(LRC Revised)

Number 33 of 2023

JUDICIAL APPOINTMENTS COMMISSION ACT 2023

REVISED

Updated to 1 January 2025

Changes to legislation

as of 10 July 2026, this Act is up to date with all changes known to be in force.

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

Family Courts Act 2024

(48/2024), enacted 13 November 2024, and all statutory instruments up to and including

the

Health (Provision of Information for Health Examination and Treatment Service) Regulations

2024

(S.I. No. 750 of 2024), made 17 December 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 1 January 2025

CONTENTS

PART 1

Preliminary and General

Section

1. Short title, collective citation and commencement

2. Interpretation

3. References to recommendation for appointment and recommendation for nomination

for appointment or election

4. Expenses

5. Service of documents

6. Repeals

PART 2

Judicial Appointments Commission

7. Establishment day

8. Establishment of Judicial Appointments Commission

9. Membership of Commission

10. Functions of 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

15. Procedures of Commission

16. Committees 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

24. Advances to Commission

25. Accounts

26. Annual report

27. Request from Minister to Commission for report

28. Publication of diversity statement by Commission

29. Confidential information

30. Confidentiality of certain proceedings, communications and matters

31. Records of Commission

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

PART 3

Judicial Appointments Commission Office

35. Judicial Appointments Commission Office

36. Director of Judicial Appointments Commission Office

37. Functions of Director

38. Delegation of functions of Director

PART 4

Recommendations for Appointment and for Nomination for Appointment or Election to

Judicial Office

Chapter 1

Preliminary and General

39. Recommendations to be based on merit

40. Eligible person: qualification for appointment and for nomination for appointment

or election to judicial office

41. Prohibition on canvassing

Chapter 2

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

48. Recommendation of persons to Minister or to Minister for Foreign Affairs for nomination

for appointment or election to judicial office outside 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

52. Nominations for appointment or election to judicial office outside 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

PART 5

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

PART 6

Amendment of Act of 1961 and Other Enactments

62. Amendment of Courts of Justice Act 1936

63. Amendment of Act of 1961

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

PART 7

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

SCHEDULE

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 1 January 2025

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.

[8

th December

, 2023]

Be it enacted by the Oireachtas as follows

CONTENTS

PART 1

Preliminary and General

Section

1. Short title, collective citation and commencement

2. Interpretation

3. References to recommendation for appointment and recommendation for nomination

for appointment or election

4. Expenses

5. Service of documents

6. Repeals

PART 2

Judicial Appointments Commission

7. Establishment day

8. Establishment of Judicial Appointments Commission

9. Membership of Commission

10. Functions of 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

15. Procedures of Commission

16. Committees 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

24. Advances to Commission

25. Accounts

26. Annual report

27. Request from Minister to Commission for report

28. Publication of diversity statement by Commission

29. Confidential information

30. Confidentiality of certain proceedings, communications and matters

31. Records of Commission

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

PART 3

Judicial Appointments Commission Office

35. Judicial Appointments Commission Office

36. Director of Judicial Appointments Commission Office

37. Functions of Director

38. Delegation of functions of Director

PART 4

Recommendations for Appointment and for Nomination for Appointment or Election to

Judicial Office

Chapter 1

Preliminary and General

39. Recommendations to be based on merit

40. Eligible person: qualification for appointment and for nomination for appointment

or election to judicial office

41. Prohibition on canvassing

Chapter 2

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

48. Recommendation of persons to Minister or to Minister for Foreign Affairs for nomination

for appointment or election to judicial office outside 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

52. Nominations for appointment or election to judicial office outside 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

PART 5

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

PART 6

Amendment of Act of 1961 and Other Enactments

62. Amendment of Courts of Justice Act 1936

63. Amendment of Act of 1961

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

PART 7

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

SCHEDULE

The Commission

Number

33

of

2023