Judicial Appointments Commission Act 2023

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Statement of requisite knowledge, skills and attributes

58. (1) The requisite knowledge, skills and attributes for judicial office shall be set out in a statement of requisite knowledge, skills and attributes.

(2) Subject to subsections (3) and (8), a statement of requisite knowledge, skills and attributes may—

(a) specify different requisite knowledge, skills and attributes by reference to—

(i) different judicial offices,

(ii) in the case of the judicial offices of judge of the Court of Justice, Advocate General of the Court of Justice or judge of the General Court—

(I) the requirements of the TFEU, and

(II) the criteria used by the panel, established under Article 255 of the TFEU, to assess candidates’ suitability to perform the duties of the judicial office concerned,

(iii) in the case of the judicial office of judge of the European Court of Human Rights—

(I) Article 21 of the European Convention on Human Rights, and

(II) any recommendations, resolutions, decisions or guidelines of the Committee of Ministers concerning the selection of candidates for that judicial office,

(iv) in the case of the judicial office of judge of the International Criminal Court—

(I) Article 36 of the Rome Statute, and

(II) any recommendations, resolutions, decisions or guidelines of the Assembly of State Parties or its subsidiary organs concerning the selection of candidates for that judicial office,

(v) in the case of judicial offices in the same court, different classes of business in that court that it is reasonably anticipated a particular appointee to such office would deal with, and

(vi) the needs, identified by the Commission following consultations under section 56 (4), of users of the courts with respect to proceedings being conducted in the Irish language,

(b) specify, for the purposes of subsection (3)(g) and having regard to the matters referred to in paragraph (a), that successful completion of a particular education or training programme or a particular standard of programme is required, and

(c) prioritise different requisite knowledge, skills and attributes by reference to the matters referred to in paragraph (a).

(3) Without prejudice to the generality of subsection (1), a statement of requisite knowledge, skills and attributes shall specify that an applicant will be required to demonstrate the following, namely that he or she:

(a) in the case of an applicant seeking—

(i) to be recommended for appointment to the office of ordinary judge of the Supreme Court, ordinary judge of the Court of Appeal or ordinary judge of the High Court, has the knowledge and experience specified in subsection (4),

(ii) to be recommended for appointment to the office of ordinary judge of the Circuit Court or to the office of judge of the District Court, has appropriate knowledge and understanding of the functions, practice and procedure of the court to which the appointment concerned relates, and

(iii) to be recommended for nomination for appointment or election, has the knowledge and skills specified in subsection (7);

(b) in the case of a barrister or solicitor, the basis for whose claim to be qualified for appointment to the judicial office concerned is a provision of section 5, 17 or 29 of the Act of 1961, in his or her practice as a barrister or solicitor, as the case may be, has demonstrated a high degree of professionalism, competence and probity;

(c) in the case of a legal academic, the basis for whose claim to be qualified for appointment to the judicial office concerned is section 45A of the Act of 1961, in his or her role as a legal academic and also in his or her practice as a barrister or solicitor, as the case may be, has demonstrated a high degree of professionalism, competence and probity;

(d) will be able, allowing for any appropriate training that may first be required, to deal with judicial business in branches of the law that may not have fallen within his or her previous area of knowledge as a practising barrister, practising solicitor, legal academic or holder of another judicial office, as the case may be;

(e) has an appropriate awareness of the practical considerations that affect the experience of lay participants in the court system, whether as a party to proceedings, as a witness or otherwise;

(f) has an appropriate awareness of the diversity of the population of the State as a whole and of any matters arising from such diversity that may require special consideration in proceedings before a court;

(g) has—

(i) if the applicant already holds judicial office, undergone judicial training or participated in an appropriate level of continuing professional development education or training programmes as a judge or relevant to the role of a judge, or

(ii) if the applicant does not hold judicial office, participated in continuing professional development education or training programmes relevant to the role of a judge or the area of law to which the appointment concerned relates.

(4) An applicant seeking appointment to the office of ordinary judge of the Supreme Court, ordinary judge of the Court of Appeal or ordinary judge of the High Court shall be required to demonstrate that he or she has—

(a) an appropriate knowledge of the decisions of the Supreme Court, the Court of Appeal and the High Court, and

(b) an appropriate knowledge of, and subject to subsection (6), appropriate experience in, the practice and procedure of the court to which the appointment concerned relates.

(5) In determining whether the requirements of paragraphs (a) and (b) of subsection (4) are satisfied, the statement shall specify that regard shall be had, in particular, to the nature and extent of the practice of the person concerned in so far as it relates to his or her personal conduct of proceedings in the Supreme Court, the Court of Appeal and the High Court as either or both—

(a) a person advocating in proceedings or as a solicitor instructing counsel in proceedings, or both, or

(b) a person providing legal advice to another person on the conduct of such proceedings.

(6) A person who was appointed as a judge of the High Court, the Circuit Court or the District Court before 28 October 2014 shall not be required to demonstrate that he or she has appropriate experience of the practice and procedure of the Court of Appeal.

(7) An applicant seeking nomination for appointment or election to judicial office outside the State shall be required to demonstrate that he or she possesses—

(a) an appropriate knowledge, in relation to the court to which the vacancy in the judicial office concerned relates—

(i) of the decisions of the court, and

(ii) of the practice and procedure of that court,

(b) the language skills necessary for the vacancy concerned, and

(c) the ability to work as part of a team in an international environment in which multiple legal systems are represented.

(8) A statement of requisite knowledge, skills and attributes shall require an applicant for recommendation for appointment to judicial office in the State to give an undertaking in writing to the Commission that, if appointed to judicial office in the State, he or she will take such course or courses of training or education, or both, as may be required by the Chief Justice or the President of the court in which the vacancy in the judicial office concerned arises.