IE-2023-act-33 — Judicial Appointments Commission Act 2023 | Law Reform

PART 1 Preliminary and General 1. (1) This Act may be cited as the Judicial Appointments Commission Act 2023. (2) (a) Sections 63 , 64 and 65 and the Courts (Supplemental Provisions) Acts 1961 to 2021 may be cited as the Courts (Supplemental Provisions) Acts 1961 to 2023. (b) Section 62 and the Courts of Justice Acts 1924 to 2019 may be cited together as the Courts of Justice Acts 1924 to 2023. (3) This Act shall come into operation on such day or days as the Minister may, by order or orders appoint either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or different provisions, and for the repeal of different provisions of the enactment effected by section 6 . 2. (1) In this Act— “Act of 1961” means the Courts (Supplemental Provisions) Act 1961 ; “Act of 1995” means the Courts and Court Officers Act 1995 ; “Act of 2001” means the Standards in Public Office Act 2001 ; “Act of 2014” means the Companies Act 2014 ; “Act of 2018” means the Data Protection Act 2018 ; “applicant” means a person who makes an application under section 43 ; “Assembly of State Parties” means the Assembly of State Parties established under Article 112 of the Rome Statute; “chairperson”, other than in section 23 , means the chairperson of the Commission; “Commission” has the meaning assigned to it by section 8 (1) ; “committee” means a committee of the Commission established under section 16 ; “Committee of Ministers” means the Committee of Ministers established by Article 10(i) of the Statute of the Council of Europe done at London on the 5th day of May 1949; “Data Protection Regulation” means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 1 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation); “Director” has the meaning assigned to it by section 36 (1) ; “diversity statement” means a diversity statement that stands published under section 28 ; “eligible person” shall be construed in accordance with section 40 ; “establishment day” shall be construed in accordance with section 7 ; “European Convention on Human Rights” means the Convention for the Protection of Human Rights and Fundamental Freedoms done at Rome on the 4th day of November 1950, as amended by— (a) Protocol No.11 to the Convention for the Protection of Human Rights and Fundamental Freedoms done at Strasbourg on 11 May 1994, (b) Protocol No.14 to the Convention for the Protection of Human Rights and Fundamental Freedoms done at Strasbourg on 13 May 2004, and (c) Protocol No.15 to the Convention for the Protection of Human Rights and Fundamental Freedoms done at Strasbourg on 24 June 2013; “European Court of Human Rights” means the Court established under Article 19 of the European Convention on Human Rights; “International Criminal Court” means the Court established under Article 1 of the Rome Statute; “judicial office” means the office of— (a) Chief Justice, (b) the President of the Court of Appeal, the President of the High Court, the President of the Circuit Court or the President of the District Court, (c) an ordinary judge of the Supreme Court, an ordinary judge of the Court of Appeal, an ordinary judge of the High Court or an ordinary judge of the Circuit Court, (d) a specialist judge of the Circuit Court, (e) a judge of the District Court, (f) a judge of the Court of Justice, (g) an Advocate-General of the Court of Justice, (h) a judge of the General Court, (i) a judge of the European Court of Human Rights, or (j) a judge of the International Criminal Court; “judicial office in the State” means the office of— (a) Chief Justice, (b) the President of the Court of Appeal, the President of the High Court, the President of the Circuit Court or the President of the District Court, (c) an ordinary judge of the Supreme Court, an ordinary judge of the Court of Appeal, an ordinary judge of the High Court or an ordinary judge of the Circuit Court, (d) a specialist judge of the Circuit Court, or (e) a judge of the District Court; “judicial office outside the State” means the office of— (a) a judge of the Court of Justice, (b) an Advocate-General of the Court of Justice, (c) a judge of the General Court, (d) a judge of the European Court of Human Rights, or (e) a judge of the International Criminal Court; “judicial selection statement” has the meaning assigned to it by section 57 (1) ; “law officer” means a person employed in the service of the State where a condition for the employment of the person was that he or she was a practising barrister or a practising solicitor; “lay member” means a lay person who is a member of the Commission; “lay person” means a person who— (a) does not hold, and has never held, judicial office, (b) is not and never has been the Attorney General, the Director of Public Prosecutions, the Chief State Solicitor or a law officer, (c) is not, and in the relevant period specified in subsection (2) for the purposes of this paragraph, was not, a practising barrister or a practising solicitor, and (d) does not hold or occupy, and has never held or occupied, an office or position in a place outside the State equivalent to an office or position referred to in paragraph (a) or (b) and is not, and