A NEW SYSTEM of selection for judicial office is set to be rolled out in the coming days, changing the way that judges will be appointed in Ireland.

Following the approval of the Judicial Appointments Commission Bill by the Seanad in July, a nine-person Commission made up of both judges and laypersons will be introduced this week to select and recommend new judges.

Replacing the former ‘Judicial Appointments Advisory Board’, the new Commission will recommend three people for appointment as judges when a position becomes vacant.

This Commission will interview all candidates, and will put forward their recommendations to the Government, which will then pick one of the three. 

Until now, the Government (in most cases) decided who to appoint as a judge after it had been advised by the Judicial Appointments Advisory Board.

Similar to the Commission coming into effect this week, this Board identified and informed the Government about suitable barristers and solicitors who applied for the job – though the Government was not bound by the advice and recommendations of the Board.

Now, only people that are recommended by the new Commission will be recommended by the government to be appointed as judges by the President – who appoints all judges in Ireland.

The Government can reject the recommendation and ask the Commission to restart the process if they are unhappy with the recommended candidates.

Changing the way judges were appointed was a key aim of Shane Ross when his Independent Alliance group entered government with Fine Gael.

Cabinet approved the bill in 2017 but its path has been long and complicated – including stops at the Council of State and Supreme Court.

Who is on the Commission?

The Chief Justice will chair the Commission, which will include the Presidents of the Court of Appeal, the High Court, the Circuit Court and the District Court.

Two judges nominated by the Judicial Council will also be in the Commission, as well as four lay members appointed by the Minister for Justice and the Attorney General, who will not have a vote.

The four lay members are:

• Bernie Gray (former chair of both Eirgrid and Coillte and a member of the board of National Broadband Ireland)
• Dr. Rónán Kennedy (associate professor in the School of Law, University of Galway)
• Dr. Eleanor O’Higgins (associate professor in the College of Business at University College Dublin, associate at the London School of Economics and Political Science) 
• Dr. Terrence McWade (former CEO of the Royal College of Physicians of Ireland, previous chairman, CEO and Co-Founder of Valitacell Ltd)

What is the application process for judges?

It is expected that the Commission will commence its first selection process for judicial vacancies in the coming days and weeks.

Applicants will be required to complete and submit their application through the online portal which can be accessed from the Commission’s website, which is also due to go live this week.

Any person – new applicants and serving judges seeking promotion to higher courts – who is to be recommended to government for appointment will have to have been interviewed by the Commission.

Following the interview, successful candidates will be put forward by the Commission to the Government, who will in turn recommend these candidates to the President of Ireland.

The Judicial Appointments Commission Bill outlines that recommendations for judicial office will be “based on merit”.

The bill also includes provisions for the courts in the State to aim for an equal number of men and women, reflect the diversity of the State’s population, and ensure proficiency in the Irish language.

Judges must have at least 10 years’ experience as a barrister or solicitor before being appointed to the District Court and at least 12 years’ experience before being appointed to the High Court, Court of Appeal or the Supreme Court.

What does the Chief Justice think of the change?

Commenting on the Judicial Appointments Commission, Chief Justice Donal O’Donnell said that the establishment of the Judicial Appointments Commission is an “important   development in the history of the Irish judiciary”.

“Public confidence in the judiciary begins with confidence in the system of judicial appointment,” O’Donnell said.

The Chief Justice explained that the empowering of the independent Commission to recommend fewer people for judicial appointment than the previous system will bring Ireland closer in line with international requirements.

He added that it will be “an important safeguard for judicial independence”. 

“I look forward to working with the judicial and lay members of the Commission to develop the procedures which will result in the recommendation of the most suitable candidates for judicial appointment,” O’Donnell said.