Courts and Court Officers Act , 1995

PART I Preliminary and General

1 Short title, commencement, collective citation and construction.

1.—(1) This Act may be cited as the Courts and Court Officers Act, 1995.

(2) Sections 3 (2), 4, 5 and 44 shall come into operation on such day as the Government may fix by order after consultation with the Chief Justice and the President of the High Court.

(3) The collective citation “the Courts (Supplemental Provisions) Acts, 1961 to 1991”, shall be deemed to include the Courts Act, 1991, and the Courts (Supplemental Provisions) (Amendment) Act, 1991.

(4) This Act, in so far as it amends or extends the Courts (Supplemental Provisions) Acts, 1961 to 1991, shall be construed as one therewith and those Acts and this Act may be cited together as the Courts (Supplemental Provisions) Acts, 1961 to 1995.

(5) This Act, in so far as it amends or extends the Court Officers Acts, 1926 to 1991, shall be construed as one therewith and those Acts and this Act may be cited together as the Court Officers Acts, 1926 to 1995.

(6) Except where the context otherwise requires, any reference in this Act to any enactment shall be construed as a reference to that enactment as amended, extended, adapted or applied by or under any subsequent enactment, (including this Act).

2 Definitions.

2.—In this Act—

“the Act of 1961” means the Courts (Supplemental Provisions) Act, 1961;

“Court of Justice” means the Court of Justice of the European Communities;

“the Minister” means the Minister for Justice.

3 Repeals.

3.—(1) The enactments mentioned in column (2) of Part I of the First Schedule to this Act are hereby repealed to the extent mentioned in column (3) of that Schedule.

(2) Subject to subsection (3) of this section the enactments mentioned in column (2) of Part II of the First Schedule to this Act are hereby repealed to the extent mentioned in column (3) of that Schedule.

(3) Section 44 (2) of the Offences Against the State Act, 1939, shall apply and have effect for the purposes of that subsection notwithstanding the repeal of sections 28 and 29 of the Courts of Justice Act, 1924 and section 12 of the Act of 1961.

PART II Supreme Court

4 Vesting of powers of Court of Criminal Appeal in Supreme Court.

4.—(1) There shall be vested in the Supreme Court all powers, jurisdiction and functions which, before the coming into operation of an order under section 1 (2) of this Act, are vested in or are capable of being exercised by the Court of Criminal Appeal.

(2) Any application or other matter that is pending before the Court of Criminal Appeal on or before the coming into operation of an order under section 1 (2) of this Act including cases listed for hearing by that Court and any notice of appeal or notice of application for leave to appeal to the Court of Criminal Appeal shall be heard by the Supreme Court.

(3) References to the Court of Criminal Appeal in any statute or statutory instrument shall be construed as references to the Supreme Court.

5 Courts-Martial Appeal Court.

5.—(1) There shall be vested in the Supreme Court all powers, jurisdiction and functions which, before the coming into operation of an order under section 1 (2) of this Act, are vested in or are capable of being exercised by the Courts-Martial Appeal Court.

(2) Any application or other matter that is pending before the Courts-Martial Appeal Court, on or before the coming into operation of an order under section 1 (2) of this Act, including cases listed for hearing by that Court and any notice of appeal or notice of application for leave to appeal to the Courts-Martial Appeal Court shall be heard by the Supreme Court.

(3) References to the Courts-Martial Appeal Court in any statute or statutory instrument shall be construed as references to the Supreme Court.

6 Number of judges of Supreme Court.

6.—(1) Section 1 of the Courts (Establishment and Constitution) Act, 1961, is hereby amended by the substitution of the following subsection for subsection (2):

“(2) The Supreme Court shall be constituted of the following judges—

(a) the president thereof, namely, An Príomh-Bhreitheamh (The Chief Justice), and

(b) not more than seven ordinary judges (each of whom shall be styled ‘Breitheamh den Chúirt Uachtarach’ (‘Judge of the Supreme Court’)).”.

(2) Section 14 (1) (a) (i) of the Law Reform Commission Act, 1975, shall be construed as if “eight” were substituted for “five” in that section.

7 Sittings of Supreme Court.

7.—Section 7 of the Act of 1961, is hereby amended by the substitution of the following subsections for subsections (3) and (4):

“(3) The Supreme Court may sit in two or more divisions and they may sit at the same time.

(4) Subject to subsection (5) of this section, the Chief Justice or, in his or her absence the senior ordinary judge of the Supreme Court for the time being available, may determine that an appeal to or other matter cognisable by the Supreme Court may be heard and determined by a division of five or three judges of the Supreme Court, including judges who are by virtue of subsection (3) or (4) of section 1 of the Principal Act, additional judges of the Supreme Court.

(5) An appeal to or other matter cognisable by the Supreme Court under Article 12 or Article 26 of the Constitution or a question of the validity of any law having regard to the provisions of the Constitution shall be heard and determined by not less than five judges of the Supreme Court including judges who are, by virtue of subsection (3) or (4) of section 1 of the Principal Act, additional judges of the Supreme Court.”.

