Judicial Appointments Commission Act 2023

Review by Commission and recommendations

61. (1) The Commission shall monitor and review—

(a) the implementation of this Act, including in particular—

(i) the practical operation and application of the judicial selection statement,

(ii) the qualifications and requisite knowledge, skills and attributes required for recommendation of persons for appointment and for nomination for appointment or election to judicial office,

(iii) the effectiveness of the procedures, set out in the statement of selection procedures, in achieving the objectives set out in section 39 (2) in relation to membership of the judiciary in each court,

(iv) the effectiveness of the administrative support provided by the Office to the Commission, and

(v) the adequacy of the functions assigned to the Commission,

and

(b) international developments in the selection, recommendation and appointment of persons to judicial office, including any international instruments and conventions relevant to such selection, recommendation and appointment.

(2) The Commission may commission research into the qualifications and other requirements for recommendation of persons for appointment and nomination for appointment or election to judicial office.

(3) A review under subsection (1) shall be conducted not later than 2 years after the coming into operation of this section and, thereafter, from time to time as the Commission may determine.

(4) The Commission shall, following a review under subsection (1), prepare a report of the findings of the review and set out such recommendations (if any) relating to the implementation of this Act as it considers appropriate.

(5) The Commission shall submit a report and recommendations prepared under subsection (4) to the Minister for his or her consideration.

(6) The Minister may, having considered a report and any recommendations submitted to him or her under subsection (5) and having consulted with the Minister for Foreign Affairs, provide his or her views to the Commission on the implementation of any of those recommendations and may identify other actions, arising from his or her consideration of the report and recommendations, for consideration by the Commission.

(7) The Commission shall report to the Minister on any implementation measures it takes in respect of recommendations made by it or in respect of actions identified by the Minister for consideration by the Commission under this section.