in the relevant period specified in subsection (2) for the purposes of this paragraph, was not a solicitor or barrister practising in a jurisdiction outside the State in accordance with the law of that jurisdiction; “Minister” means the Minister for Justice; “Office” has the meaning assigned to it by section 35 (1) ; “personal data” has the same meaning as it has in the Data Protection Regulation; “practising barrister” has the same meaning as it has in the Legal Services Regulation Act 2015 ; “practising solicitor” has the same meaning as it has in the Legal Services Regulation Act 2015 ; “processing” has the same meaning as it has in the Data Protection Regulation; “requisite knowledge, skills and attributes” means the knowledge, skills, competencies, personal attributes and characteristics that a person must possess in order that he or she may be considered to be suitable for recommendation for appointment, or for nomination for appointment or election, to judicial office; “Rome Statute” means the Rome Statute of the International Criminal Court done at Rome on 17 July 1998; “special categories of personal data” has the same meaning as it has in the Act of 2018; “statement of requisite knowledge, skills and attributes” means the statement of requisite knowledge, skills and attributes which stands adopted by the Commission under section 57 ; ““statement of selection procedures” means the statement of selection procedures which stands adopted by the Commission under section 57 ; “TFEU” means the Treaty on the Functioning of the European Union; “vetting disclosure” has the same meaning as it has in the National Vetting Bureau (Children and Vulnerable Persons) Act 2012 . (2) The relevant period for the purposes of paragraphs (c) and (d) of the definition of “lay person” in subsection (1) is the period of 5 years immediately preceding the latest date on which the person may apply to participate in a selection process held by the Public Appointments Service under section 13 (1) . 3. In this Act— (a) a reference to recommendation for appointment is a reference to recommendation for appointment to a judicial office in the State, and (b) a reference to recommendation for nomination for appointment or election is a reference to recommendation for nomination for appointment or election to a judicial office outside the State. 4. The expenses incurred by the Minister and the Minister for Foreign Affairs in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Public Expenditure, National Development Plan Delivery and Reform, be paid out of moneys provided by the Oireachtas. 5. (1) A notice or other document that is required to be served on or given to a person under this Act shall be addressed to the person concerned by name and may be so served on or given to the person in one of the following ways: (a) by delivering it in person; (b) by leaving it at the address at which the person ordinarily resides or, in a case in which an address for service has been furnished, at that address; (c) by sending it by post in a prepaid registered letter to the address at which the person ordinarily resides or, in a case in which an address for service has been furnished, to that address; (d) by electronic means, in a case in which the person has given notice in writing to the person serving or giving the notice or document concerned of his or her consent to the notice or document (or notices or documents of a class to which the notice or document belongs) being served on, or given to, him or her in that manner. (2) For the purposes of this section, a company formed and registered under the Act of 2014 or an existing company within the meaning of that Act shall be deemed to be ordinarily resident at its registered office, and every other body corporate and every unincorporated body of persons shall be deemed to be ordinarily resident at its principal office or place of business. 6. Part IV, other than section 19A, of the Act of 1995 is repealed. PART 2 Judicial Appointments Commission 7. The Minister shall, by order, appoint a day to be the establishment day for the purposes of this Act. 8. (1) There shall stand established on the establishment day a body to be known as An Coimisiún um Cheapacháin Bhreithiúnacha or, in the English language, the Judicial Appointments Commission (in this Act referred to as the “Commission”). (2) The Schedule shall apply to the Commission. 9. (1) The Commission shall consist of 9 members, subject to section 45 , being— (a) the Chief Justice, (b) subject to subsection (2) , the President of the Court of Appeal, (c) 2 members of the Judicial Council nominated and appointed in accordance with section 12 , (d) subject to subsection (3) , the Attorney General, and (e) 4 lay members appointed under section 13 . (2) Where the Commission is performing the function of selecting and recommending persons for appointment to judicial office in the High Court, Circuit Court or District Court, the President of the Court concerned, and not the President of the Court of Appeal, shall be the member for the purpose of performance of that function. (3) The Attorney General shall not, as a member of the Commission, have a right to vote on any matter coming before the Commission for a vote. (4) The Chief Justice shall be the chairperson of the Commission. 