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Solicitors ‘effectively excluded’ from JAC

The Law Society has urged a rethink on the lack of representation of practising legal professionals on the Judicial Appointments Commission (JAC) announced by Justice Minister Helen McEntee today (17 October).

Law Society President Barry MacCarthy said: “The commencement of the Judicial Appointments Act with effect from January 2025 will bring about a really significant change in the way judges are selected for appointment.

“The Law Society welcomes Minister McEntee’s leadership in driving forward these much-needed reforms, but we reiterate our call for practising legal professionals, including solicitors, to be represented on the Judicial Appointments Commission.

“As presently constituted, the new Judicial Appointments Commission will not have any representative of practising solicitors or barristers among its membership,” he said.

Both branches

“We need only look to our nearest neighbours, where the Judicial Appointments Commission membership includes representatives of both branches of the legal profession."

MacCarthy added that the Law Society remained concerned that representatives of the legal professions were excluded from the Commission.

“This effectively excludes the perspectives of thousands of solicitors who work in the courts every day, and is an approach that is a significant change from the system that has been in place before now.

“By prioritising diversity among judicial candidates, the commission is sending an important message to citizens of Ireland. The Law Society has long called for increased diversity in all branches of the legal profession, strategically working to widen access to solicitor training,” he said.

Ireland was a thriving multi-cultural country, and the commission’s objective that membership of the judiciary should reflect the diversity of the population as a whole was commendable, he added.

“An independent judiciary is fundamental to a progressive democracy, and the new transparent process for judicial appointments will help build trust in the system.

“The focus on judicial training and skills is necessary to ensure our judges can administer justice as societal needs continue to evolve.”

Reforms

He added that the Law Society, despite its concerns, viewed these reforms as transformative for the justice system and all who used it.

The Law Society looks forward to continuing to work alongside the minister, JAC and other stakeholders to build a modern justice system that reflects the needs of Irish society today.

“According to an OECD report (January 2023), the Irish justice system is currently experiencing a shortage of judges, has limited case-management capacity, and court operations are not as efficient as they could be,” the Law Society President said.

“We also call on the minister to now proceed with the appointment of more judges and court staff in line with the recommendations of the OECD and the report of the Judicial Planning Working Group,” he concluded.