Judicial Appointments Commission Act 2023
Number 33 of 2023
JUDICIAL APPOINTMENTS COMMISSION ACT 2023
REVISED
Updated to 17 October 2024
This Revised Act is an administrative consolidation of the Judicial Appointments Commission Act 2023. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.
All Acts up to and including the Planning and Development Act 2024 (34/2024), enacted 17 October 2024, and all statutory instruments up to and including the Judicial Appointments Commission Act 2023 (Establishment Day) Order 2024 (S.I. No. 554 of 2024), made 17 October 2024, were considered in the preparation of this Revised Act.
Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to
revisedacts@lawreform.ie.
Number 33 of 2023
JUDICIAL APPOINTMENTS COMMISSION ACT 2023
REVISED
Updated to 17 October 2024
CONTENTS
Preliminary and General
Section
1. Short title, collective citation and commencement
Judicial Appointments Commission
8. Establishment of Judicial Appointments Commission
11. Power to appoint consultants and advisers and enter into contracts
12. Nomination of members of Judicial Council and appointment as members of Commission
13. Recommendation for appointment and appointment of lay members
14. Terms and conditions of membership of Commission
17. Remote meetings of Commission and committees
18. Member of Commission ceasing to hold judicial office or resigning as member of Commission
19. Lay member ceasing to be member of Commission
20. Ineligibility to become lay member and disqualification to act as lay member
21. Removal of lay member of Commission
22. Accountability of Director to Public Accounts Committee
23. Accountability of Director to other Oireachtas Committees
27. Request from Minister to Commission for report
28. Publication of diversity statement by Commission
30. Confidentiality of certain proceedings, communications and matters
32. Restriction of rights and obligations under Data Protection Regulation
33. Regulations for purposes of data protection
34. Restriction of Freedom of Information Act 2014
Judicial Appointments Commission Office
35. Judicial Appointments Commission Office
36. Director of Judicial Appointments Commission Office
38. Delegation of functions of Director
Recommendations for Appointment and for Nomination for Appointment or Election to Judicial Office
Preliminary and General
39. Recommendations to be based on merit
Applications for recommendation for appointment and for nomination for appointment or election to judicial office and making of recommendations
42. Invitation to apply for vacancy in judicial office
43. Applications for appointment or for nomination for appointment or election to judicial office
44. Information to accompany application under section 43
45. Application under section 43 by member of Commission
46. Consideration of applications and conditions for making of recommendation
47. Recommendation of persons to Minister for appointment to judicial office in the State
49. Notification to applicants of outcome of application
50. Statement and information to accompany recommendation under section 47 or 48
51. Appointments to judicial office in the State: recommended persons only to be considered
53. Vacation of certain judicial offices before appointment to judicial office in the State
54. Publication of notice of appointment to judicial office
55. Statement to Houses of the Oireachtas
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
57. Judicial selection statement
58. Statement of requisite knowledge, skills and attributes
59. Statement of selection procedures
60. Transitional arrangement: no judicial selection statement
61. Review by Commission and recommendations
Amendment of Act of 1961 and Other Enactments
62. Amendment of Courts of Justice Act 1936
64. Amendment of Courts Act 1973
65. Amendment of Courts Act 1977
66. Amendment of section 22 of Act of 2001
67. Amendment of section 36 of Judicial Council Act 2019
Dissolution of Judicial Appointments Advisory Board and Related Provision
68. Dissolution of Judicial Appointments Advisory Board
69. Status of certain recommendations made by Judicial Appointments Advisory Board
The Commission
Acts Referred to
Companies Act 2014 (No. 38)
Comptroller and Auditor General (Amendment) Act 1993 (No. 8)
Courts (Supplemental Provisions) Act 1961 (No. 39)
Courts (Supplemental Provisions) Acts 1961 to 2021
Courts Act 1973 (No. 26)
Courts Act 1977 (No. 11)
Courts and Court Officers Act 1995 (No. 31)
Courts of Justice Act 1924 (No. 10)
Courts of Justice Act 1936 (No. 48)
Courts of Justice Acts 1924 to 2019
Data Protection Act 2018 (No. 7)
European Parliament Elections Act 1997 (No. 2)
Freedom of Information Act 2014 (No. 30)
International War Crimes Tribunals Act 1998 (No. 40)
Judicial Council Act 2019 (No. 33)
Legal Services Regulation Act 2015 (No. 65)
Local Government Act 2001 (No. 37)
Local Government Reform Act 2014 (No. 1)
National Vetting Bureau (Children and Vulnerable Persons) Act 2012 (No. 47)
Standards in Public Office Act 2001 (No. 31)
Technological Universities Act 2018 (No. 3)
Universities Act 1997 (No. 24)
Number 33 of 2023
JUDICIAL APPOINTMENTS COMMISSION ACT 2023
REVISED
Updated to 17 October 2024
An Act to establish a body to be known as An Coimisiún um Cheapacháin Bhreithiúnacha or, in the English language, the Judicial Appointments Commission; to provide for the making of applications to that Commission for recommendation for appointment, or nomination for appointment or election, to judicial office in the State or outside the State; to amend and extend the qualification and eligibility requirements for appointment to judicial office; to provide for the publication, by the Commission, of a statement of selection procedures to be applied in considering applications and a statement of requisite knowledge, skills and attributes required by applicants seeking such recommendation; to provide for the making, by the Commission, of recommendations for such appointment or nomination to be based on merit; to provide for the aforementioned matters having regard to the recommendation of the Council of Europe’s Group of States against Corruption (GRECO) that the system of selection, recommendation and promotion of judges target the appointments to the most qualified and suitable candidates in a transparent way, and having regard to Recommendation CM/Rec(2010)12 of the Committee of Ministers to Member States on judges: independence, efficiency and responsibilities adopted by the Committee of Ministers on 17 November 2010, under the terms of Article 15.b of the Statute of the Council of Europe; to provide for the establishment of a Judicial Appointments Commission Office; to dissolve the Judicial Appointments Advisory Board; to provide for expressions of interest in assignment to a particular district court district or circuit to be made by eligible judges to the President of the court concerned; to provide for the funding of the Commission and the Judicial Council by the Courts Service; and for those and other purposes to amend or repeal certain provisions of the Courts of Justice Act 1936, the Courts (Supplemental Provisions) Act 1961, the Courts Act 1973, the Courts Act 1977, the Courts and Court Officers Act 1995, the Standards in Public Office Act 2001 and the Judicial Council Act 2019; and to provide for related matters.
[8th December, 2023]
Be it enacted by the Oireachtas as follows: