Judicial Appointments Commission established

The Minister for Justice Helen McEntee commenced legislation providing for the establishment of the Judicial Appointments Commission on 1 January 2025.

This marks the most substantial reform in the way judges are chosen for appointment in almost thirty years.

The Judicial Appointments Commission Act establishes a new, independent Judicial Appointments Commission to select and recommend persons for all judicial offices in Ireland and in the EU and international courts.

The historic reforms provided for include:

Reduction in the number of recommendations: 3 candidates to be recommended for a vacancy and an additional 2 recommendations for a second and additional vacancies. For example, this would mean 7 recommendations for 3 vacancies.

Only candidates recommended by the Judicial Appointments Commission to be nominated by the government for appointment by the President.

All judicial posts, whether a first appointment or a promotion from another court will be governed by the procedure.

Interviews: For the first time, all nominees will have been interviewed.

Diversity: The Commission will have the objective that membership of the judiciary should reflect the diversity of the population as a whole.

Continuous Professional Development: Candidates will be required to show they have undertaken judicial training or continuous professional development.

The Judicial Appointments Commission will set out best practice selection procedures including interviews and the knowledge, skills and attributes required of judges.

Minister McEntee also announced the membership of the Judicial Appointments Commission, which will be chaired by Chief Justice, The Hon. Mr. Justice Donal O'Donnell and includes:

• the Hon. Ms. Justice Caroline Costello, President of the Court of Appeal *
• the Hon. Mr. Justice David Barniville, President of the High Court *
• the Hon. Ms. Justice Patricia Ryan, President of the Circuit Court *
• his Honour Judge Paul Kelly, President of the District Court *
• Attorney General Rossa Fanning SC
• the Hon. Ms. Justice Mary Rose Gearty, High Court
• Judge Alan Mitchell, District Court
• Ms. Bernie Gray, Human Resources and Governance expert
• Dr. Eleanor O’Higgins, Adjunct Associate Professor, College of Business, University College Dublin and Associate, London School of Economics and Political Science
• Dr. Rónán Kennedy, Associate Professor in the School of Law, University of Galway
• Dr. Terrence McWade, Former CEO of the Royal College of Physicians of Ireland

(*) The Judicial Appointments Commission Act 2023 provides that where the Commission is performing the function of selecting or recommending persons for appointment to judicial office in the High Court, Circuit Court or District Court, the President of the Court concerned and not the President of the Court of Appeal shall be the member for the purposes of performing that function.

The Judicial Appointments Commission will be established from 1 January 2025.