DÁIL ÉIREANN

AN BILLE FÁ CHOIMISIÚN UM CHEAPACHÁIN BHREITHIÚNACHA, 2017 JUDICIAL APPOINTMENTS COMMISSION BILL 2017 LEASUITHE TUARASCÁLA REPORT AMENDMENTS

[No. 71a of 2017] [15 May, 2018]

DÁIL ÉIREANN

AN BILLE FÁ CHOIMISIÚN UM CHEAPACHÁIN BHREITHIÚNACHA, 2017 —AN TUARASCÁIL

JUDICIAL APPOINTMENTS COMMISSION BILL 2017 —REPORT

Leasuithe Amendments

1. In page 7, line 7, to delete “through committees of” and substitute “by”. —An tAire Dlí agus Cirt agus Comhionannais. 2. In page 7, lines 9 to 12, to delete all words from and including “and” where it secondly occurs in line 9 down to and including “relates” in line 12. —An tAire Dlí agus Cirt agus Comhionannais. 3. In page 9, to delete lines 30 to 34, and in page 10, to delete lines 1 to 6 and substitute the following: “7. (1) No person shall be recommended, under this Act, for appointment to judicial office unless they are of sufficient merit to discharge with distinction the responsibilities of the office to which they are appointed (the “Merit Principle”). (2) Subject always to the Merit Principle described in subsection (1), recommendations of persons for appointment to judicial office under this Act shall have regard to the “Diversity Principle”— (a) the objective that membership of the judiciary should comprise equal numbers of men and women, and (b) the objective that the membership of the judiciary should reflect the diversity within the population as a whole. (3) Subject always to the Merit Principle described in subsection (1), a list of persons recommended for appointment to judicial office under this Act shall include at least one person whose appointment would further the objectives of the Diversity Principle described in subsection (2).”. —Donnchadh Ó Laoghaire, , John Brady, Pat Buckley, Seán Crowe, , , , Martin J. Ferris, , , Mary Lou McDonald, , , Jonathan O'Brien, Eoin Ó Broin, Caoimhghín Ó Caoláin, Louise O'Reilly, Aengus Ó Snodaigh, Maurice Quinlivan, Brian Stanley, Peadar Tóibín. 4. In page 10, line 2, to delete “and” where it secondly occurs. —An tAire Dlí agus Cirt agus Comhionannais.

[No. 71a of 2017] [15 May, 2018] 5. In page 10, to delete lines 5 and 6 and substitute the following: “(c) the objective that, consistent with the written statement most recently provided under section 50(7)* to the Procedures Committee concerning the needs of the users of the courts in that regard, the membership of the judiciary should include persons with a proficiency in the Irish language.”. —An tAire Dlí agus Cirt agus Comhionannais. [*This is a reference to the subsection proposed to be inserted by amendment 102.] 6. In page 10, to delete lines 20 to 28 and substitute the following: “10. (1) The Commission shall consist of 11 members being— (a) the Chief Justice, (b) the President of the Court of Appeal, (c) the President of the , (d) the President of the Circuit Court, (e) the President of the District Court, (f) a lay person nominated by the Irish Human Rights and Equality Commission, (g) a lay person nominated by the Free Legal Advice Centres Limited, (h) a lay person nominated by the Citizens Information Board, (i) a lay person nominated by an tÚdarás um Ard-Oideachas, (j) a practising barrister nominated under section 13, and (k) a practising solicitor nominated under section 13. (2) The Commission shall elect its own chairperson.”. —Jim O'Callaghan. 7. In page 10, to delete lines 20 to 28 and substitute the following: “10. (1) The Commission shall consist of 14 members being— (a) the Chief Justice, (b) the President of the Court of Appeal, (c) the President of the High Court, (d) the President of the Circuit Court, (e) the President of the District Court, (f) a practising barrister nominated under section 13, (g) a practising solicitor nominated under section 13, (h) the Chief Commissioner of the Irish Human Rights and Equality Commission, (i) 6 lay persons appointed under section 12.”.

