Courts and Court Officers Act 2002

PART 1 Preliminary and General

1 Short title, commencement, construction and collective citation.

1.—(1) This Act may be cited as the Courts and Court Officers Act, 2002.

(2) Sections 13 to 21 shall come into operation on such day or days as the Minister for Justice, Equality and Law Reform may appoint by order or orders either generally or with reference to any particular provision and different days may be so appointed for different provisions, but those sections or any provision of them shall not apply in relation to proceedings in any court instituted before the day so appointed in respect of the section concerned or the provision concerned.

(3) Sections 22, 29 and 46 shall come into operation on such day or days as the Minister for Justice, Equality and Law Reform may appoint by order or orders either generally or with reference to any particular provision and different days may be so appointed for different provisions.

(4) Section 31 shall be deemed to have come into operation on the 1st day of January, 2002.

(5) Section 39 to 43 shall be deemed to have come into operation on the 9th day of November, 1999.

(6) The provisions of this Act, insofar as they amend the Courts (Supplemental Provisions) Acts, 1961 to 2000, shall be construed as one with those Acts, and those provisions, the Courts (No. 2) Act, 1991, and those Acts may be cited together as the Courts (Supplemental Provisions) Acts, 1961 to 2002.

(7) The provisions of this Act, insofar as they amend the Court Officers Acts, 1926 to 1999, shall be construed as one with those Acts, and those provisions and those Acts may be cited together as the Court Officers Acts, 1926 to 2002.

2 Interpretation.

2.—(1) In this Act—

“Act of 1936” means Courts of Justice Act, 1936;

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

“Act of 1981” means Courts Act, 1981;

“Act of 1991” means Courts Act, 1991;

“Act of 1995” means Courts and Court Officers Act, 1995;

“Act of 1998” means Courts Service Act, 1998.

(2) In this Act—

(a) a reference to a section or Schedule is a reference to a section of, or a Schedule to, this Act unless it is indicated that reference to some other enactment is intended,

(b) a reference to a subsection is a reference to a subsection of the provision in which the reference occurs unless it is indicated that reference to some other provision is intended, and

(c) a reference to any enactment shall be construed as a reference to that enactment as amended, adapted or extended by or under any subsequent enactment (including this Act).

3 Repeals.

3.—The enactments specified in column (2) of Schedule 1 are repealed to the extent specified in column (3) of that Schedule.

PART 2 Qualification of Judges

4 Amendment of section 5 of Act of 1961.

4.—Section 5 of the Act of 1961 is amended by the substitution of the following subsection for subsection (2):

“(2) (a) Subject to paragraphs (b) and (c) of this subsection, a person shall be qualified for appointment as a judge of the Supreme Court or the High Court if the person is for the time being a practising barrister or a practising solicitor of not less than 12 years' standing who has practised as a barrister or a solicitor for a continuous period of not less than 2 years immediately before such appointment.

(b) A person who—

(i) is or was at any time during the period of 2 years immediately before the appointment concerned—

(I) a judge of the Court of Justice of the European Communities,

(II) a judge of the Court of First Instance attached to that Court,

(III) an Advocate-General of the Court of Justice of the European Communities,

(IV) a judge of the European Court of Human Rights established under the Convention for the Protection of Human Rights and Fundamental Freedoms done at Rome on the 4th day of November, 1950,

(V) a judge of the International Court of Justice established under the Charter of the United Nations,

(VI) a judge of the International Criminal Court established under the Rome Statute of the International Criminal Court done at Rome on the 17th day of July, 1998, upon the entry into force of that Statute,

(VII) a judge of an international tribunal within the meaning of section 2 of the International War Crimes Tribunals Act, 1998,

and

(ii) was a practising barrister or a practising solicitor before appointment to any of the offices referred to in subparagraph (i) of this paragraph,

shall be qualified for appointment as a judge of the Supreme Court or the High Court.

