Legalize / Ireland / Judicial Appointments Commission Act 2023 / History

Reform history

Judicial Appointments Commission Act 2023

2 versions · 2023-12-08 — 2025-01-01

2025-01-01

IE-2023-act-33 — consolidated version 2025-01-01

View changes Text at this date

2023-12-08

Judicial Appointments Commission Act 2023

original version Text at this date

Changes on 2025-01-01

@@ -1,12 +1,10 @@

# Judicial Appointments Commission Act 2023

## **PART 1** **Preliminary and General**

## PART 1 Preliminary and General

##### 1. **Short title, collective citation and commencement**

**1.** (1) This Act may be cited as the Judicial Appointments Commission Act 2023.

(2) (a) *Section*s *63*, *64* and *65* and the Courts (Supplemental Provisions) Acts 1961 to 2021 may be cited as the Courts (Supplemental Provisions) Acts 1961 to 2023.

(2) (a) *Sections 63*, *64* and *65* and the Courts (Supplemental Provisions) Acts 1961 to 2021 may be cited as the Courts (Supplemental Provisions) Acts 1961 to 2023.

(b) *Section 62* and the Courts of Justice Acts 1924 to 2019 may be cited together as the Courts of Justice Acts 1924 to 2023.

@@ -38,7 +36,7 @@

“Committee of Ministers” means the Committee of Ministers established by Article 10(i) of the Statute of the Council of Europe done at London on the 5th day of May 1949;

“Data Protection Regulation” means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016[^1] on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation);

“Data Protection Regulation” means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016^1 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation);

“Director” has the meaning assigned to it by *section 36(1)*;

@@ -180,7 +178,7 @@

**6.** Part IV, other than section 19A, of the Act of 1995 is repealed.

## **PART 2** **Judicial Appointments Commission**

## PART 2 Judicial Appointments Commission

##### 7. **Establishment day**

@@ -588,7 +586,7 @@

(b) any matter concerning the removal of a lay member of the Commission before such removal takes place under *section 21.*

(b) any matter concerning the removal of a lay member of the Commission before such removal takes place under *section 21*.

(3) A person who contravenes *subsection (2)* is guilty of an offence and is liable—

@@ -652,7 +650,7 @@

(2) *Subsection (1)* applies to a record held by the Commission, the Minister, the Minister for Foreign Affairs or the Government.

## **PART 3** **Judicial Appointments Commission Office**

## PART 3 Judicial Appointments Commission Office

##### 35. **Judicial Appointments Commission Office**

@@ -672,6 +670,8 @@

(b) thereafter, from time to time when the position of Director becomes vacant or the Commission anticipates it is to become vacant.

F1[(1A) The Director shall be a civil servant in the Civil Service of the State.]

(2) The Public Appointments Service shall, when requested to do so under *subsection (1)*, hold a selection process and recommend to the Minister such person or persons whom it is satisfied are suitable for appointment as Director.

(3) The Minister shall, from among the persons recommended by the Public Appointments Service under *subsection (2)*, appoint a person to be the Director.

@@ -684,7 +684,7 @@

(7) A person who is reappointed by the Minister in accordance with *subsection (6)* shall not hold office for periods the aggregate of which exceeds 10 years.

(8) The Director shall hold office under written contract upon and subject to such terms and conditions (including terms and conditions relating to remuneration, allowances and superannuation) as may be determined by the Commission with the consent of the Minister for Public Expenditure, National Development Plan Delivery and Reform.

(8) F2[…]

(9) The Minister may, pending the appointment of a Director following the holding of a selection process under *subsection (1)*, appoint a person to be the Director of the Office on an interim basis (in this subsection referred to as the “interim Director”) and where the Minister does so, the interim Director shall perform all the functions assigned to the Director by or under this Act and a reference in this Act to the Director includes a reference to the interim Director.

@@ -708,9 +708,9 @@

(3) The Director may, with the consent of the Commission in writing, revoke a delegation made in accordance with *subsection (1)*.

## **PART 4** **Recommendations for Appointment and for Nomination for Appointment or Election to Judicial Office**

### Chapter 1 *Preliminary and General*

## PART 4 Recommendations for Appointment and for Nomination for Appointment or Election to Judicial Office

### Chapter 1

##### 39. **Recommendations to be based on merit**

@@ -776,7 +776,7 @@

(4) In this section, a reference to improperly influencing a decision of any person in the process shall be construed as a reference to influencing such a decision other than by means of the taking of any legitimate steps in the process, the effect of which may be to influence another.

### Chapter 2 *Applications for recommendation for appointment and for nomination for appointment or election to judicial office and making of recommendations*

### Chapter 2

##### 42. **Invitation to apply for vacancy in judicial office**

@@ -816,7 +816,7 @@

(3) In this section, “relevant office holder” means a judge or other office holder referred to in any of clauses (I) to (VII) of section 5(2)(b)(i) of the Act of 1961.

##### 44. **Information to accompany application under *section 43***

##### 44. **Information to accompany application under section 43**

**44.** (1) Where a person makes an application under *section 43*, he or she shall—

@@ -850,7 +850,7 @@

##### 45. **Application under *section 43* by member of Commission**

##### 45. **Application under section 43 by member of Commission**

**45.** (1) Where the person making an application under *section 43* is—

@@ -970,7 +970,7 @@

(b) where no recommendation was made in respect of that vacancy, of that fact.

