Shane Ross speaks to Legally Fond about his proposed reform to judicial appointments. He also gives his thoughts on the position of Seamus Wolfe - the former Attorney General and now Supreme Court judge - in light of his attendance at the Oireachtas Golf Society dinner.
Art 35.1 of the Constitution stares that judges are appointed by the President. However, the President only acts “on the advice of the Government” (Art 13.9). The Government is therefore the de facto picker of judges.
In 1995, one judicial appointment brought down a government, such is the politics involved in deciding who becomes a judge.
Since then, the Judicial Appointments Advisory Board (JAAB) advises the government on suitable candidates for appointment to the bench. JAAB comprises the Presidents of every Irish court, a solicitor, a barrister and two people appointed by the Minister for Justice. Remarkably, JAAB has never interviewed any candidates.
Shane Ross wanted to reform JAAB, giving more weight to the voices of ordinary people. His vision was for a Commission with a majority of lay people (non-lawyers) and a lay chairperson. Ross believed that this would reduce political bias in judicial appointments and give opportunities to candidates who were not allied to the political party then in government. Amid fierce opposition, this Bill lapsed when the Dáil & Seanad were dissolved in January.
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