I move:
That leave be granted to introduce a Bill entitled an Act to provide for the establishment of an independent judicial appointments commission with responsibility for recommending persons for appointment to judicial office based solely on merit and to provide for related matters.
This Bill provides for the establishment of an independent judicial appointments commission that would recommend persons for appointment to judicial office based solely on merit. Its purpose is to overhaul and modernise the system of judicial appointments that operates in this country. In May 2012, the European Network of Councils for the Judiciary signed a declaration in Dublin that called for a clearly defined and published set of selection competencies against which candidates for appointment to judicial office should be assessed. This Bill would seek to implement that. It sets out competencies against which candidates should be assessed prior to the nomination for appointment to judicial office. It is important to point out that a merit-based system of appointment would enhance the principle of judicial independence. We are lucky that we have an independent Judiciary in this country, although that is really despite rather than because of the judicial appointments process that exists.
Under the Bill, a judicial appointments commission will be established. It will recommend and rank three individuals for each judicial vacancy and should the Government fail to nominate one of the persons recommended by the commission, the Government would be required to publish in Iris Oifigiúil and the website of the Minister for Justice and Equality - rather than the Minister responsible for transport - a reason for its decision not to nominate one of the persons recommended by the commission.
