The Law Society has expressed alarm at proposals that would exclude solicitors from the Judicial Appointments Commission (JAC).

According to the Minister for Justice Helen McEntee (in a press release published on 31 March 2022), the JAC will “set out best-practice selection procedures, including interviews and the knowledge, skills and attributes required of judges”.

The new JAC will comprise nine members to replace the current Judicial Appointments Advisory Board. The commission will consist of an equal number of judge members and lay members, as follows:

• The Chief Justice, who will chair the Commission,
• The President of the Court of Appeal, who can be replaced by another Court President,
• Two judges nominated by the Judicial Council,
• Four lay members appointed by the Minister for Justice from among the persons recommended by the Public Appointments Service, and
• The Attorney General, who will not have a vote.

The minister has stated that “all four lay members of the Commission will be selected and recommended by the Public Appointments Service”.

Welcome for the bill

While welcoming the publication in April of the Judicial Appointments Commission Bill, Law Society President Michelle Ní Longáin stated: “Diversity among the judiciary is an important aspect of the proposed reforms. The interests of society will be best served by a judiciary that is rich in a variety of life experiences and backgrounds. We need a more diverse pool of candidates for judicial appointment – candidates that are reflective of our society.”

“Ireland is a flourishing multi-cultural country. This must be represented at every level of the legal profession, including the senior ranks,” she said.

“Looking to our nearest neighbours, and the Judicial Appointments Commission in the UK, which includes two professional members, we are concerned that the proposal in the bill to remove representatives of the legal professions from the commission table will have an extraordinarily negative impact, and it will be society that suffers the long-term consequences.”

Ní Longáin continued: “Solicitors operate at every level of seniority within the courts’ structure, dealing with every conceivable matter before the law. They have first-hand experience of the impact of the courts on users of the courts system as a result of their close interactions with the public.”

Dearth of resources

In addition, the Law Society has echoed the concerns of many Dáil deputies during second-stage debates on the bill. They have highlighted the current dearth of resources for the judiciary.

“We repeat our call for the immediate and targeted investment in court personnel and resources, which is needed to ensure the efficient administration of justice in the State to ensure access to justice,” the president said.