2 —Mick Wallace. 8. In page 10, line 20, to delete “13 members” and substitute “17 members”. —An tAire Dlí agus Cirt agus Comhionannais. 9. In page 10, line 20, to delete “13 members” and substitute “14 members”. —Clare Daly. 10. In page 10, between lines 23 and 24, to insert the following: “(d) the President of the Circuit Court, (e) the President of the District Court, (f) the Attorney General,”. —An tAire Dlí agus Cirt agus Comhionannais. 11. In page 10, between lines 23 and 24, to insert the following: “(d) the President of the Circuit Court, (e) the President of the District Court,”. —Clare Daly. 12. In page 10, to delete line 24 and substitute the following: “(g)* a member, being a person who is— (i) a lay person, and (ii) a member of the Irish Human Rights and Equality Commission, nominated by that Commission under section 12,”. —An tAire Dlí agus Cirt agus Comhionannais. [*This is the correct reference if amendment 10 is accepted.] 13. In page 10, to delete line 27. —Clare Daly. 14. In page 10, to delete line 28 and substitute the following: “(k)* 7 lay persons appointed under section 12.”. —An tAire Dlí agus Cirt agus Comhionannais. [*This is the correct reference if amendment 10 is accepted.] 15. In page 10, to delete line 28 and substitute the following: “(h) 3 lay persons appointed under section 15(3) (the General Lay Appointments), and (i) 3 lay persons appointed under section 15(3) (the Diversity and Social Inclusion Appointments).”. —Donnchadh Ó Laoghaire, Gerry Adams, John Brady, Pat Buckley, Seán Crowe,

3 David Cullinane, Pearse Doherty, Dessie Ellis, Martin J. Ferris, Kathleen Funchion, Martin Kenny, Mary Lou McDonald, Denise Mitchell, Imelda Munster, Jonathan O'Brien, Eoin Ó Broin, Caoimhghín Ó Caoláin, Louise O'Reilly, Aengus Ó Snodaigh, Maurice Quinlivan, Brian Stanley, Peadar Tóibín. 16. In page 10, line 28, after “section 12” to insert “, one of whom shall be elected chairperson under section 12”. —Clare Daly. 17. In page 10, between lines 28 and 29, to insert the following: “(2) Subsection (1) is without prejudice to sections 17 and 44 (which make provision, in limited and defined circumstances, for substitutes for certain of the foregoing persons).”. —An tAire Dlí agus Cirt agus Comhionannais. 18. In page 11, to delete line 19 and substitute “any of paragraphs (a) to (g)* of section 10(1).”. —An tAire Dlí agus Cirt agus Comhionannais. [*These are the correct references if amendments 10 and 12 are accepted.] 19. In page 11, line 21, to delete “section 10(1)(a), (b), (c) or (d)” and substitute “in any of paragraphs (a) to (f)* of section 10(1)”. —An tAire Dlí agus Cirt agus Comhionannais. [*These are the correct references if amendment 10 is accepted.] 20. In page 11, to delete lines 23 to 29. —Mick Wallace. 21. In page 11, line 27, to delete “or”. —An tAire Dlí agus Cirt agus Comhionannais. 22. In page 11, line 29, to delete “section or.” and substitute “section 13(1) or (2), or”. —An tAire Dlí agus Cirt agus Comhionannais. 23. In page 11, between lines 29 and 30, to insert the following: “(c) in the case of a member referred to in section 10(1)(g)*, without the need for a new nomination by the nominator referred to in section 12(8)**.”. —An tAire Dlí agus Cirt agus Comhionannais. [*This is the correct reference if amendments 10 and 12 are accepted.] [**This is a reference to the subsection proposed to be inserted by amendment 42.]

4 24. In page 12, to delete lines 22 to 39, to delete page 13, and in page 14, to delete lines 1 to 8 and substitute the following:

“Nomination of lay persons for appointment 12. (1) A lay person nominated for appointment as a member of the Commission pursuant to paragraphs (f) to (k)* of section 10(1)** shall only be appointed if the nominating body is satisfied that the person— (a) is a fit and proper person to be so appointed, and (b) is suitable for appointment having due regard to— (i) his or her having demonstrated experience of effective board management and corporate governance, (ii) his or her having such experience, qualifications, training or expertise as is appropriate having regard to the functions of the Commission, (iii) the desirability that he or she has knowledge of and experience in the matters specified in paragraphs (a) to (g) of subsection (2), and (iv) the objective that the members of the Commission appointed pursuant to paragraphs (f) to (k)* of section 10(1)** will comprise an equal number of women and of men and reflect the diversity of the population as a whole. (2) The matters referred to in subsection (1)(b)(iii) are matters connected with: (a) the operation of the courts, (b) the provision of supports to persons who were victims of crime or to users of the services provided by the courts, (c) human rights, equality or issues concerning diversity amongst members of society, (d) offending behaviour and/or the rehabilitation of offenders, (e) processes and procedures for making appointments to public office or to senior positions in public or private sector organisations, (f) commerce, finance, civil society, trade union activity and academia, and (g) professional dispute resolution or mediation activities.”. —Jim O'Callaghan. [*These are references to the paragraphs proposed to be inserted by amendment 6.] [**This is a reference to the subsection proposed to be inserted by amendment 6.] 25. In page 12, line 25, to delete “each of subsections (2) and” and substitute “subsection”. —Clare Daly, Mick Wallace. 26. In page 12, line 29, to delete “either subsection (2) or” and substitute “subsection”. —Clare Daly, Mick Wallace.

