Judicial Appointments Commission Act 2023

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Judicial selection statement

57. (1) The Commission shall, in accordance with this section, publish a statement to be known as the “judicial selection (procedures and required competencies) statement” (in this Act referred to as the “judicial selection statement”) which shall include—

(a) a statement of selection procedures, and

(b) a statement of requisite knowledge, skills and attributes.

(2) The Commission shall, as soon as practicable after the coming into operation of this section, prepare—

(a) subject to section 58 , a draft statement of requisite knowledge, skills and attributes, and

(b) subject to section 59 , a draft statement of selection procedures.

(3) The Commission shall, from time to time, prepare either or both of the following:

(a) subject to section 58 , a revised draft statement of requisite knowledge, skills and attributes;

(b) subject to section 59 , a revised draft statement of selection procedures.

(4) The Commission shall, in preparing a revised draft statement referred to in subsection (3) have regard to any recommendations made under section 61 .

(5) In preparing the draft statements referred to in subsections (2) and (3), the Commission shall consult with the President of the High Court, the President of the Circuit Court or the President of the District Court in relation to a statement in so far as the statement relates to judicial offices in the court of that President.

(6) In preparing the draft statements referred to in subsections (2) and (3), the Commission may—

(a) avail itself of the advice and expertise of a consultant or adviser appointed by the Commission under section 11 (1) to assist it in the performance of its functions, and

(b) engage in a public consultation or consult with such person or persons as it considers appropriate.

(7) The Commission shall provide the Minister, and the Minister for Foreign Affairs in so far as it relates to the judicial office of judge of the European Court of Human Rights or the International Criminal Court, with a draft of each statement—

(a) pursuant to subsection (2), within a period of 15 months from the date of coming into operation of this section, and

(b) pursuant to subsection (3), as soon as practicable after the draft is prepared.

(8) The Minister may extend the 15 month period referred to in subsection (7)(a) by such further period, not exceeding 6 months, as he or she determines.

(9) The Minister, and the Minister for Foreign Affairs in so far as it relates to the judicial office of judge of the European Court of Human Rights or the International Criminal Court, shall provide his or her views (if any) to the Commission on a draft statement furnished under subsection (7) within 3 months of receipt of the draft statement.

(10) The Commission shall, within the period of time specified in subsection (12) and having taken into account the views (if any) of the Minister and, if applicable, the Minister for Foreign Affairs provided under subsection (9)—

(a) adopt a statement of selection procedures and a statement of requisite knowledge, skills and attributes,

(b) include both of those statements as adopted in the judicial selection statement,

(c) publish the judicial selection statement on its website, and

(d) on each occasion on which it adopts a revised draft statement of selection procedures or a revised draft statement of requisite knowledge, skills and attributes, or both, publish an update of the judicial selection statement on its website.

(11) Where an update of the judicial selection statement is published under subsection (10)(d) it shall, on publication, replace the previous judicial selection statement.

(12) The time period referred to in subsection (10) is—

(a) where the Minister and, if applicable, the Minister for Foreign Affairs, give their views in accordance with subsection (9), as soon as practicable after receipt of those views but in any event no later than 3 months from the date of receipt of those views,

(b) where the Minister and, if applicable, the Minister for Foreign Affairs, indicate that they have no views, as soon as practicable after they so indicate but in any event no later than 3 months after those Ministers of the Government so indicate, or

(c) where the Minister and, if applicable, the Minister for Foreign Affairs, do not give any views, no later than 3 months after the expiration of the 3 month period referred to in subsection (9).