Judicial Appointments Commission Act 2023

Consideration of applications and conditions for making of recommendation

46. (1) Subject to section 60 , the Commission shall consider applications made in respect of a particular vacancy in a judicial office in accordance with the judicial selection statement and shall not recommend an applicant to the Minister or, if appropriate, the Minister for Foreign Affairs, for appointment or for nomination for appointment or election, as the case may be, to judicial office unless—

(a) it is satisfied that the applicant—

(i) is an eligible person,

(ii) possesses the requisite knowledge, skills and attributes set out in that statement and is of sufficient merit for such recommendation,

(iii) is suitable on grounds of health to fulfil the duties of the judicial office concerned,

(iv) has complied with the requirements of section 44 (1), and

(v) has complied with the requirements of section 22 of the Act of 2001,

and

(b) the Commission has interviewed the applicant.

(2) An interview of an applicant shall, for the purposes of subsection (1)(b), be conducted by a panel of the Commission and the panel shall comprise not fewer than 3 members, selected by the Commission, at least one of whom shall be a lay member and at least one of whom shall be a member of the judiciary.