10. (1) The general functions of the Commission shall be— (a) to select and recommend persons— (i) to the Minister for appointment and nomination for appointment to judicial office, and (ii) to the Minister for Foreign Affairs in so far as a nomination for election to the European Court of Human Rights and the International Criminal Court is concerned, and (b) for the purposes of paragraph (a) , to adopt a statement of selection procedures and a statement of requisite knowledge, skills and attributes for inclusion in a judicial selection statement. (2) The Commission shall be independent in the performance of its functions. (3) The Commission shall have all such powers as are necessary or expedient for the performance of its functions. 11. (1) The Commission may, as it considers necessary to assist it in the performance of its functions— (a) enter into contracts or arrangements with any person, and (b) with the consent of the Minister, appoint consultants or advisers. (2) Subject to section 57 (6) , a contract or arrangement with a person, or appointment of a consultant or adviser, referred to in subsection (1) shall not enable the person, consultant or advisor to do any thing for the purpose of the performance by the Commission of the function of selection and recommendation of persons for appointment or for nomination for appointment or election to judicial office. (3) The Commission may, out of the resources at its disposal, pay to a person, consultant or adviser referred to in subsection (1) such fees (if any) or allowances for expenses (if any) as the Commission may determine. (4) The appointment of a consultant or adviser shall be for such period and, subject to subsection (3) , be on such terms and conditions, as the Commission considers appropriate. 12. (1) Subject to subsections (2) and (3) , the Judicial Council shall nominate 2 members of the Council to be members of the Commission. (2) The 2 nominees shall comprise one male and one female nominee— (a) one of whom shall be a judge of the Supreme Court, of the Court of Appeal or of the High Court and one of whom shall be a judge of the Circuit Court or the District Court, and (b) one of whom shall be a judge who, at the time of his or her appointment as a judge, was qualified for such appointment by virtue of having been a practising solicitor and one of whom shall be a judge who, at the time of his or her appointment as a judge, was qualified for such appointment by virtue of having been a practising barrister. (3) The Judicial Council shall not nominate the President of the High Court, the President of the Circuit Court or the President of the District Court to be a member of the Commission. (4) For the purposes of subsection (2)(b) , a reference to having been qualified for such appointment by virtue of having been a practising solicitor or practising barrister shall, in relation to a judge who at the time of his or her appointment as a judge was qualified for such appointment by virtue of section 45A of the Act of 1961, be taken to be a reference to having been qualified for such appointment by virtue of having been, as part of that qualification, a practising barrister or practising solicitor, as the case may be, in accordance with that section. (5) The Minister shall appoint each person nominated under subsection (1) to be a member of the Commission. (6) Where a judge, appointed under this section, ceases to be a member of the Commission in accordance with section 18 (4) , the Judicial Council shall nominate a judge— (a) of the same gender as the judge who ceases to be a member, (b) of the Supreme Court, the Court of Appeal or the High Court if the judge who ceases to be a member was a judge of one of those courts, or of the Circuit Court or District Court if the judge who ceases to be a member was a judge of one of those courts, and (c) who was qualified for appointment as a judge, as referred to in subsection (2)(b) , on the same basis as the judge who is being replaced. (7) The Minister shall appoint the person nominated under subsection (6) to be a member of the Commission and that person shall hold office for that period of the term of office of the member, who occasioned that vacancy, that remains unexpired at the date of such appointment. 13. (1) The Minister shall, from time to time as required, request the Public Appointments Service to undertake a selection process for the purpose of identifying and recommending to the Minister persons whom it is satisfied are suitable for appointment as lay members. (2) Upon receipt of a request under subsection (1) , the Public Appointments Service shall undertake a selection process and, subject to subsection (3) , recommend to the Minister, from among the persons who participated in the process, those persons whom it is satisfied are suitable for appointment as lay members. (3) The Minister shall agree with the Public Appointments Service the selection criteria and procedures applicable to a selection process under this section having regard to— (a) the objective that the lay members will, having regard to the