The Judicial Appointments Commission Bill was referred to the Supreme Court by President Michael D Higgins in October

Court to rule on constitutionality of appointments bill

06 Dec 2023, 17:11 by Orla O'Donnell, https://www.facebook.com/rtenews/ · RTE.ie

The Supreme Court will give its decision on Friday on the constitutionality of new legislation governing the way judges are appointed.

The Judicial Appointments Commission Bill was referred to the court by President Michael D Higgins in October.

The arguments heard by the seven supreme court judges last month, centred around part of Section 51 of the bill, which says the Government shall "only" consider a person for appointment as a judge from three names recommended by the judicial appointments commission.

Lawyers arguing against the bill's constitutionality told the court that this interfered with the Government’s power to appoint judges and with the independence of the judiciary.

They said this was a power that should rest with the Government but instead the Government’s role was reduced to a rubber stamp.

The court was also told the concept of "merit" in relation to recommending a person for appointment as a judge was "wholly undefined" in the legislation.

However, the Attorney General told the court the bill was designed to enhance judicial independence by reducing political influence on judicial appointments after a robust screening process.

Rossa Fanning said the Government in this case was not unlawfully taking more power but was relinquishing a power.

He said the proposed legislation had the support of the Oireachtas and was a legal check "against the theoretical power of a government acting in bad faith in the appointment of judges".

Under Article 26 of the Constitution, the court has 60 days from the referral of a bill to give its decision and it was due by early next week at the latest.

One decision will be issued on behalf of all seven judges.

If the court finds any of the sections are unconstitutional then the entire bill will fall.

If it finds the bill is constitutional, then it cannot be challenged any further.

It is 18 years since a bill was last referred to the Supreme Court under the provision set out in Article 26 of the Constitution and the first time President Higgins has referred any bill.