Once established, the Judicial Appointments Commission (the Commission) will replace the Judicial Appointments Advisory Board (JAAB). The Commission will be the sole body responsible for recommending to the Government candidates for judicial office. Under the Constitution, judges are formally appointed by the President on the advice of the Government. The Commission will play a key role in the selection of judges, as the Government can only advise the President to appoint individuals recommended by the Commission.
Background
The Commission will be established under the Judicial Appointments Commission Act 2023 (the Act). While many of its provisions have been commenced, the Commission itself has not yet been established. The Minister for Justice has indicated her intention to establish the Commission this year.
The significance of the legislation is underscored by its referral to the Supreme Court by the President. The referral was made under Article 26 of the Constitution to test the constitutionality of certain provisions. It marked the first time that the current President invoked this procedure, and only the sixteenth time in history that it has been utilised. The arguments considered by the Supreme Court included whether the legislation infringed upon the Government’s constitutional role in judicial appointment. Ultimately, the Supreme Court determined that the legislation was constitutional. The Court specifically noted that the Government retains discretion in deciding whether to advise the President to appoint a candidate recommended by the Commission.
Functions of the Commission
The Commission’s primary function will be to select and recommend candidates to the Government for appointment to judicial roles in the State. It will also be responsible for recommending candidates for nomination to judicial roles outside the State, such as the European Court of Human Rights. The Commission’s function will be achieved through a streamlined and transparent process, ensuring merit-based recommendations, and fair, open competition among the widest possible pool of suitable candidates.
Previously, the JAAB recommended potential candidates to the Government, but the Government was not restricted to those nominees. Under the new Act, the Commission will recommend three candidates per vacant judicial office, and the Government can only consider these individuals for appointment. The Government will then advise the President on the appointment of its chosen nominee. The Supreme Court judgment confirms that this limits the Government’s choice, as it can only decide whether to advise the President to appoint a Commission-recommended individual. If it decides not to do so, the process must restart. This new procedure significantly addresses previous concerns about political bias and connections influencing judicial appointments.
Another key function of the Commission, is to publish a judicial selection statement. The statement will set out the knowledge, skills and attributes required for judicial office, along with the selection procedures, including the application format. Draft statements will be published as soon as practicable after the relevant provisions of the Act take effect. The Commission may conduct public consultation on those drafts.
Composition of the Commission
The Commission will consist of nine members:
- The Chief Justice as chair
- The President of the Court of Appeal
- Two members of the Judicial Council
- Four lay members, and
- The Attorney General as an ex-officio, non-voting member
When the Commission is recommending individuals for appointment to the High Court, Circuit Court or District Court, the President of the relevant court will serve as a member in place of the President of the Court of Appeal.
The Commission will be supported in its functions by a Judicial Appointments Commission Office, also established under the Act. The Office, led by a Director, will implement the Commission’s policies and decisions.
Conclusion
The establishment of the Commission marks a significant milestone in Ireland’s judicial appointments process. It will further strengthen the reputation of independence of the Irish judiciary and ensure that it continues to uphold the interests of justice and serve the people of Ireland effectively.
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People also ask
When will the Judicial Appointments Commission be established? |
The Commission will be established under the Judicial Appointments Commission Act 2023. While many of its provisions have been commenced, the Commission itself has not yet been established. The Minister for Justice has indicated her intention to establish the Commission this year. |
What will be the composition of the Judicial Appointments Commission? |
The Commission will consist of nine members: the Chief Justice as chair, the President of the Court of Appeal, two members of the Judicial Council, four lay members, and the Attorney General as an ex-officio, non-voting member. When the Commission is recommending individuals for appointment to the High Court, Circuit Court or District Court, the President of the relevant court will serve as a member in place of the President of the Court of Appeal. |
How will the Judicial Appointments Commission be different to the Judicial Appointments Advisory Board? |
A key change from the Judicial Appointments Advisory Board to the Judicial Appointments Commission is how candidates for judicial appointment are selected. Previously, the Government could consider recommendations from Judicial Appointments Advisory Board but was not bound by them. Under the new procedure, the Government must choose from the three candidates recommended by the Judicial Appointments Commission. The Supreme Court has acknowledged this limits the Government’s choices compared to the previous system. However, it has ruled that the new system is constitutional, maintaining the separation of powers between the executive and the legislature. |
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