8 Administration of Supreme Court.

8.—Notwithstanding section 18 (1) (a) of the Courts Act, 1981, it shall be the function of the Chief Justice or in his or her absence the senior ordinary judge of the Supreme Court to arrange the distribution and allocation of the business of the Supreme Court.

PART III Numbers of Judges of High Court, Circuit Court and District Court

9 Number of ordinary judges of High Court.

9.—(1) The number of ordinary judges of the High Court shall not be more than 19.

(2) The following paragraph shall be substituted for paragraph (b) (inserted by the Courts Act, 1991) of section 14 (1) of the Law Reform Commission Act, 1975:

“(b) in case on being so appointed he or she is the President of the High Court or an ordinary judge of the High Court, then for so long as he or she continues to hold the judicial office held by him or her on so being appointed—

(i) the number of ordinary judges of the High Court shall not be more than 20, and

(ii) the reference in section 9 (1) of the Courts and Court Officers Act, 1995, to 19 shall be construed as a reference to 20, and”.

10 Number of ordinary judges of Circuit Court.

10.—The number of ordinary judges of the Circuit Court shall not be more than 24.

11 Number of judges of District Court.

11.—(1) The number of judges of the District Court in addition to the President of the District Court shall not be more than 50.

(2) Paragraph 2 (1) (b) of the Sixth Schedule to the Act of 1961 (as amended by the Courts Act, 1991) is amended by the substitution of “12” for “11”.

PART IV Judicial Appointments

12 Interpretation of Part IV.

12.—In this Part—

“the Board” means the Board established under section 13 of this Act;

“judicial office” means an office being the office of ordinary judge of the Supreme Court, ordinary judge of the High Court, ordinary judge of the Circuit Court or judge of the District Court (other than the President of the District Court).

13 Judicial Appointments Advisory Board.

13.—(1) For the purposes of identifying persons and informing the Government of the suitability of those persons for appointment to judicial office, there shall be established a body to be known as the Judicial Appointments Advisory Board (in this Part referred to as “the Board”).

(2) The Board shall consist of—

(a) (i) the Chief Justice, who shall be the chairperson of the Board,

(ii) the President of the High Court,

(iii) the President of the Circuit Court,

(iv) the President of the District Court,

(v) the Attorney General,

(b) (i) a practising barrister who shall be nominated by the Chairman for the time being of the Council of the Bar of Ireland,

(ii) a practising solicitor who shall be nominated by the President for the time being of the Law Society of Ireland,

and

(c) not more than three persons appointed by the Minister who shall be persons engaged in, or having knowledge or experience (being knowledge or experience that the Minister considers appropriate) of commerce, finance, administration or persons who have experience as consumers of the services provided by the courts that the Minister considers appropriate.

(3) A person appointed to be a member of the Board by virtue of the provisions of subsection (2) (b) and (c) of this section shall be a member of the Board for a period not exceeding 3 years, and any such person so appointed shall be eligible for re-appointment to the Board.

(4) The Board may act notwithstanding a vacancy in its membership.

14 Procedures of Board.

14.—(1) The Board may adopt such procedures as it thinks fit to carry out its functions under this Act and may establish sub-committees of the Board to assist it.

(2) Without prejudice to the generality of subsection (1) of this section, the Board may—

(a) advertise for applications for judicial appointment,

(b) require applicants to complete application forms,

(c) consult persons concerning the suitability of applicants to the Board,

(d) invite persons, identified by the Board, to submit their names for consideration by the Board,

(e) arrange for the interviewing of applicants who wish to be considered by the Board for appointment to judicial office, and

(f) do such other things as the Board considers necessary to enable it to discharge its functions under this Act.

15 Death or retirement of member of Board.

15.—(1) On the death or retirement of the Chief Justice, the senior ordinary judge of the Supreme Court who is for the time being available shall be a member of the Board until the appointment of a Chief Justice.

(2) On the death or retirement of the President of the High Court, the senior ordinary judge of the High Court who is for the time being available shall be a member of the Board until the appointment of a President of the High Court.

(3) On the death or retirement of the President of the Circuit Court, the senior judge for the time being available of the judges of the Circuit Court permanently assigned to the Dublin Circuit shall be a member of the Board until the appointment of a President of the Circuit Court.

(4) On the death or retirement of the President of the District Court, the senior judge of the District Court for the time being available of the judges of the District Court permanently assigned to the Dublin Metropolitan District shall be a member of the Board until the appointment of a President of the District Court.

16 Submission of names to Minister.

16.—(1) A person who wishes to be considered for appointment to judicial office shall so inform the Board in writing and shall provide the Board with such information as it may require to enable it to consider the suitability of that person for judicial office, including information relating to education, professional qualifications, experience and character.

(2) Subject to section 17 of this Act, on a request made by the Minister, the Board shall—

(a) where a judicial office stands vacant, or

(b) before a vacancy in a judicial office arises,

submit to the Minister the name of each person who has informed the Board of his or her wish to be considered for appointment to that judicial office and the Board shall recommend to the Minister at least seven persons for appointment to that judicial office.

