Indicative Statement of Requisite Knowledge, Skills and Attributes and Indicative Statement of Selection Procedure
Under s. 57 of the Judicial Appointments Commission Act 2023, the Commission, is obliged, after a process of public consultation to adopt a Draft Judicial Selection Statement (“the draft Judicial Selection Statement”), comprising both (a) a statement of requisite skills, knowledge and attributes; and (b) a statement of selection procedures. That draft is to be produced within a 15 - month period from the date of establishment which may be extended by the relevant Minister by a period not exceeding six months (s. 57(8)). Thereafter there is a process under which the relevant Minister may make observations within a period of three months, and the Commission has a further period of three months to take account of such observations and adopt a Judicial Selection Statement (“the Judicial Selection Statement”) which will be applicable thereafter until reviewed or replaced.
That process is necessarily quite a lengthy one. The Commission has already commenced the process of producing drafts and will engage in the process of public consultation on them, which may include seeking advice from appropriate consultants. Pending the adoption of the Draft Judicial Selection Statement and subsequently, the Judicial Selection Statement, the transitional arrangements provided under the Act (s. 60) provide that the Commission shall adopt such statement of requisite skills, knowledge and attributes, and selection procedures, as it shall determine consistent with sections 58 and 59 of the Act.
Because appointments to judicial office will require to be made pending the adoption of a draft Judicial Selection Statement, the Commission has accordingly adopted indicative statements both of requisite skills and knowledge, and of selection procedures, for the guidance of intending applicants and the public generally. The indicative statements are available in the ‘Application Process’ section of this website.
Establishment
On the 8th December 2023, the Judicial Appointments Commission Act 2023 ('the Act') was signed into law by President Michael D. Higgins. The First Commencement Order, Statutory Instrument No. 114 of 2024, was signed on 20 March 2024.
The Minister for Justice signed the second and final commencement order which gave effect to all remaining provisions of the Act on 17 October 2024. On the same day, the Minister also signed the Establishment Day Order as required by Section 7 of the 2023 Act which established the Judicial Appointments Commission on 1 January 2025.
Under the Judicial Appointments Commission Act, 2023, the Commission replaces the Judicial Appointments Advisory Board (JAAB). The Commission selects and recommends persons for all judicial offices in Ireland and in the EU and international courts. Serving judges seeking elevation and persons wishing to become judges for the first time will have to apply through the Commission.
Overview of the Judicial Appointments Commission
The Judicial Appointments Commission is responsible for implementing improved procedures and requirements for judicial office selection through a streamlined and transparent process. It will also ensure that through this process Ireland follows best practices from across Europe.
In doing so, the Judicial Appointments Commission will be responsible for the following:
- Making recommendations in respect of appointments to judicial office;
- Amending the qualification requirements for appointment to judicial office;
- Enabling through other procedures the making of recommendations to the offices of Chief Justice, President of the Court of Appeal, and President of the High Court and;
- Establishing a Judicial Appointments Commission Office.
The Judicial Appointments Commission Act, 2023, provides for the establishment of a Commission of 9 members, headed by the Chief Justice as Chairperson. The combination of judicial experience and knowledge and the varied competencies and expertise of lay members will ensure that the judicial selection process is rigorous and supports a strong and independent judiciary
The Commission is composed of an equal number of 4 lay members and 4 judges, with the Attorney General as a non-voting member of the Commission.
The appointment of skilled lay members is an important aspect of ensuring that the work of the Commission is carried out to the highest standards.
Members of the Judicial Appointments Commission
The Judicial Appointments Commission (JAC) of Ireland was established on 1 January 2025, marking a significant reform in the selection process for judicial appointments.
The Commission consists of 9 members, subject to section 45 of the Act.
The 9 members are the Chief Justice as Chairperson, the President of the Court of Appeal (subject to section 9 (2) of the Act), 2 members of the Judicial Council, 4 lay members and the Attorney General (non-voting member).
Section 9 (2) of the Act provides that where the Commission is performing the function of selecting and recommending persons for appointment to judicial office in the High Court, Circuit Court or District Court, the President of the Court concerned, and not the President of the Court of Appeal, shall be the member for the purpose of performance of that function.
The Hon. Mr. Justice Donal O'Donnell
Chief Justice, Chairperson
The Hon. Ms. Justice Caroline Costello*
President of the Court of Appeal
The Hon. Mr. Justice David Barniville*
President of the High Court
The Hon. Ms. Justice Patricia Ryan*
President of the Circuit Court
His Honour Judge Paul Kelly*
President of the District Court
The Hon. Ms. Justice Mary Rose Gearty
Judge of the High Court, elected by the Judicial Council
Judge Alan Mitchell
Judge of the District Court, elected by the Judicial Council
Ms. Bernie Gray
Lay Member, Ministerial Nominee
Dr Rónán Kennedy
Lay Member, Ministerial Nominee
Dr Terence McWade
Lay Member, Ministerial Nominee
Dr Eleanor O’Higgins
Lay Member, Ministerial Nominee
The Attorney General, Rossa Fanning SC
(non-voting Commissioner)
*subject to section 9(2) of the Judicial Appointments Act, 2023.
Commission Members Functions
Members of the Commission undertake the following specific functions:
- Selecting and recommending persons to the relevant Minister for appointment to judicial office in the State and outside the State.
- Adopting a statement of selection procedures and a statement of requisite knowledge, skills and attributes for inclusion in a published statement, regarding the selection process for appointment to judicial office.
- Recommending a person for appointment to judicial office based on merit and having regard, to the extent feasible and practicable, of the following objectives:
- that the membership of the judiciary in each court should comprise equal numbers of male and female members,
- that the membership of the judiciary in each court reflect the diversity of the population of the State as a whole, and
- that the membership of the judiciary in each court include a sufficient number of judges with a proficiency in the Irish language
- Exercising independence in the performance of its function.