##### 50. **Statement and information to accompany recommendation under *section 47* or *48***

##### 50. **Statement and information to accompany recommendation under section 47 or 48**

**50.** The Commission shall, in respect of each person whom it recommends to the Minister under *section 47* or to the Minister or to the Minister for Foreign Affairs, as the case may be, under *section 48*, provide to the Minister concerned—

@@ -1022,7 +1022,7 @@

(b) particulars of the education, professional qualifications and experience of each person appointed.

## **PART 5** **Judicial Selection Statement: Statement of Requisite Knowledge, Skills and Attributes and Statement of Selection Procedures**

## PART 5 Judicial Selection Statement: Statement of Requisite Knowledge, Skills and Attributes and Statement of Selection Procedures

##### 56. **Consultation and submissions or observations at request of Commission**

@@ -1248,7 +1248,7 @@

##### 60. **Transitional arrangement: no judicial selection statement**

**60.** (1) *Subsection (2)* shall apply where, during the period commencing on the coming into operation of *section 46* and ending on the date of the publication of the first judicial selection statement under *section 57*, an invitation to apply for judicial office issues under *section 42.*

(2) For the purposes of *section 46*, the Commission shall—

@@ -1298,7 +1298,7 @@

(7) The Commission shall report to the Minister on any implementation measures it takes in respect of recommendations made by it or in respect of actions identified by the Minister for consideration by the Commission under this section.

## **PART 6** **Amendment of Act of 1961 and Other Enactments**

## PART 6 Amendment of Act of 1961 and Other Enactments

##### 62. **Amendment of Courts of Justice Act 1936**

@@ -1320,7 +1320,7 @@

(a) in section 2, by the insertion of the following definition in subsection (1):

“ ‘the Act of 2015’ means the Legal Services Regulation Act 2015;”,

“‘the Act of 2015’ means the Legal Services Regulation Act 2015;”,

(b) in section 5—

@@ -1462,7 +1462,7 @@

**“36.** The Minister may, with the consent of the Minister for Public Expenditure, National Development Plan Delivery and Reform, determine the amount or amounts, for the purposes of expenditure by the Council in the performance of its functions, which shall from time to time be advanced by the Courts Service to the Council out of moneys provided to it by the Oireachtas.”.

## **PART 7** **Dissolution of Judicial Appointments Advisory Board and Related Provision**

## PART 7 Dissolution of Judicial Appointments Advisory Board and Related Provision

##### 68. **Amendment of section 36 of Judicial Council Act 2019**

@@ -1476,58 +1476,3 @@

**69.** On and after the dissolution of the Judicial Appointments Advisory Board under *section 68*, no appointment to a judicial office shall be made pursuant to a recommendation, made before that dissolution, by the Judicial Appointments Advisory Board under section 16 of the Act of 1995 in relation to that office.

## **SCHEDULE** **The Commission**

*Section 8(2)*

**1.** The Commission shall be a body corporate with perpetual succession and an official seal and shall have power to sue, and may be sued, in its corporate name and shall, with the consent of the Minister and the Minister for Public Expenditure, National Development Plan Delivery and Reform have the power to acquire, hold and dispose of land or an interest in land, and shall have the power to acquire, hold and dispose of any other property.

**2.** The seal of the Commission shall be authenticated by the signatures of—

(a) the chairperson or another member of the Commission authorised by it to act in that behalf, and

(b) the Director or a member of staff of the Office authorised by the Commission.

**3.** Judicial notice shall be taken of the seal of the Commission and any document purporting to be an instrument made by, and to be sealed with the seal of, the Commission shall, unless the contrary is proved, be received in evidence and be deemed to be such instrument without further proof.

**4.** Any contract or instrument which, if entered into or executed by an individual, would not require to be under seal, may be entered into or executed on behalf of the Commission by any person generally or specially authorised by the Commission in that behalf.

**5.** Where a member of the Commission or the Director is—

(a) nominated as a member of Seanad Éireann,

(b) elected as a member of either House of the Oireachtas or to be a member of the European Parliament,

(c) regarded pursuant to Part XIII of the Second Schedule to the Act of 1997 as having been elected to that Parliament, or

(d) is elected or co-opted as a member of a local authority,

he or she shall thereupon cease to be a member of the Commission or Director, as the case may be.

(2) Where a member of staff of the Office is—

(a) nominated as a member of Seanad Éireann,

(b) elected as a member of either House of the Oireachtas or to be a member of the European Parliament,

(c) regarded pursuant to Part XIII of the Second Schedule to the Act of 1997 as having been elected to that Parliament, or

(d) is elected or co-opted as a member of a local authority,

he or she shall thereupon stand seconded from that employment and shall not be paid by, or entitled to receive from, the Commission any remuneration or allowances in respect of the period commencing on such nomination, election or co-option, or when he or she is regarded as having been elected or co-opted, as the case may be, and ending when such person ceases to be a member of either House, the Parliament or a member of the local authority, as the case may be.

(3) A person who is for the time being—

(a) entitled under the Standing Orders of either House of the Oireachtas to sit therein,

(b) a member of the European Parliament, or

shall, while he or she is so entitled as mentioned in *clause (a)* or *(c)* or is such a member as mentioned in *clause (b)*, be disqualified for membership of the Commission or for employment in any capacity by the Commission or the Office.

(4) In this paragraph—

“Act of 1997” means the European Parliament Elections Act 1997;

“local authority” means a local authority within the meaning of section 2 (as amended by Part 1 of Schedule 1 to the Local Government Reform Act 2014) of the Local Government Act 2001.