In the biggest shake-up to the judicial appointments process in almost 30 years, only candidates recommended by the new Commission will be nominated by the government for appointment by the president.

Chief Justice Donal O’Donnell will chair the Commission, joined by Court of Appeal president Ms Justice Caroline Costello, Attorney General Rossa Fanning SC, High Court judge Ms Justice Mary Rose Gearty and Judge Alan Mitchell of the District Court.

The Commission will also include HR and governance expert Bernie Gray; Dr Eleanor O’Higgins, adjunct associate professor in UCD College of Business and associate at LSE; Dr Rónán Kennedy, associate professor in University of Galway School of Law; and Dr Terrence McWade, former CEO of the Royal College of Physicians of Ireland.

Justice minister Helen McEntee said: “The system for judicial appointment in Ireland is a crucial mechanism to uphold the independence of the judiciary, which is a central element of Ireland’s constitutional framework.

“The signing of today’s commencement order brings forward a modern framework around the system by which judges are appointed.

“The new Act, and the work of the Judicial Appointments Commission will ensure a rigorous, transparent, and merit-based application process for appointment as a judge.

“I am particularly pleased that the Act safeguards appointments based on merit, makes provision for proficiency in the Irish language and commits the Commission to seek to reflect the diversity of the population of the State.”

The Commission will recommend three candidates for a vacancy and an additional two recommendations for a second and additional vacancies. For example, this would mean seven recommendations for three vacancies.

All judicial posts, whether a first appointment or a promotion from another court, will be governed by the new process. For the first time, all nominees will be interviewed.

The Commission will have the objective that membership of the judiciary should reflect the diversity of the population as a whole.

Candidates will be required to show they have undertaken judicial training or continuous professional development.

The Commission will set out best practice selection procedures including interviews and the knowledge, skills and attributes required of judges.

Chief Justice O’Donnell said: “The establishment of the Judicial Appointments Commission is an important development in the history of the Irish judiciary and introduces significant changes to the judicial appointments system in Ireland. 

“The new Commission will deliver on a programme of selection for judicial vacancies, based on an unambiguous legislative requirement that judicial appointments continue to be based on merit.

“The empowering of an independent Commission to recommend fewer persons for judicial appointment than the previous system will bring Ireland closer into line with international requirements and will be an important safeguard for judicial independence.

“The new system also paves the way for the Commission to collaborate with the wider legal community and others to work towards a Judiciary which reflects the increasing diversity in the community.

“Public confidence in the judiciary begins with confidence in the system of judicial appointment. I look forward to working with the judicial and lay members of the Commission to develop the procedures which will result in the recommendation of the most suitable candidates for judicial appointment.”

Mrs McEntee added: “Over the years, the makeup of Irish society has changed, and it is vital that the judiciary adapts and represents the society which it serves.

“The Judicial Appointments Commission will be made up of highly qualified individuals from various sectors.

“Their work, through the establishment of new procedures, promoting diversity, and ensuring that viable candidates understand that the importance of their own training and professional development will ensure uniformity and transparency in the way judicial candidates are chosen.”