Dáil Éireann Debate, Tuesday - 22 May 2012
515 Deputy Anne Ferris asked the Minister for Justice and Equality his views on the Dublin Declaration on judicial appointments; when he expects a review on this matter to be complete; and if he will make a statement on the matter. [25007/12]
Amharc ar fhreagraI very much welcome the Dublin Declaration as a clear and progressive contribution from the European Network of Judicial Councils. As the Deputy may be aware, following my appointment as Minister for Justice and Equality, I requested my officials to conduct an examination of the current appointment procedure with particular reference to the practice in other jurisdictions. This review is wide-ranging and includes consideration of the following issues:
the need to ensure and protect the principle of judicial independence;
eligibility for appointment;
composition of the Judicial Appointments Advisory Board;
the appointments process;
accountability in respect of its functioning; and
promoting equality and diversity.
The Deputy will also be aware that under the Irish Constitution judges are appointed by the President on the advice of the Government. Such appointments are dealt with by the Judicial Appointments Advisory Board which was established pursuant to the Courts and Court Officers Act 1995. Under section 16 of the Act, where a judicial office stands vacant or before a vacancy in a judicial office arises, the Advisory Board submits to me, as Minister for Justice and Equality, the names of all persons who have informed the Advisory Board of their wish to be considered for appointment to that vacancy and the names of at least seven persons whom it recommends for appointment. I then bring the names to Government. Section 17 of the same Act provides that these procedures shall not apply where the Government propose to advise the President to appoint a serving judge.
The review of the current appointment procedure is ongoing and I will consider the matter further on completion. Any proposal to revise the current system of judicial appointments would, of course, be a matter for consideration by Government.