(c) A judge of the Circuit Court who has served as such a judge for a period of not less than 2 years shall be qualified for appointment as a judge of the Supreme Court or the High Court.”.

5 Amendment of section 17 of Act of 1961.

5.—Section 17 of the Act of 1961 is amended by the substitution of the following subsections for subsection (2):

“(2) A person who is for the time being a practising barrister or a practising solicitor of not less than 10 years' standing shall be qualified for appointment as a judge of the Circuit Court.

(2A) A judge of the District Court shall be qualified for appointment as a judge of the Circuit Court.

(2B) A county registrar who practised as a barrister or a solicitor for not less than 10 years before he or she was appointed to be a county registrar shall be qualified for appointment as a judge of the Circuit Court.”.

6 Periods of practice as barrister and solicitor reckonable.

6.—Where a person has practised as a barrister and as a solicitor, periods of practice as a barrister and periods of practice as a solicitor may be reckoned to satisfy the minimum period of practice as a barrister, or as a solicitor, required by—

(a) subsection (2)(a) of section 5 (as amended by section 4) of the Act of 1961 in the case of an appointment as a judge of the Supreme Court or the High Court,

(b) subsection (2) or (2B) of section 17 (as amended by section 5) of the Act of 1961 in the case of an appointment as a judge of the Circuit Court,

(c) section 14(1) (as amended by section 29 of the Act of 1995) of the Act of 1936 in the case of an appointment to act temporarily as a judge of the Circuit Court,

(d) subsection (2) or (3) of section 29 of the Act of 1961 in the case of an appointment as a judge of the District Court, or

(e) section 51(1) (as amended by section 48(8) of the Act of 1961) of the Act of 1936 in the case of an appointment to act temporarily as a judge of the District Court.

7 Amendment of section 14 of Law Reform Commission Act, 1975.

7.—Section 14 of the Law Reform Commission Act, 1975, is amended—

(a) in subsection (2)—

(i) by the substitution of “Subject to subsection (2A) of this section, when a person who is a barrister or a solicitor is appointed” for “When a person who is a barrister is appointed”, and

(ii) by the substitution of “shall be deemed to be practice as a barrister or a solicitor, as may be appropriate” for “shall be deemed to be practice at the Bar”,

and

(b) by the insertion of the following subsection after subsection (2):

“(2A) Service as a Commissioner in a whole-time capacity or a whole-time officer of the Commission shall not be deemed to be practice as a barrister or a solicitor to satisfy the requirement in subsection (2)(a) of section 5 (as amended by section 4 of the Courts and Court Officers Act, 2002) of the Act of 1961 of a continuous period of not less than 2 years practice by a person as a barrister or a solicitor immediately before the appointment of the person as a judge of the Supreme Court or the High Court.”.

PART 3 Judicial Appointments

8 Amendment of section 16 of Act of 1995.

8.—Section 16 of the Act of 1995 is amended by the substitution of the following subsections for subsection (7):

“(7) (a) When submitting the name of a person to the Minister under this section, the Board shall indicate whether the person satisfies the requirements of subsection (2) of section 5 (as amended by section 4 of the Courts and Court Officers Act, 2002) of the Act of 1961 (in the case of an appointment to the office of ordinary judge of the Supreme Court or of ordinary judge of the High Court), subsection (2) or (2B) of section 17 (as amended by section 5 of the Courts and Court Officers Act, 2002) of the Act of 1961 (in the case of an appointment to the office of ordinary judge of the Circuit Court) or subsection (2) or (3) of section 29 of the Act of 1961 (in the case of an appointment to the office of judge of the District Court) in respect of appointment to the judicial office for which the person wishes to be considered, and the Board shall not recommend a person to the Minister under this section unless the person satisfies those requirements.

