Mr Justice Clarke

The new Judicial Appointments Commission Bill differs from the bill proposed in 2017 in that it proposes a smaller commission helmed by the Chief Justice – currently Mr Justice Frank Clarke – rather than a lay chairperson.

The new nine-member commission will have an equal number of lay persons and judges, with the Attorney General serving as an ex-officio, non-voting member.

Earlier proposals for a lay majority and chair had divided the legal profession. Although the Law Society of Ireland welcomed proposals for a lay majority and chair, both were fiercely opposed by The Bar of Ireland and the Association of Judges of Ireland (AJI).

Justice Minister Helen McEntee said retaining the Chief Justice as chair “ensures that the selection process is absolutely rigorous and meets the need to have a strong and independent judiciary”.

The balance of lay persons and judges “has been settled on with reference to international standards and best practice models in other common law jurisdictions”, she added.

Serving judges will also have to apply for appointment to judicial office through the new commission, appearing to address concerns raised earlier this year around the appointment of Mr Justice Séamus Woulfe.

Announcing the legislation this afternoon, Ms McEntee said: “This bill, when enacted, will lead to the biggest reform in the way judges are chosen for appointment in a quarter of a century.

“We have had a strong, independent judiciary since the foundation of the State 100 years ago. This reform bill will ensure we continue to have a strong, independent judiciary into the future. It builds on previous reforms, including a new Judicial Council.

“I have been clear that the process of judicial appointments needs to be reformed and this bill will lead to a substantially more streamlined and transparent process whilst also ensuring that Ireland follows best practice from across Europe.”