5 27. In page 12, between lines 33 and 34, to insert the following: “(2) Save in subsection (8)*, a reference in this section to a lay person or lay member is a reference to a person referred to in section 10(1)(j) or (k)**.”. —An tAire Dlí agus Cirt agus Comhionannais. [*This is a reference to the subsection proposed to be inserted by amendment 42.] [**These are the correct references if amendments 10, 12 and 14 are accepted.] 28. In page 12, to delete lines 34 to 36 and substitute the following: “(2) As soon as may be after commencement of this section, members of the Commission shall elect a chairperson from the Commission’s membership by way of a simple majority vote.”. —Clare Daly, Mick Wallace. 29. In page 12, to delete lines 37 to 39, to delete page 13, and in page 14, to delete lines 1 to 8 and substitute the following: “(3) The Public Appointments Service shall recommend lay persons for appointment by the Minister to the Commission, according to section 10(1)(h)* (the General Lay Appointments) following an open selection process held by the Service for that purpose. (4) The Public Appointments Service shall recommend lay persons for appointment by the Minister to the Commission, according to section 10(1)(i)** (the Diversity and Social Inclusion Appointments) according to the process outlined in subsection (9). (5) The Public Appointments Service shall ensure that a lay person is recommended under subsection (2) for appointment as chairperson only if it is satisfied that the person— (a) is a fit and proper person to be so appointed, and (b) is suitable for appointment having due regard to— (i) his or her having demonstrated experience of effective board management and corporate governance, (ii) his or her having such experience, qualifications, training or expertise as is appropriate having regard to the functions of the Commission, and (iii) the desirability that he or she has knowledge of, and experience in, the matters specified in paragraphs (a) to (e) and (g) of subsection (8). (6) Subject to subsection (7), in conducting a selection process under subsection (3) for the purpose of recommending lay persons under that subsection for appointment, the Public Appointments Service shall have regard to the desirability that the lay members of the Commission will, amongst them, possess knowledge of, and professional experience in, as many as possible of the matters specified in subsection (8). (7) The Public Appointments Service shall ensure that a lay person is recommended under subsection (3) for appointment to the Commission only if it is satisfied that the

6 person— (a) is a fit and proper person to be so appointed, and (b) is suitable for appointment by reason of the person’s possessing such experience, qualifications, training or expertise as is appropriate having regard to the functions of the Commission. (8) The matters referred to in subsections (4) and (5) are matters connected with: (a) the operation of the courts; (b) the provision of supports to persons who are victims of crime or to users of the services provided by the courts; (c) human rights, equality or issues concerning diversity amongst members of society; (d) processes and procedures for making appointments to public office or to senior positions in public or private sector organisations; (e) commerce, finance or administration, including public administration; (f) board membership and corporate governance; and (g) professional dispute resolution or mediation activities. (9) (a) The Public Appointments Commission, shall for the purposes of this section, seek nominations from a list of named nominating bodies, hereafter, the Diversity and Inclusion Panel. (b) This Panel of nominating bodies shall be maintained by the Public Appointments Commission, and to qualify for membership, an organisation must demonstrate its relevance to the objectives of diversity outlined in section 7***, and/or the nine grounds in the Employment Equality Acts. (c) This Panel shall not have a maximum number of organisations entitled to nominate a person for this section, however, each organisation will only be entitled to nominate a single person on each occasion, that there is a vacancy in line with section 10(1)(i)**. (d) On each occasion that there is a vacancy under section 10(1)(i)**, the Public Appointments Commission shall seek expressions of interest from the organisations on the Diversity and Inclusion Panel. (e) The Public Appointments Service shall from these named persons, recommend lay persons for appointment by the Minister to the Commission, in accordance with subsection (10). (10) Subject to subsection (9), in conducting a selection process under subsection (4) for the purpose of recommending lay persons under that subsection for appointment, the Public Appointments Service shall have regard to the desirability that the lay members of the Commission will, amongst them, possess knowledge of, and professional experience in, as many as possible of the matters specified in subsection (8).”.

