Commission Makes Recommendations to Minister and Oireachtas on Proposed Judicial Appointments Law
The Attorney General as the Government’s Chief Legal Advisor should not have a role in the process to appoint new Judges, the Irish Human Rights and Equality Commission (‘The Commission’) has told the Minister for Justice and Oireachtas Members in a recommendations paper published today. The Commission has provided its recommendations on the General Scheme of the Judicial Appointments Commission Bill 2020 the Minister for Justice and the Oireachtas Justice Committee. The Commission sets out its view that the draft law should be revised to require as far as practicable gender balance, and diversity in the make-up of the Judicial Appointment Commission (JAC), both in members from the judiciary and among lay members. The process to appoint judges should be advertised in an accessible way, based on objective criteria and should see mandatory interviews and judicial skills tests to select candidates. Among the objective criteria would be an ability to understand and deal fairly with all persons and communities served by the courts. The Commission is clear that the previous practice of at least 7 candidates being provided to Government without any order of priority for appointment is entirely out of keeping with international human rights standards on judicial independence. The legislation being drafted, the Commission recommends, should clearly set out that the number of candidates that the JAC recommends to Government should be significantly reduced and ranked. Other recommendations from the Commission include:- The removal of the requirements that legal academics must hold permanent positions and have four years post qualification as a solicitor or a barrister.
- The Commission welcomes the formal requirements for recusals in cases of decision on judicial appointments, but recommends that robust practices be put in place to ensure transparency and independence.
- Draft law be revised to include time-limits and rules relating to reappointment of all lay members and members nominated by the Judicial Council, in line with provisions governing appointments to Policing Authority and the Commission.
“A diverse judiciary can better represent society and better serve court users. “The Commission wants to see a new Judicial Appointments Commission detail its inclusion measures to pursue greater diversity, and in this way set out a clear statutory mandate for ongoing work in this area. “Independence of the judiciary is an essential element of the public’s perception of the judiciary and confidence in the judicial system. Perceptions can affect an individual’s decision to bring cases to court or refrain from legal action. The highest human rights standards must apply to ensure judicial independence and impartiality.”ENDS/ For further information, please contact: Brian Dawson, IHREC Communications Manager, 01 8589601 / (087) 0697095 bdawson@ihrec.ie Follow us on twitter @_IHREC