39. (1) A decision by the Commission to recommend a person for appointment or for nomination for appointment or election to judicial office shall be based on merit.

(2) Subject to subsection (1), where the function of selection and recommendation of persons for appointment to judicial office in the State falls to be performed, account shall be taken, to the extent feasible and practicable, of the objectives that the membership of the judiciary in each court should—

(a) comprise equal numbers of male and female members,

(b) reflect the diversity of the population of the State as a whole, and

(c) include a sufficient number of judges with a proficiency in the Irish language to meet the needs, identified by the Commission following consultations under section 56(4), of users of each court with respect to proceedings being conducted in the Irish language.