Law Society welcomes establishment of Judicial Appointments Commission
Calls for legal professions to be represented on Commission
The Law Society of Ireland has welcomed the establishment of the Judicial Appointments Commission, announced by Minister for Justice Helen McEntee today (17 October 2024), but urges a rethink on the lack of representation of practising legal professionals in its membership.
President of the Law Society, 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.
“We need only look to our nearest neighbours, where the UK Judicial Appointments Commission membership includes representatives of both branches of the legal profession. The Law Society remains concerned that representatives of the legal professions are excluded from the Commission. This effectively excludes the perspectives of thousands of solicitors who work in the courts every day and is an approach which 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. Ireland is 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 is commendable.
“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.
“The Law Society, despite our concerns, views these reforms as transformative for the justice system and all who use it. The Law Society looks forward to continuing to work alongside the Minister, the Judicial Appointments Commission, 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.
“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.”