(b)(i) The Board shall recommend a person to the Minister under this section only if the Board is of the opinion that the person—

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

(II) in the case of an appointment to the office of ordinary judge of the Supreme Court or of ordinary judge of the High Court, has an appropriate knowledge of the decisions, and an appropriate knowledge and appropriate experience of the practice and procedure, of the Supreme Court and the High Court,

(III) is suitable on the grounds of character and temperament,

(IV) complies with the requirements of section 19 of this Act, and

(V) is otherwise suitable.

(ii) In determining whether the requirements of subparagraph (i)(II) of this paragraph are satisfied, the Board shall have regard, in particular, to the nature and extent of the practice of the person concerned insofar as it relates to his or her personal conduct of proceedings in the Supreme Court and the High Court whether as an advocate or as a solicitor instructing counsel in such proceedings or both.”.

9 Amendment of section 17 of Act of 1995.

9.—Section 17 of the Act of 1995 is amended by the substitution of “subsection (2)(b) of section 5 (as amended by section 4 of the Courts and Court Officers Act, 2002) of the Act of 1961” for “the provisions of paragraphs (c) and (d) of section 5(2) (as inserted by section 28 of this Act) of the Act of 1961”.

10 Vacation of certain offices before appointment to judicial office.

10.—The Act of 1995 is amended by the insertion of the following section after section 17:

“17A.—A person who for the time being holds the office of—

(a) judge of the Court of Justice,

(b) judge of the Court of First Instance attached to that Court,

(c) Advocate-General of the Court of Justice,

(d) judge of the European Court of Human Rights established under the Convention for the Protection of Human Rights and Fundamental Freedoms done at Rome on the 4th day of November, 1950,

(e) judge of the International Court of Justice established under the Charter of the United Nations,

(f) judge of the International Criminal Court established under the Rome Statute of the International Criminal Court done at Rome on the 17th day of July, 1998, upon the entry into force of that Statute,

(g) judge of an international tribunal within the meaning of section 2 of the International War Crimes Tribunals Act, 1998,

shall vacate the office concerned before the President appoints the person to a judicial office.”.

11 Annual Report of Judicial Appointments Advisory Board.

11.—The Act of 1995 is amended by the insertion of the following section after section 20:

“20A.—(1) Subject to subsection (2) of this section, the Board shall, as soon as may be, but not later than 6 months, after the end of each year, make a report in writing to the Minister of its activities during that year, and the Minister shall cause copies of the report to be laid before each House of the Oireachtas.

(2) The first report under subsection (1) of this section shall be in respect of the period from the passing of the Courts and Court Officers Act, 2002, to the end of the year in which that Act is passed.

(3) The Minister may, after consultation with the Board, give directions to it regarding the form of a report under this section and the manner in which any matter is to be addressed in such a report.

(4) Subject to subsection (5) of this section, the Board shall include in a report under this section such information relating to the performance of its functions as the Minister may from time to time specify and, without prejudice to the generality of the foregoing, it may include information on one or more of the following:

(a) the number of persons considered by the Board for appointment to each vacancy in a judicial office in the Supreme Court, the High Court, the Circuit Court and the District Court respectively in the period concerned,

(b) the gender, professional qualifications and experience of the persons referred to in paragraph (a) of this subsection in relation to each such vacancy,

(c) the gender, professional qualifications and experience of persons appointed to a judicial office in the period concerned,

(d) the procedures of the Board for examining applications for appointment to a judicial office,

(e) the criteria used by the Board to select the persons it recommended to the Minister under section 16 of this Act.

(5) A report under this section shall not include information that discloses, or is likely to disclose, the identity of any person who was considered by the Board in relation to an appointment to a judicial office and was not appointed to such an office.”.

