Proposed legislation to reform the way judges are appointed has been approved by Government and is due to be published shortly.
Minister for Justice Helen McEntee said the Judicial Appointments Commission Bill 2022 will lead to the biggest reform in the way judges are chosen for appointment "in a quarter of a century".
A number of changes have been made to the Bill from the General Scheme as published in December 2020. They include:
- Three persons to be recommended instead of five recommendations with an additional two recommendations for a second and additional vacancies. For example, this would mean seven recommendations for three vacancies
- only persons recommended by the Judicial Appointments Commission to be recommended by the Government for appointment by the President
- any person – new applicants and serving judges seeking promotion to higher courts - who is to be recommended to the Minister for Justice for appointment should have been interviewed by the Judicial Appointments Commission
- The Commission will be required to publish a diversity statement committing to the objective that membership of the judiciary should reflect the diversity of the population as a whole
- Candidates will be required to show they have undertaken judicial training or continuous professional development
Minister McEntee said: "It is vital that we have a very clear process for judicial appointments, one that people understand and have full confidence in."
The new Judicial Appointments Commission will have nine members, chaired by the Chief Justice.
It will replace the current Judicial Appointments Advisory Board.
Meanwhile, former minister Shane Ross has said reforms to judicial appointments are to be welcomed but he asked if they will make any difference.
Speaking on RTÉ's Today with Claire Byrne, he said political control remains because the judicial appointments body will have four lay people appointed by the Government.
Mr Ross said that judges will dominate this new body that the Attorney General will also sit on.
Although the AG will not have a vote, he or she will have immense power, he said.
