Re: Judicial Appointments Bill Flashcards
How did Re: Judicial Appointments Commission Bill 2022 come to the Supreme Court?
It was referred under Article 26 procedures by President Michael D. Higgins.
What series of events lead to the creation of the Judicial Appointments Commission Bill 2022?
Previous System – The Judicial Appointments Advisory Board (JAAB):
Since the mid-1990s, judges in Ireland were recommended by the JAAB, which was established under the Courts and Court Officers Act 1995. The JAAB would forward a list of suitable candidates to the government for selection. However, this system was criticized for lacking transparency, independence, and for leaving too much room for political influence on appointments.
Calls for Transparency and Accountability:
Over the years, domestic and international observers—ranging from political figures to legal academics—called for a more modern, open, and merit-based judicial appointments system. They argued that the process should have clearer criteria, reduced political discretion, and more lay (non-legal) input.
Political Momentum and Government Commitments:
Following the 2016 general election, when the minority government led by Fine Gael required the support of independent ministers and TDs, judicial appointment reform emerged as a key political issue. One prominent figure advocating for change was the then-Minister for Transport, Shane Ross, who pushed strongly for legislation that would ensure greater transparency and reduce perceived cronyism in judicial appointments.
Where did the Oireachtas look to find models/inspiration for what the new Judicial Appointments Commission should look like?
Ireland looked to models in other jurisdictions that had moved toward more structured, independent appointment bodies. Ensuring Ireland’s process aligned with best practices from other common law and European countries helped bolster the case for reform.
What is a summary of the Judicial Appointments BIll 2022?
The resulting legislation, the Judicial Appointments Commission Bill 2022, aimed to replace the JAAB with the Judicial Appointments Commission. This Commission would have a clearer statutory framework, include a lay majority (non-judges and non-lawyers), and explicitly set out objective criteria for the selection of candidates. The goal was to enhance public confidence in the judicial appointment process, ensure the judiciary’s high quality and independence, and align the system more closely with international norms.
What was one of the primary concerns about the bill?
Section 51 - section 51 of the bill, under which the Government can appoint only a person recommended by the new commission.
Counsel assigned by the court argued that the measures infringed the principle of the separation of powers.
How did the Supreme Court address the concern re: section 51 of the bill?
“It has a choice to advise the President in accordance with the recommendation of the commission. Even where only one person is recommended, the Government is still exercising a choice as to whether or not to advise the President to appoint that person,” the court stated.
“Accordingly, the court is satisfied that section 51 involves the exercise of a choice by the Government as to whether or not to nominate a person or persons recommended by the commission for appointment by the President and, if not so satisfied, the process will have to start afresh,” the judgment continued.
What will the make up of the new Judicial Appointments Commission be?
The Chief Justice, the President of the Court of Appeal, two members of the Judicial Council (one male, one female), the Attorney General, and four lay members.
What was the separation of powers concern about the bill?
Whether the Oireachtas can legislatively regulate instances of the government providing advice to the president. (Art 13.9)
