Dáil Éireann Debate, Tuesday - 29 May 2018
288. Deputy Jim O'Callaghan asked the Minister for Justice and Equality if barristers that are working outside of the Law Library as in-house counsel are eligible for appointment as judges; and if he will make a statement on the matter. [23610/18]
Amharc ar fhreagraJudges are appointed by the President on the advice of the Government.
Eligibility for appointment to judicial office is as set out in paragraphs (1) to (3) below as regards ordinary judge of the District Court, ordinary judge of the Circuit Court, and ordinary judge of the Superior Courts.
As regards the offices of Chief Justice, and President of a Court, the Government must have regard first to serving judges.
The below mentioned laws make no distinction between members of the Bar of Ireland or otherwise. Nor do they specify in what capacity a barrister needs to have practised, be that in-house or otherwise.
The Judicial Appointments Commission Bill (section 32 of Bill No.71a of 2017) will amend the law in two related respects: First, it introduces a new measure whereby a judge of the District Court will qualify for appointment as a judge of the High Court. Second, it will enable a legal academic (as defined in the Bill), who, at the time of appointment, is a barrister or solicitor, and has practised as such for a continuous period of at least four years to qualify for appointment to judicial office, provided that, amongst other things, the person is at the time of appointment a barrister or solicitor.
(1) Ordinary Judge of the District Court
In accordance with section 29 of the Courts (Supplemental Provisions) Act, 1961, as amended by section 6 of the Courts and Court Officers Act, 2002, the following persons shall be qualified for appointment as a Judge of the District Court:
(a) a person who is in the time being a practising barrister or a practising solicitor of not less than ten years standing.
(b) a barrister or solicitor who actually practised his/her profession for not less than ten years, if for the time being s/he holds an office in respect of which it was, at the time of his/her appointment thereto, required by statute that every person appointed thereto should be or should have been:
(i) a practising solicitor
(ii) a practising barrister or solicitor.
Where a person has practised as a barrister and as a solicitor, such periods of practice may be aggregated and reckoned to satisfy the minimum practice requirements for appointment as a Judge.
(2) Ordinary Judge of the Circuit Court
Under section 17 of the Courts (Supplemental Provisions) Act, 1961, as amended by section 2(2) of the Courts Act, 1973, section 30 of the Courts and Court Officers Act, 1995, section 5 and 6 of the Court and Court Officers Act, 2002 and section 188 of the Personal Insolvency Act 2012, a person who is a practising barrister or practising solicitor of not less than 10 years standing is qualified for appointment as a Judge of the Circuit Court.
a) a Judge of the District Court is qualified for appointment as a Judge of the Circuit Court
b) a county registrar who practised as a barrister or a solicitor for not less than ten years before he or she was appointed to be a county registrar is qualified for appointment as a Judge of the Circuit Court.
c) a specialist judge of the Circuit Court is qualified for appointment as a judge of the Circuit Court.
d) where a person has practised as both a barrister and a solicitor, such periods of practice may be aggregated and reckoned to satisfy the minimum practice requirements for appointment as a judge.
(3)Ordinary Judge of the Superior Courts:
Section 5 of the Courts (Supplemental Provisions) Act, 1961, as amended by the Courts and Court Officers Act, 1995, the Courts and Court Officers Act, 2002 and the Court of Appeal Act, 2014, provides that the following persons shall be qualified for appointment as a Judge of the Superior Courts:
(2) (a) Subject to paragraphs (b) and (c) of this subsection, a person shall be qualified for appointment as a judge of the Supreme Court, the Court of Appeal or the High Court if the person is for the time being a practising barrister or a practising solicitor of not less than 12 years' standing who has practised as a barrister or a solicitor for a continuous period of not less than 2 years immediately before such appointment.
(b) A person who—
(i) is or was at any time during the period of 2 years immediately before the appointment concerned—
(I) a judge of the Court of Justice of the European Communities,
(II) a judge of the Court of First Instance attached to that Court,
(III) an Advocate-General of the Court of Justice of the European Communities,
(IV) a judge of the European Court of Human Rights established under the Convention for the Protection of Human Rights and Fundamental Freedoms done at Rome on the 4th day of November, 1950,
(V) a judge of the International Court of Justice established under the Charter of the United Nations,
(VI) a judge of the International Criminal Court established under the Rome Statute of the International Criminal Court done at Rome on the 17th day of July, 1998, upon the entry into force of that Statute,
(VII) a judge of an international tribunal within the meaning of section 2 of the International War Crimes Tribunals Act, 1998 ,
and
(ii) was a practising barrister or a practising solicitor before appointment to any of the offices referred to in subparagraph (i) of this paragraph,
shall be qualified for appointment as a judge of the Supreme Court, the Court of Appeal or the High Court.
(c) A judge of the Circuit Court who has served as such a judge for a period of not less than 2 years shall be qualified for appointment as a judge of the Supreme Court, the Court of Appeal or the High Court
(3) An ordinary judge of the Supreme Court shall be qualified for appointment as President of the High Court, President of the Court of Appeal or as Chief Justice.
(4) The President of the Court of Appeal shall be qualified for appointment as an ordinary judge of the Supreme Court or as Chief Justice.
(5) An ordinary judge of the Court of Appeal shall be qualified for appointment as an ordinary judge of the Supreme Court or as President of the High Court, President of the Court of Appeal or as Chief Justice.
(6) The President of the High Court shall be qualified for appointment as an ordinary judge of the Court of Appeal or of the Supreme Court or as President of the Court of Appeal or Chief Justice.
(7) An ordinary judge of the High Court shall be qualified for appointment as an ordinary judge of the Court of Appeal or of the Supreme Court or as President of the High Court, President of the Court of Appeal or Chief Justice.