12 Completion of partly heard cases by judge appointed to higher court.

12.—The Courts (Establishment and Constitution) Act, 1961, is amended by the insertion of the following section after section 6:

“6A.—(1) Where a judicial office within the meaning of section 6 of this Act is vacated by a person in accordance with subsection (3) of that section, the person shall complete the hearing of any case or cases that have been partly heard by the person in the Court in which the judicial office is vacated if, at the request of the President of that Court—

(a) in case the person is appointed to the office of Chief Justice, President of the High Court or President of the Circuit Court, he or she considers it appropriate to do so, or

(b) in case the person is appointed to the office of ordinary judge of the Supreme Court, the Chief Justice requests the person to do so, or in case the person is appointed to the office of ordinary judge of the High Court or of the Circuit Court, the President of the High Court or the President of the Circuit Court, as may be appropriate, requests the person to do so.

(2) Whenever a judge sits in a Court in pursuance of this section, he or she shall be an additional judge of the Court concerned for all the purposes of that Court.”.

PART 4 Circuit Court and District Court

13 Extension of jurisdiction of Circuit Court.

13.—Each provision specified in column (3) of Part 1 of Schedule 2 of the enactments specified in the said Part 1 conferring jurisdiction in a civil matter on the Circuit Court is amended by the substitution of “€100,000” for “£30,000” (being the monetary limit for the time being standing specified of the jurisdiction so conferred) in each place where it occurs.

14 Extension of jurisdiction of District Court.

14.—Each provision specified in column (3) of Part 2 of Schedule 2 of the enactments specified in the said Part 2 conferring jurisdiction in a civil matter on the District Court is amended by the substitution of “€20,000” for “£5,000” (being the monetary limit for the time being standing specified of the jurisdiction so conferred) in each place where it occurs.

15 Amendment of Third Schedule to Act of 1961.

15.—The Third Schedule to the Act of 1961 is amended in column (3) at reference number 14 by the substitution of “€50,000” for “£15,000” (inserted by section 2(1)(b) of the Act of 1991).

16 Amendment of section 115 of Finance Act, 1993.

16.—Section 115 of the Finance Act, 1993, is amended by the substitution of “€100,000” for “£15,000”.

17 Amendment of section 17 of Act of 1981.

17.—Section 17 (inserted by section 14 of the Act of 1991) of the Act of 1981 is amended—

(a) in subsection (2), by the substitution of “€85,000” for “£25,000” and of “€100,000” for “£30,000”, and

(b) in subsection (3), by the substitution of “€20,000” for “£5,000” and of “€50,000” for “£15,000”.

18 Amendment of section 15(2) of Act of 1991.

18.—Section 15(2) of the Act of 1991 is amended by the substitution of “€20,000” for “£5,000” and of “€40,000” for “£10,000”.

19 Extension of jurisdiction of Circuit Court and District Court under section 21A of Family Law (Maintenance of Spouses and Children) Act, 1976.

19.—Section 21A (inserted by section 21 of the Status of Children Act, 1987) of the Family Law (Maintenance of Spouses and Children) Act, 1976, is amended in subsection (1) by the substitution of “€4,000” for “£1,500” and of “€2,000” for “£750” in each place where it occurs.

20 Extension of jurisdiction of Circuit Court and District Court under section 23 of Family Law (Maintenance of Spouses and Children) Act, 1976.

20.—Section 23 (inserted by section 12 of the Act of 1981) of the Family Law (Maintenance of Spouses and Children) Act, 1976, is amended in subsection (2)(a) by—

(a) the substitution of “€500” for “£200” (inserted by section 11 of the Act of 1991), and

(b) the substitution of “€150” for “£60” (inserted by the said section 11).

21 Extension of jurisdiction of Circuit Court and District Court under Guardianship of Infants Act, 1964.

21.—Section 5 (inserted by section 15(1)(a) of the Act of 1981) of the Guardianship of Infants Act, 1964, is amended in subsection (2) by the substitution of “€150” for “£60” (inserted by section 12 of the Act of 1991).

22 Amendment of Second Schedule to Act of 1995.

22.—The Second Schedule to the Act of 1995 is amended—

(a) in paragraph 1—

(i) by the substitution of the following subparagraphs for subparagraph (v):