7 —Donnchadh Ó Laoghaire, Gerry Adams, John Brady, Pat Buckley, Seán Crowe, David Cullinane, Pearse Doherty, Dessie Ellis, Martin J. Ferris, Kathleen Funchion, Martin Kenny, Mary Lou McDonald, Denise Mitchell, Imelda Munster, Jonathan O'Brien, Eoin Ó Broin, Caoimhghín Ó Caoláin, Louise O'Reilly, Aengus Ó Snodaigh, Maurice Quinlivan, Brian Stanley, Peadar Tóibín. [*This is a reference to the paragraph proposed to be inserted by amendment 15.] [**This is a reference to the paragraph proposed to be inserted by amendment 15.] [***This is a reference to the section proposed to be inserted by amendment 3.] 30. In page 13, to delete lines 1 to 11. —Clare Daly. 31. In page 13, line 15, after “the” where it secondly occurs to insert “lay”. —An tAire Dlí agus Cirt agus Comhionannais, Clare Daly. 32. In page 13, lines 15 and 16, to delete “appointed pursuant to paragraphs (e), (f) and (h) of section 10(1) will” and substitute “should”. —An tAire Dlí agus Cirt agus Comhionannais, Clare Daly. 33. In page 13, line 19, after “the” where it secondly occurs to insert “lay”. —An tAire Dlí agus Cirt agus Comhionannais, Clare Daly. 34. In page 13, lines 19 and 20, to delete “appointed pursuant to paragraphs (e), (f) and (h) of section 10(1) will” and substitute “should”. —An tAire Dlí agus Cirt agus Comhionannais, Clare Daly. 35. In page 13, line 22, after “the” where it secondly occurs to insert “lay”. —An tAire Dlí agus Cirt agus Comhionannais, Clare Daly. 36. In page 13, lines 22 and 23, to delete “appointed pursuant to paragraphs (e), (f) and (h) of section 10(1) will” and substitute “should”. —An tAire Dlí agus Cirt agus Comhionannais, Clare Daly. 37. In page 13, line 38, to delete “and/or the rehabilitation of offenders” and substitute “or the rehabilitation of offenders (or both)”. —An tAire Dlí agus Cirt agus Comhionannais, Clare Daly. 38. In page 13, to delete lines 39 and 40. —Clare Daly, Mick Wallace. 39. In page 14, line 1, after “finance,” to insert “or administration, including public administration,”. —An tAire Dlí agus Cirt agus Comhionannais.

8 40. In page 14, line 1, to delete “civil society, trade union activity and academia” and substitute “civil society, trade union activity or academia”. —Clare Daly, Mick Wallace. 41. In page 14, between lines 1 and 2, to insert the following: “(g) board membership and corporate governance; and”. —An tAire Dlí agus Cirt agus Comhionannais. 42. In page 14, to delete lines 3 to 8 and substitute the following: “(8) The Irish Human Rights and Equality Commission shall nominate one of its members, being a lay person, to be the member of the Commission to whom section 10(1)(g)* refers and the person, so nominated, shall accordingly be appointed by the Minister to be the member so referred to.”. —An tAire Dlí agus Cirt agus Comhionannais. [*This is the correct reference if amendments 10 and 12 are accepted.] 43. In page 14, to delete lines 19 to 23 and substitute the following: “(2) The Minister shall appoint lay persons, nominated under section 10(1)*, to be members of the Commission.”. [*This is a reference to the subsection proposed to be inserted by amendment 6.] —Jim O'Callaghan. 44. In page 14, line 20, to delete “the subject of a recommendation” and substitute “elected”. —Clare Daly. 45. In page 14, line 37, to delete “lay”. —Jim O'Callaghan, Mick Wallace. 46. In page 15, line 4, to delete “7 members, 4 of whom shall be lay members” and substitute “9 members, 5 of whom shall be lay members”. —An tAire Dlí agus Cirt agus Comhionannais. 47. In page 15, line 4, to delete “7 members” and substitute “8 members”. —Clare Daly, Mick Wallace. 48. In page 15, line 4, to delete “, 4 of whom shall be lay members”. —Mick Wallace. 49. In page 15, line 15, to delete “7 members of the Commission” and substitute “9 members of the Commission”. —An tAire Dlí agus Cirt agus Comhionannais.

