Revised Acts
This Act
Download PDFs
On the eISB
Courts (Supplemental Provisions) Act 1961
Qualifications of judges of Supreme Court and High Court.
5.—(1) (a) The existing Chief Justice shall be qualified for appointment as Chief Justice and, if he is willing to accept office, no other person shall be qualified for appointment as Chief Justice.
(b) The existing President of the High Court shall be qualified for appointment as President of the High Court and, if he is willing to accept office, no other person shall be qualified for appointment as President of the High Court.
(c) Each of the persons who are ordinary judges of the existing Supreme Court immediately before the operative date shall be qualified for appointment as an ordinary judge of the Supreme Court and, if and so long as there is one or more than one of those persons who is willing to accept office and has not been appointed, no other person shall be qualified for appointment as an ordinary judge of the Supreme Court.
(d) Each of the persons who are ordinary judges of the existing High Court immediately before the operative date shall be qualified for appointment as an ordinary judge of the High Court and, if and so long as there is one or more than one of those persons who is willing to accept office and has not been appointed, no other person shall be qualified for appointment as an ordinary judge of the High Court.
(e) Paragraphs (a), (b), (c) and (d) of this subsection apply only in relation to the qualification for appointment of the first judges of the Supreme Court and High Court.
(f) Subsections (2), (3), (4) and (5) of this section shall have effect subject to the preceding paragraphs of this subsection.
F7[(2) (a) Subject to paragraphs (b) and (c) of this subsection, a person shall be qualified for appointment as a judge of the F8[Supreme Court, the Court of Appeal] 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 F8[judge of the Supreme Court, the Court of Appeal] 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 F8[judge of the Supreme Court, the Court of Appeal] or the High Court.]
F9[(d) A judge of the District 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 High Court.]
F10[(3) An ordinary judge of the Supreme Court shall be qualified for appointment as President of the High Court, President of the Court of Appeal or as Chief Justice.]
F10[(4) The President of the Court of Appeal shall be qualified for appointment as an ordinary judge of the Supreme Court or as Chief Justice.]
F10[(5) An ordinary judge of the Court of Appeal shall be qualified for appointment as an ordinary judge of the Supreme Court or as President of the High Court, President of the Court of Appeal or as Chief Justice.]
F11[(6) The President of the High Court shall be qualified for appointment as an ordinary judge of the Court of Appeal or of the Supreme Court or as President of the Court of Appeal or Chief Justice.
(7) An ordinary judge of the High Court shall be qualified for appointment as an ordinary judge of the Court of Appeal or of the Supreme Court or as President of the High Court, President of the Court of Appeal or Chief Justice.]
F9[(8) Section 45A provides an additional basis for qualification for appointment as a judge of the Supreme Court, the Court of Appeal or the High Court.
(9) In this section, "practising barrister" has the same meaning as it has in the Act of 2015.]
Annotations
Amendments:
F7
Substituted (10.04.2002) by Courts and Court Officers Act 2002 (15/2002), s. 4, commenced on enactment.
F8
Substituted (5.09.2014) by Court of Appeal Act 2014 (18/2014), s. 11(a)-(c), S.I. No. 393 of 2014, art. 2(d).
F9
Inserted (1.01.2025) by Judicial Appointments Commission Act 2023 (33/2023), s. 63(b)(i), (ii), S.I. No. 553 of 2024.
F10
Substituted (28.10.2014) by Court of Appeal Act 2014 (18/2014), s. 11(d)-(f), S.I. No. 479 of 2014, in operation as per art. 2(b).
F11
Inserted (28.10.2014) by Court of Appeal Act 2014 (18/2014), s. 11(g), S.I. No. 479 of 2014, art. 2(b).
F12
Substituted by Family Courts Act 2024 (48/2024), s. 14, not commenced as of date of revision.
Modifications (not altering text):
C7
Prospective affecting provision: subs. (7) substituted by Family Courts Act 2024 (48/2024), s. 14, not commenced as of date of revision.
5.— ...
F12[(7) An ordinary judge of the High Court shall be qualified for—
(a) appointment as an ordinary judge of the Court of Appeal or of the Supreme Court or as President of the High Court, President of the Court of Appeal or Chief Justice, or
(b) assignment as Principal Judge of the Family High Court.]
C8
Application of section extended (16.04.1975) by Law Reform Commission Act 1975 (3/1975), s. 14(2)(c), commenced on enactment, as amended.
Consequential
14. ...
(2) [Subject to subsection (2A) of this section, when a person who is a barrister or a solicitor is appointed] to be either—
(a) a Commissioner in a whole-time capacity, or
(b) a whole-time officer of the Commission,
then, for the purpose of qualification for appointment—
(c) under section 5 (2) (a) of the Act of 1961, as a judge of the Supreme Court [, the Court of Appeal] or the High Court,
[(d) under subsection (2) or (2B) of section 17 of the Courts (Supplemental Provisions) Act 1961, as a judge of the Circuit Court, ]
...
service by him as such a Commissioner or as such an officer of the Commission, as may be appropriate, [shall be deemed to be practice as a barrister or a solicitor, as may be appropriate].
...
Editorial Notes:
E4
Previous affecting provision: subss. (c)-(e) inserted (15.12.1995) by Courts and Court Officers Act 1995 (31/1995), s. 28, commenced on enactment; subsection substituted (10.04.2002) as per F-note above.