(3) The Board shall provide the Minister with particulars of the education, professional qualifications, experience and character of the persons whom it recommends under this section.

(4) Where fewer than seven persons inform the Board of their wish to be appointed to a judicial office or where the Board is unable to recommend to the Minister, pursuant to subsection (2) of this section, at least seven persons, the Board shall submit to the Minister the name of each person who has informed the Board of his or her wish to be considered for appointment to judicial office and the Board shall recommend to the Minister for appointment to that office such of those persons as it considers suitable for appointment.

(5) Where more than one judicial office in the same court stands vacant, or in advance of more than one vacancy arising in the same court, at the request of the Minister, the Board shall submit to the Minister the name of each person who has informed the Board of his or her wish to be considered for appointment to judicial office and shall recommend to the Minister the names of at least seven persons in respect of each vacancy or such lesser number of names as the Minister shall specify following consultation with the Board.

(6) In advising the President in relation to the appointment of a person to a judicial office the Government shall firstly consider for appointment those persons whose names have been recommended to the Minister pursuant to this section.

(7) The Board shall not submit or recommend the name of a person to the Minister under this section unless the person satisfies the requirements of section 5 (2) (as amended by this Act) of the Act of 1961 (in the case of an appointment to the Supreme Court or High Court), section 17 (2) (as amended by this Act) of the Act of 1961 (in the case of an appointment to the Circuit Court) or section 29 (2) and (3) of the Act of 1961 (in the case of an appointment to the District Court), as regards the proposed appointment, and the Board shall not recommend the name of a person to the Minister unless, in the opinion of the Board, the person—

(a) has displayed in his or her practice as a barrister or solicitor, as the case may be, a degree of competence and a degree of probity appropriate to and consistent with the appointment concerned,

(b) is suitable on grounds of character and temperament,

(c) is otherwise suitable, and

(d) complies with the requirements of section 19 of this Act.

(8) Notice of an appointment to judicial office shall be published in the Iris Oifigiúil and the notice shall, if it be the case, include a statement that the name of the person was recommended by the Board to the Minister pursuant to this section.

17 Advice on appointment of judge to judicial office.

17.—Where the Government proposes to advise the President to appoint to judicial office a person who is for the time being a judge of the High Court, Circuit Court, District Court or who is eligible for appointment to the Supreme or the High Court under the provisions of paragraphs (c) and (d) of section 5 (2) (as inserted by section 28 of this Act) of the Act of 1961, the provisions of section 16 of this Act shall not apply.

18 Advice on appointment of Attorney General to judicial office.

18.—(1) Subject to subsections (2) and (3) of this section, the Board shall not submit to the Minister the names of any of its own members or recommend for appointment to judicial office any of its own members.

(2) The Board may recommend the Attorney General for appointment to judicial office.

(3) Where the Attorney General wishes to be considered for appointment to judicial office, he or she shall withdraw from any deliberations of the Board concerning his or her suitability for judicial office.

19 Undertaking to be given by applicants for judicial office.

19.—A person who wishes to be considered for appointment to judicial office shall undertake in writing to the Board his or her agreement, if appointed to judicial office, to take such course or courses of training or education, or both, as may be required by the Chief Justice or President of the court to which that person is appointed.

20 Confidentiality of communications.

20.—All proceedings of the Board and all communications to the Board shall be confidential and shall not be disclosed except for the purposes of this Act.

21 Staff of and assistance to Board.

21.—The Minister may make available to the Board such services, including staff, as the Minister may determine from time to time with the consent of the Minister for Finance.

22 Expenses.

22.—The expenses incurred in the administration of this Part of this Act shall be paid out of moneys provided by the Oireachtas.

23 Appointment of Chief Justice, etc.

23.—Where the Government proposes to advise the President on an appointment to the office of Chief Justice, President of the High Court, President of the Circuit Court or President of the District Court it shall have regard first to the qualifications and suitability of persons who are serving at that time as judges in courts established in pursuance of Article 34 of the Constitution.

PART V Master of High Court

24 Powers of Master of High Court.

24.—The Master of the High Court is hereby authorised by law to exercise limited functions and powers of a judicial nature within the scope of Article 37 of the Constitution.

25 Hearings by Master of High Court.

25.—(1) Subject to subsection (2) of this section and section 26 of this Act, the Master of the High Court may, in all such applications made ex parte or by motion on notice whether interlocutory or otherwise and in all such applications for judgement by consent or in default of appearance or defence as may from time to time be allocated for hearing by the Master of the High Court by the President of the High Court, exercise all the functions, powers and jurisdiction which a judge of the High Court exercises from time to time.

(2) Without prejudice to the powers of the Master of the High Court under the Jurisdiction of Courts and Enforcement of Judgments (European Communities) Act, 1988, the Master of the High Court shall not exercise any function, power or jurisdiction in respect of any of the following matters:

(a) matters relating to criminal proceedings;

(b) matters concerning the liberty of the person, including attachment;

(c) the granting of injunctions;

(d) bail;