9 50. In page 15, line 15, to delete “7 members of the Commission” and substitute “8 members of the Commission”. —Clare Daly. 51. In page 15, lines 15 to 17, to delete all words from and including “, the” in line 15 down to and including “determines” in line 17. —Mick Wallace. 52. In page 15, lines 23 to 25, to delete all words from and including “, the majority” in line 23 down to and including “determines” in line 25. —Mick Wallace. 53. In page 15, line 32, to delete “section 10(1)(a), (b), (c) or (d)” and substitute “any of paragraphs (a) to (g)* of section 10(1)”. —An tAire Dlí agus Cirt agus Comhionannais. [*These are the correct references if amendments 10 and 12 are accepted.] 54. In page 15, lines 34 and 35, to delete “Chief Justice, President of the Court of Appeal or President of the High Court” and substitute “Chief Justice or the President of another court referred to in this Part”. —An tAire Dlí agus Cirt agus Comhionannais. 55. In page 16, between lines 7 and 8, to insert the following: “(5) Where the person referred to in subsection (1) who ceases to hold judicial office is the President of the Circuit Court, the most senior ordinary judge of the Circuit Court shall be a member of the Commission until the successor to that President is appointed. (6) Where the person referred to in subsection (1) who ceases to hold judicial office is the President of the District Court, the most senior judge of the District Court shall be a member of the Commission until the successor to that President is appointed.”. —An tAire Dlí agus Cirt agus Comhionannais. 56. In page 16, to delete lines 8 to 20. —An tAire Dlí agus Cirt agus Comhionannais. 57. In page 16, line 22, to delete “paragraph (e), (f), (g) or (h)” and substitute “paragraph (g), (h), (i), (j) or (k)*”. —An tAire Dlí agus Cirt agus Comhionannais. [*These are the correct references if amendments 10, 12 and 14 are accepted.] 58. In page 16, line 22, to delete “paragraph” to substitute “paragraph (d),”. —Clare Daly. 59. In page 16, between lines 32 and 33, to insert the following: “(3) Where the chairperson of the Commission dies, resigns, is removed from office or

10 otherwise ceases to hold office, the members of the Commission, following the appointment of a lay person under subsection (2) to fill the casual vacancy so occasioned, shall elect a new chairperson from the Commission’s membership by way of a simple majority vote.”. —Clare Daly. 60. In page 16, line 34, to delete “paragraph (e), (f), (g) or (h)” and substitute “paragraph (g), (h), (i), (j) or (k)*”. —An tAire Dlí agus Cirt agus Comhionannais. [*These are the correct references if amendments 10, 12 and 14 are accepted.] 61. In page 17, between lines 3 and 4, to insert the following: “(e) being a member nominated by the Irish Human Rights and Equality Commission, ceases to be a member of the Irish Human Rights and Equality Commission,”. —An tAire Dlí agus Cirt agus Comhionannais. 62. In page 17, line 11, to delete “paragraph (e), (f), (g) or (h)” and substitute “paragraph (g), (h), (i), (j) or (k)*”. —An tAire Dlí agus Cirt agus Comhionannais. [*These are the correct references if amendments 10, 12 and 14 are accepted.] 63. In page 17, line 11, to delete “paragraph (e), (f), (g) or (h)” and substitute “paragraph (f), (g), (h), (i), (j) or (k)*”. —Jim O'Callaghan. [*These are references to the paragraphs proposed to be inserted by amendment 6.] 64. In page 17, lines 15 and 16, to delete “paragraph (e), (f), (g) or (h)” and substitute “paragraph (g), (h), (i), (j) or (k)*”. —An tAire Dlí agus Cirt agus Comhionannais. [*These are the correct references if amendments 10, 12 and 14 are accepted.] 65. In page 19, between lines 34 and 35, to insert the following:

“Advances to Commission 23. (1) The Minister shall from time to time advance to the Commission out of moneys provided by the Oireachtas such amount or amounts as the Minister may, with the consent of the Minister for Public Expenditure and Reform, determine for the purposes of expenditure by the Commission in the performance of its functions. (2) This section is in addition to any other provision made by this Act with regard to the provision of funding for a particular purpose.”. —An tAire Dlí agus Cirt agus Comhionannais.

11 66. In page 20, line 34, to delete “a relevant committee,”. —An tAire Dlí agus Cirt agus Comhionannais. 67. In page 21, line 6, to delete “person;” and substitute “person.”. —An tAire Dlí agus Cirt agus Comhionannais. 68. In page 21, to delete line 7. —An tAire Dlí agus Cirt agus Comhionannais. 69. In page 21, line 10, to delete “a relevant committee,”. —An tAire Dlí agus Cirt agus Comhionannais. 70. In page 21, to delete lines 25 to 28. —An tAire Dlí agus Cirt agus Comhionannais. 71. In page 21, line 31, after “and” where it firstly occurs to insert “its”. —An tAire Dlí agus Cirt agus Comhionannais. 72. In page 21, line 32, to delete “of each relevant committee”. —An tAire Dlí agus Cirt agus Comhionannais. 73. In page 23, to delete line 37, and in page 24, to delete lines 1 to 11 and substitute the following: “(3) Subsection (1) shall only apply to a legal academic who has qualified as a barrister or solicitor and subsequent subsections of this section, in so far as they relate to a person who is referred to in them as a ‘head of a faculty’ or ‘head of another faculty’, shall not be construed as enabling such a person to be the subject of such an appointment unless the person has qualified as a barrister or solicitor.”. —Donnchadh Ó Laoghaire, Gerry Adams, John Brady, Pat Buckley, Seán Crowe, David Cullinane, Pearse Doherty, Dessie Ellis, Martin J. Ferris, Kathleen Funchion, Martin Kenny, Mary Lou McDonald, Denise Mitchell, Imelda Munster, Jonathan O'Brien, Eoin Ó Broin, Caoimhghín Ó Caoláin, Louise O'Reilly, Aengus Ó Snodaigh, Maurice Quinlivan, Brian Stanley, Peadar Tóibín. 74. In page 25, line 30, to delete “committee” and substitute “Commission”. —An tAire Dlí agus Cirt agus Comhionannais. 75. In page 27, between lines 11 and 12, to insert the following:

