Judicial Appointments Commission Act 2023
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Recommendation of persons to Minister for appointment to judicial office in the State | ||
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47. (1) The Commission shall, following its consideration of applications in accordance with section 46 , recommend to the Minister— | ||
(a) where there is one judicial office in the State to be filled in a court, 3 persons for appointment to that judicial office, and | ||
(b) where there is more than one judicial office in the State to be filled in the same court, 3 persons and 2 additional persons for each second and subsequent vacancy for appointment to those judicial offices. | ||
(2) Where the Commission cannot, whether by reason of the number of applicants or the operation of section 46 , or both, as the case may be, recommend to the Minister the number of persons specified in subsection (1)(a) but can recommend a lesser number of persons to the Minister, it shall— | ||
(a) recommend to the Minister that lesser number of persons, and | ||
(b) at the same time as making that recommendation, set out in writing the reasons it is unable to recommend the number of persons specified in that subsection. | ||
(3) Where the Commission cannot, whether by reason of the number of applicants or the operation of section 46 , or both, as the case may be, recommend to the Minister the total number of persons required by the application of subsection (1)(b) but can recommend a lesser total number of persons to the Minister, it shall— | ||
(a) recommend to the Minister that lesser total number of persons, and | ||
(b) at the same time as making that recommendation, set out in writing the reasons it is unable to recommend the number of persons specified in that subsection. | ||
(4) Where the Commission determines that it cannot, whether by reason of there being no applicants or the operation of section 46 , recommend to the Minister any person for the vacancy in a judicial office concerned, it shall— | ||
(a) inform the Minister of that fact, and | ||
(b) at the same time, set out in writing the reasons it is unable to recommend any person. | ||
(5) The Commission shall, at the same time as making a recommendation, or informing the Minister that it cannot make a recommendation, under this section forward the name of each person who made an application in respect of the vacancy concerned. |