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President Higgins refers the Judicial Appointments Commission Bill 2022 to the Supreme Court

Date: Fri 13th Oct, 2023 | 16:06

Following consultation with the Council of State, which was convened on Wednesday 11 October 2023, and having given further consideration to the advice offered to him, President Michael D. Higgins has today decided, under Article 26 of the Constitution, to refer the Judicial Appointments Commission Bill 2022 to the Supreme Court for a decision on the question as to whether the Bill is repugnant to the Constitution or to any provision thereof.

The President has indicated the desirability of special attention being given to Sections 9, 10, 39, 40(2), 42, 43, 45, 46, 47, 51, 57 and 58 of the Bill.

The Sections of the Bill referred to the Supreme Court are as follows:

9.            Membership of Commission.

10.          Functions of Commission.

39.          Recommendations to be based on merit.

40(2).    re Eligible person: qualification for appointment and for nomination or election to judicial office.

42.          Invitation to apply for vacancy in judicial office.

43.          Applications for appointment or for nomination for appointment or election to judicial office.

45.          Applications 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.

51.          Appointments to judicial office in the State: recommended persons only to be considered.

57.          Judicial selection statement.

58.          Statement of requisite knowledge, skills and attributes.