President to raise concerns about constitutionality of Judicial Commission Bill 

Under the constitution, President Higgins is permitted to convene the council to discuss whether or not a piece of legislation is unconstitutional. Picture: Leon Farrell / Photocall Ireland

President Michael D Higgins is to convene a meeting of the Council of State over concerns about the constitutionality of the Judicial Commission Bill 2022.

The council is due to meet on Wednesday to question whether or not the bill is unconstitutional and if President Higgins should refer the legislation to the Supreme Court.

Under the constitution, President Higgins is permitted to convene the council to discuss whether or not a piece of legislation is unconstitutional.

The bill itself is set to replace the existing Judicial Appointments Advisory Board (JAAB) and will replace it with a new Judicial Appointments Commission. This commission is due to be chaired by the Chief Justice and will comprise equal numbers of lay members and judicial members.

Speaking previously, Justice Minister Helen McEntee said the legislation would “enable the continued appointment of excellent judges, which are a cornerstone of a strong, independent judiciary”.

The council itself is comprised of ex-officio members, including the Taoiseach and Tánaiste, as well as former Government office holders and select appointed members.

Members of the council are set to give their own view on the legislation, while the President will then consider their recommendations before deciding whether or not to refer it to the Supreme Court.

It is expected President Higgins will make a decision on Thursday.

Since taking up office in 2011, President Higgins has referred two pieces of legislation to the council. In 2013, he convened the council to discuss the Life During Pregnancy Bill and in 2015, convened it to consider the International Protection Bill.