“Extent of application of Chapters 1 and 2 36. Nothing in this Chapter or Chapter 2 shall be construed as being applicable to a judicial office to which section 42 applies.”. —An tAire Dlí agus Cirt agus Comhionannais, Clare Daly.

12 76. In page 27, line 14, to delete “publicly”. —An tAire Dlí agus Cirt agus Comhionannais, Clare Daly. 77. In page 28, line 17, to delete “ranked in the order of the relevant committee’s preference” and substitute “ranked in the order of the Commission’s preference”. —An tAire Dlí agus Cirt agus Comhionannais, Clare Daly. 78. In page 28, between lines 17 and 18, to insert the following: “(3) Nothing in subsection (2) shall be construed as limiting the advice the Government may give to the President with respect to the appointment by the President, under Article 35 of the Constitution, of a person to be a judge.”. —An tAire Dlí agus Cirt agus Comhionannais. 79. In page 28, line 25, to delete “relevant committee has received from the Commission” and substitute “Commission has received”. —An tAire Dlí agus Cirt agus Comhionannais. 80. In page 28, line 29, to delete “relevant committee” and substitute “Commission”. —An tAire Dlí agus Cirt agus Comhionannais. 81. In page 28, line 31, after “number” where it secondly occurs to insert the following: “ranked in the order of the Commission’s preference (and that expression of preference shall not make any distinction between the several vacancies concerned)”. —An tAire Dlí agus Cirt agus Comhionannais. 82. In page 28, line 31, after “number” where it secondly occurs to insert “, ranked in the order of the Commission’s preference”. —Clare Daly. 83. In page 28, between lines 33 and 34, to insert the following: “(4) Nothing in subsection (2) shall be construed as limiting the advice the Government may give to the President with respect to the appointment by the President, under Article 35 of the Constitution, of a person to be a judge.”. —An tAire Dlí agus Cirt agus Comhionannais. 84. In page 29, to delete lines 10 to 19 and substitute the following: “(3) In any case to which subsection (1) applies, the Commission shall cause its recommendation to the Minister to be accompanied by a statement of the name of each eligible person (other than a person the subject of its recommendation) who had made a relevant application. (4) Subsection (5) applies where the Commission determines that it cannot, in accordance with this Act, recommend to the Minister the name of any person for the purposes of section 38 or 39 (and the case is other than one in which there were no relevant applications whatsoever by eligible persons).

13 (5) Where this subsection applies, the Commission, on making the determination referred to in subsection (4), shall inform the Minister of it and shall furnish to the Minister a statement of the name of every eligible person who had made a relevant application.”. —An tAire Dlí agus Cirt agus Comhionannais. 85. In page 29, to delete lines 20 to 23 and substitute the following:

“Particulars to be provided by Commission 41. (1) The Commission shall, in respect of each person whose name it has recommended to the Minister under section 38 or 39, provide to the Minister— (a) particulars of the person’s education, professional qualifications, experience and character, and (b) where applicable, the records and results of any interview or test held or conducted by the Commission in respect of the person. (2) Where section 40(5) applies, the Commission shall cause the statement referred to in that provision to be accompanied by a statement, in respect of each person named in it, of each of the particulars referred to in subsection (1)(a) and each of the records and results (if any) referred to in subsection (1)(b).”. —An tAire Dlí agus Cirt agus Comhionannais. 86. In page 29, line 22, to delete “section 38 or 39” and substitute “section 38, 39 or 40(3)”. —Clare Daly. 87. In page 29, to delete lines 26 to 40, and in page 30, to delete lines 1 to 42 and substitute the following:

“Appointment as Chief Justice, President of the Court of Appeal, and President of the High Court 42. (1) Where— (a) the judicial office of Chief Justice, President of the Court of Appeal or President of the High Court stands vacant, or (b) the Minister reasonably apprehends that any of those offices will stand vacant, the Minister shall request the Commission to seek expressions of interest on the part of eligible persons who wish to be considered for appointment to such office and to forward the names of all eligible persons expressing such interest to the Minister, together with particulars relating to the education, professional qualifications, experience and character of those persons. (2) On subsection (1) being complied with, the Minister shall convene a meeting of the following persons— (a) the Chief Justice or, in the case specified in subsection (4), the person specified by that subsection to be the relevant person for the purposes of this paragraph,

