The Irish Council for Civil Liberties (ICCL) yesterday published the new report on judicial selection procedures in Ireland, based on research by Professor Laura Cahillane and Dr Carol Lynch from the University of Limerick’s School of Law.

Supported by the Irish Research Council and ICCL, the research examines approaches — in Ireland and abroad — to assessing the knowledge, skills and competencies of candidates for judicial office, and identifies opportunities for reforms that would ensure merit and diversity are both valued in Ireland’s judicial appointments.

The report includes a call to widen the definition of “merit” in the judicial selection process.

Merit in judicial appointments has traditionally been defined based on factors such as success as a practitioner rather than by looking at potential judicial characteristics, such as temperament, suitability for the role and an awareness of the diversity of the communities which the courts serve.

A modern, broader definition would help to promote diversity amongst judicial candidates and fairness in the selection process, according to the report.

ICCL welcomed the passage of the Judicial Appointments Commission Act 2023 and the subsequent establishment of the Judicial Appointments Commission, which will come into being on 1 January 2025 and change how judges in Ireland are chosen for appointment.

The NGO says it hopes the new Commission will take the opportunity to further reform the process and thereby strengthen the independence of the judiciary, improve the transparency of judicial appointment procedures and enhance public trust in the appointment process.

Ahead of the report’s launch, Professor Cahillane said: “Our research was conducted in close consultation with leading international experts on judicial appointment procedures and we urge the Judicial Appointments Commission to consider our recommendations.

“This report presents a valuable opportunity for the Commission to learn from the experiences of neighbouring jurisdictions and draw on insights from international best practices to guide long-awaited reforms of the judicial appointment process.”

The report makes a number of recommendations, including to adopt Northern Ireland’s approach of creating a judicial profile and specifications for individual vacancies. Research indicates that this approach effectively promotes transparency in the appointment process by providing clear and defined criteria as to what constitutes an ideal candidate.

It also found that avoiding any requirement for judicial references would expand the pool of possible qualified candidates and facilitate applications from individuals who are not already active within the courts or tribunals.

It recommended that Ireland adopt Northern Ireland’s approach to maintaining anonymity and fairness in the selection process by forbidding members of the selection committees from sharing personal information about the candidates during the process.

The research also emphasises the importance of developing an effective diversity strategy for judicial appointments. The report indicates that conducting research into diversity statistics is essential to identify gaps and systemic barriers to diversity among the judiciary.

The process by which judges are selected and appointed is fundamental to the administration of justice. ICCL believes that these recommendations, if adopted, would enhance public confidence in the judicial system by making the process more transparent, fair and merit-based.