Advisory Board give any particular priority in the list that they submit.

Under the Act, the name of each judge appointed is listed in Iris Oifigiúil and indications must be given if he or she was recommended by the Judicial Appointments Advisory Board. In all instances, apart from cases where a judge is going from one court to another, which does not require input by the Judicial Appointments Advisory Board, all other appointments recommended to the President by Government have been recommended by the Judicial Appointments Advisory Board.

I would also refer the Deputy to section 20 of the Courts and Court Officers Act, 1995 which provides that all proceedings of the board and all communications to the board shall be confidential and shall not be disclosed except for the purposes of the Act.

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