Minister McEntee announces establishment of the Judicial Appointments Commission

The Minister for Justice, Helen McEntee TD, has today (Thursday) commenced legislation providing for the establishment of the Judicial Appointments Commission on 1st 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.

Welcoming the development, Minister McEntee said:

The system for judicial appointment in Ireland is a crucial mechanism to uphold the independence of the Judiciary, which is a central element of Ireland’s Constitutional framework.

The signing of today’s commencement order brings forward a modern framework around the system by which judges are appointed.

The new Act, and the work of the Judicial Appointments Commission will ensure a rigorous, transparent, and merit-based application process for appointment as a judge.

I am particularly pleased that the Act safeguards appointments based on merit, makes provision for proficiency in the Irish language and commits the Commission to seek to reflect the diversity of the population of the State.

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.

Commenting on the commencement of the legislation, the Chairman, Chief Justice O’Donnell, said:

The establishment of the Judicial Appointments Commission is an important development in the history of the Irish judiciary and introduces significant changes to the judicial appointments system in Ireland.

The new Commission will deliver on a programme of selection for judicial vacancies, based on an unambiguous legislative requirement that judicial appointments continue to be based on merit.

The empowering of an independent Commission to recommend fewer persons for judicial appointment than the previous system will bring Ireland closer into line with international requirements and will be an important safeguard for judicial independence.

The new system also paves the way for the Commission to collaborate with the wider legal community and others to work towards a Judiciary which reflects the increasing diversity in the community.

Public Confidence in the judiciary begins with confidence in the system of judicial appointment. 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.

Minister McEntee added:

Over the years, the makeup of Irish society has changed, and it is vital that the judiciary adapts and represents the society which it serves.

The Judicial Appointments Commission will be made up of highly qualified individuals from various sectors.

Their work, through the establishment of new procedures, promoting diversity, and ensuring that viable candidates understand that the importance of their own training and professional development will ensure uniformity and transparency in the way judicial candidates are chosen.

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

ENDS

Notes to Editors:

The signing by the Minister of the final commencement orders and the establishment order will allow for the establishment of the Judicial Appointments Commission on the 1st January 2025 and the repeal of the Judicial Appointments Advisory Board (JAAB) on the same day.
In accordance with the Act, it is intended that the existing Judicial Appointments Advisory Board will be dissolved from 1 January on foot of the establishment of the JAC.
The Interim Director of the Judicial Appointments Commission will be appointed as the Director upon the establishment of the Commission on 1st January 2025.
Two additional staff members have been assigned to support the work of the Director.
Administrative preparations are underway to provide training and induction of members, and to ensure that the transition to the new judicial appointments process is seamless. Engagement has taken place with similar judicial appointments bodies in Belfast, London and Edinburgh who have shared their experiences with the Interim Director.

Short bios of Lay Members

The Lay Members of the Judicial Appointments Commission have been appointed by the Minister for Justice following an open and competitive selection process conducted by the Public Appointments Service.

Ms. Bernie Gray has extensive experience in HR and governance. She is a partner in a consultancy practice Betterboards and was formerly the HR Director in Eircom. She has served as Chair of both Eirgrid and Coillte and is currently a member of the Board of NBI and a number of other bodies. She has significant experience of senior appointments in the public sector through her work with PAS and other State bodies.

Dr Rónán Kennedy is an Associate Professor in the School of Law, University of Galway. He researches and teaches environmental law, information technology law, and other topics. He was Executive Legal Officer to the Chief Justice of Ireland, Mr Justice Ronan Keane, from 2000 to 2004. In collaboration with Dr Laura Cahillane of the University of Limerick and the Irish Council for Civil Liberties, he led the development of ‘Towards Best Practice: A report on the new Judicial Council in Ireland’ (2022).

Dr. Eleanor O’Higgins is Adjunct Associate Professor on the faculty of the College of Business at University College Dublin and is an Associate at the London School of Economics and Political Science. She specialises in teaching, research and publications on corporate governance, professional ethics, business ethics, corporate social responsibility, sustainability, and strategic and public management. She serves or has served as a non-executive director on a number of boards, councils and committees for the public sector and professional bodies. She also serves on the editorial boards of several international management, ethics and corporate governance journals.

Dr Terrence McWade is the former CEO of the Royal College of Physicians of Ireland. He previously held the positions of Chairman, CEO and Co-Founder of Valitacell Ltd., which is now part of Beckman Coulter Life Sciences. He is a Council Member of the Institute of Directors and a Board member of the Health Research Board. He is a former Chair of the European Vaccine Initiative and Deputy Chair of the Dublin University Dental Hospital. He is a former Board member of the National Treatment Purchase Fund, Our Lady’s Hospice and Care Services and the Institute of Bankers.