Helen McEntee denies system of appointing judges 'open to cronyism'

Justice Minister Helen McEntee today received Cabinet approval to publish the general scheme of the Judicial Appointments Commission Bill. Picture: Julien Behal 

The Justice Minister has published the heads of a Bill to overhaul how judges are appointed, but denied the current system is open to cronyism.

Helen McEntee has today received Cabinet approval to publish the general scheme of the Judicial Appointments Commission Bill. A previous version of the Bill lapsed with the changing of government and Ms McEntee's Bill contains a number of key differences.

Currently, judges lodge expressions of interest to the Government if they are seeking a promotion. Those who are not judges must apply to the Judicial Appointments Advisory Board, which assesses their suitability for judicial appointment.

The Judicial Appointments Commission will replace both processes and will contain a 4-4 split between members of the judiciary and lay appointees – one from the Irish Human Rights and Equality Commission and three appointed through the Public Appointments Service. 

Ms McEntee said the Bill was the largest overhaul in how judges are appointed in the history of the State.

“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."

However, the minister denied the current process, which has come under severe scrutiny over the appointment of former Attorney General Seamus Woulfe to the Supreme Court, was "open to cronyism".

Asked about the differences between this Bill and its 2017 predecessor put forward by Shane Ross, Ms McEntee said: “A significant difference between this new 2020 Bill and the 2017 Bill is that the proposed Judicial Appointments Commission will be headed by the Chief Justice rather than a lay chair. The Chief Justice of the day has chaired the JAAB for over 20 years and retaining this ensures that the selection process is absolutely rigorous and meets the need to have a strong and independent judiciary."

She said the nine-person board would be "more cohesive" than Mr Ross's proposal of 17.