14 (b) the chairperson, and (c) subject to subsection (10), the Attorney General, and those persons, so convened, shall be known as the Senior Judicial Appointments Advisory Committee (in this section referred to as the “Advisory Committee”) who shall consider the suitability of all of those persons whose names have been forwarded by the Commission under subsection (1) and, subject to subsection (5), shall recommend, from among those persons, to the Government the names of 3 persons, ranked in the order of the Advisory Committee’s preference, for appointment to the judicial office referred to in subsection (1). (3) Nothing in subsection (2) shall be construed as limiting the advice the Government may give to the President with respect to the appointment by the President, under Article 35 of the Constitution, of a person to the judicial office concerned. (4) Where the vacancy concerned (whether an actual or apprehended vacancy) is that of the judicial office of Chief Justice, the relevant person for the purposes of subsection (2)(a) is— (a) subject to paragraph (b), the President of the Court of Appeal, or (b) if the President of the Court of Appeal has expressed, in relation to the foregoing judicial office, the interest referred to in subsection (1), the next most senior judge available, that is to say whoever of the judges specified in paragraphs (c) to (k) of section 9 (substituted by section 28 of the Court of Appeal Act 2014) of the Courts of Justice Act 1924 ranks first in precedence (after the President of the Court of Appeal) in accordance with that section 9 and who is available to serve on the Advisory Committee (excepting for this purpose any such judge who, in relation to the foregoing judicial office, has expressed the interest referred to in subsection (1)). (5) If the Advisory Committee, having considered the suitability of all of those persons whose names have been forwarded by the Commission under subsection (1)— (a) decide that they cannot recommend to the Government the names of 3 persons for appointment to the judicial office referred to in subsection (1) but can recommend the names of a lesser number of persons for that purpose, then they shall recommend, under subsection (2), to the Government the names of that lesser number of persons for appointment to the judicial office so referred to, or (b) decide that they cannot recommend to the Government the names of any persons for appointment to the judicial office referred to in subsection (1), then they shall inform the Government of that fact. (6) The cases to which subsection (5) applies include a case in which the number of eligible persons who, in relation to the judicial office concerned, have expressed the interest referred to in subsection (1) is less than 3. (7) In a case to which subsection (5)(a) applies, the Advisory Committee shall ensure its recommendation is accompanied by a statement of the name of each eligible person (other than a person the subject of their recommendation) who expressed, in relation

15 to the judicial office concerned, the interest referred to in subsection (1). (8) On informing the Government, in a case to which subsection (5)(b) applies, of the matter referred to in that provision, the Advisory Committee shall furnish to the Government a statement of the name of every eligible person who expressed, in relation to the judicial office concerned, the interest referred to in subsection (1). (9) Any decision of the Advisory Committee made under subsection (2) or (5) shall be a unanimous one. (10) Where the Attorney General expresses, in relation to the judicial office concerned, the interest referred to in subsection (1), then subsection (2), and the other provisions of this section, shall apply and have effect as if paragraph (c) of subsection (2) were omitted. (11) In this section “eligible person” means a person who the Commission is satisfied is qualified for appointment to the judicial office concerned by virtue of section 5 or 45A of the Act of 1961.”. —An tAire Dlí agus Cirt agus Comhionannais. 88. In page 29, to delete lines 28 to 40 and substitute the following: “42. (1) Where— (a) the judicial office of Chief Justice, President of the Court of Appeal or President of the High Court stands vacant, or (b) the Minister reasonably apprehends that any of those offices will stand vacant, the Minister shall request the Commission to seek applications on the part of eligible persons who wish to be considered for appointment to such office. (2) Upon receiving the applications referred to in subsection (1) the Commission shall consider the suitability of all eligible candidates and recommend, based on merit, to the Government ranked in the order of the Commission’s preference, the 2 most suitable candidates for appointment to the judicial office referred to in subsection (1). (3) The Commission may accept applications from eligible members of the Commission.”. —Mick Wallace. 89. In page 30, to delete lines 1 to 3 and substitute the following: “(4) In deliberating or making a recommendation to the Government pursuant to this section, the eligible members of the Commission who have made an application referred to in subsection (1) shall not sit as members of the Commission.”. —Mick Wallace. 90. In page 30, between lines 3 and 4, to insert the following: “(5) In deliberating or making a recommendation to the Government pursuant to this section, the Commission shall have regard, in addition to the principles in section 7, to the objective criteria in the published statement in relation to this section.”.

16 —Mick Wallace. 91. In page 31, between lines 2 and 3, to insert the following:

“Statement of recommendation 43. The Commission shall, in respect of each person whose name it recommends to the Minister, provide to the Minister a statement setting out the reasons the Commission is of opinion that the person is suitable for appointment to the judicial office concerned.”. —An tAire Dlí agus Cirt agus Comhionannais. 92. In page 31, line 5, to delete “firstly” and substitute “only”. —Clare Daly, Mick Wallace. 93. In page 31, line 12, to delete “Subsection (3) has” and substitute “Subsections (3) and (4)* have”. —An tAire Dlí agus Cirt agus Comhionannais. [*This is a reference to the subsection proposed to be inserted by amendment 95.] 94. In page 31, line 13, after “office” to insert the following: “and a reference, in either subsection, to the particular function is a reference to the function of the Commission of selecting and recommending persons in relation to that judicial office”. —An tAire Dlí agus Cirt agus Comhionannais. 95. In page 31, between lines 17 and 18, to insert the following: “(4) In a case to which subsection (3) applies and the person to whom that subsection applies is— (a) a person referred to in section 10(1)(d), (e), (h) or (i)*, or (b) a person who is a member of the Commission by virtue of section 17(5)** or (6)**, whoever of the following is appropriate shall, notwithstanding anything in section 10(1) or 17(5)** or (6)**, be a member of the Commission for the purpose, and the purpose only, of the performance by it of the particular function, namely— (i) where the person to whom subsection (3) applies is the President of the Circuit Court or the person who is a member of the Commission by virtue of section 17(5)** - the most senior ordinary judge of the Circuit Court available (excepting for this purpose any such judge who, as respects the particular judicial office, has made an application under section 37), (ii) where the person to whom subsection (3) applies is the President of the District Court or the person who is a member of the Commission by virtue of section 17(6)** - the most senior judge of the District Court available (excepting for this purpose any such judge who, as respects the particular judicial office, has made an application under section 37),

17 (iii) where the person to whom subsection (3) applies is the person who had been nominated to be a member of the Commission in accordance with section 13(1) - another practising barrister nominated by the chairperson of the General Council of the Bar of Ireland, (iv) where the person to whom subsection (3) applies is the person who had been nominated to be a member of the Commission in accordance with section 13(2) - another practising solicitor nominated by the President of the Law Society.”. —An tAire Dlí agus Cirt agus Comhionannais. [*These are the correct references if amendments 10, 12 and 14 are accepted.] [**This is a reference to the subsection proposed to be inserted by amendment 55.] 96. In page 31, line 21, to delete “relevant committee” and substitute “Commission”. —An tAire Dlí agus Cirt agus Comhionannais. 97. In page 31, to delete lines 25 to 30. —An tAire Dlí agus Cirt agus Comhionannais. 98. In page 32, line 5, to delete “relevant committee” and substitute “Commission”. —An tAire Dlí agus Cirt agus Comhionannais. 99. In page 32, to delete lines 9 to 15. —An tAire Dlí agus Cirt agus Comhionannais. 100.In page 34, to delete lines 22 and 23 and substitute the following: “(f) the objective that, consistent with the written statement most recently provided under section 50(7)* to the Procedures Committee concerning the needs of the users of the courts in that regard, the membership of the judiciary should include persons with a proficiency in the Irish language,”. —An tAire Dlí agus Cirt agus Comhionannais. [*This is a reference to the subsection proposed to be inserted by amendment 102.] 101.In page 34, line 26, to delete “or a relevant committee”. —An tAire Dlí agus Cirt agus Comhionannais. 102.In page 35, between lines 15 and 16, to insert the following: “(7) The Commission shall consult with the Courts Service for the purpose of keeping under review the needs of the users of the courts with respect to proceedings being conducted in the Irish language and shall, from time to time, provide a written statement to the Procedures Committee of matters that the Commission considers to be relevant to such needs of those users arising out of any such review and consultation.”. —An tAire Dlí agus Cirt agus Comhionannais.

18 103.In page 38, lines 11 and 12, to delete “a relevant committee of the Judicial Appointments Commission or”. —An tAire Dlí agus Cirt agus Comhionannais. 104.In page 39, line 19, to delete “relevant committee” and substitute “Commission”. —An tAire Dlí agus Cirt agus Comhionannais. 105.In page 40, between lines 4 and 5, to insert the following: “(4) In the performance of its functions under this Act, a relevant Committee shall be prohibited from any consideration of an applicant’s political affiliation. (5) In the performance of its functions under this Act, the Government shall be prohibited from any consideration of an applicant's political affiliation. (6) An applicant for judicial office shall not have been a member of, or a representative of, or a donor to any political party in the State in the three years immediately preceding the date of application for judicial office.”. —Mick Wallace.

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