functions of the Commission, amongst them possess knowledge of, and experience, qualifications, training or expertise in, the matters specified in subsection (4) , (b) the need, in so far as possible, to ensure that recommendations made under subsection (2) should comprise an equal number of women and men and reflect the diversity of the population of the State as a whole, and (c) the need to ensure that a person recommended to the Minister under subsection (2) is a fit and proper person to be a lay member. (4) The matters referred to in subsection (3) are matters connected with— (a) business, finance or public service, (b) corporate governance and human resources (including making, or recommending persons for, senior appointments), (c) the courts and the operation of the justice system both in the State and in places outside the State, and (d) the importance of protection of human rights and equality. (5) Subject to subsection (6) , the Minister shall appoint lay members from among the persons recommended by the Public Appointments Service under subsection (2) . (6) The Minister shall not make an appointment under subsection (5) unless a resolution approving the appointment has been passed by each House of the Oireachtas. (7) The Minister may, prior to the establishment day, designate a person or persons, the subject of a recommendation under subsection (2) , to be the first lay member or members of the Commission. (8) If, immediately before the establishment day, a person stands designated to be a first lay member under subsection (7) , the person shall be taken to have been appointed as a lay member on that day. (9) A resolution referred to in subsection (6) shall not be required in respect of an appointment under subsection (8) . 14. (1) Each member of the Commission shall act on a part-time basis subject to such terms and conditions (other than the payment of remuneration and allowances for expenses) as the Minister may determine. (2) Each lay member shall be paid by the Commission such remuneration (if any) and allowances for expenses (if any) as the Minister may, with the consent of the Minister for Public Expenditure, National Development Plan Delivery and Reform, from time to time determine. (3) There may be paid by the Commission such allowances for expenses (if any), incurred by lay members on a panel established under section 46 (2) , as the Commission may, with the consent of the Minister and the Minister for Public Expenditure, National Development Plan Delivery and Reform, determine. (4) Subject to section 19 (3) — (a) a lay member shall hold office for a period of 3 years from the date of his or her appointment, and (b) where the lay member’s term of office expires with the passage of time, he or she may be reappointed by the Minister to the Commission for one further period of 3 years without a further recommendation by the Public Appointments Service or a further resolution under section 13 (6) . (5) Subject to section 18 (4) — (a) a member of the Judicial Council who is appointed as a member of the Commission under section 12 shall hold office for a period of 3 years from the date of his or her appointment, and (b) where that member’s term of office expires with the passage of time, he or she may be nominated by the Judicial Council under section 12 for appointment for one further period of 3 years. (6) Nothing in subsection (5) shall be construed as preventing a judge, who has been a member of the Commission, from being a member of the Commission in accordance with— (a) subsection (1)(a) or (b) or (2) of section 9 , by virtue of holding the office of Chief Justice, President of the Court of Appeal, President of the High Court, President of the Circuit Court or President of the District Court, (b) subsections (2) and (3) of section 45 , by virtue of being the next most senior judge referred to in those provisions, or (c) subsection (2) or (3) of section 18 , by virtue of being the most senior ordinary judge referred to in those provisions. 15. (1) The Commission shall hold such and so many meetings as may be necessary for the due performance of its functions. (2) The chairperson shall fix the date, time and place of the first meeting of the Commission which shall be a date no later than the end of the period of 3 months beginning on the establishment day. (3) At a meeting of the Commission the chairperson shall, if present, be the chairperson of the meeting or, where the chairperson is absent, the most senior judge present shall be chairperson of the meeting. (4) Subject to the provisions of this Act, the Commission shall regulate its own procedures. (5) The quorum for a meeting of the Commission shall, unless the Minister otherwise directs, be 6 members, not less than 3 of whom shall be lay members. (6) The Commission may act notwithstanding one or more vacancies in its membership. 16. (1) The Commission may establish one or more committees of the Commission to assist it in the performance of its functions under this Act. (2) A committee shall consist of such and so many members of the Commission as may be determined by the Commission and shall have an equal number of lay members and members who are members of the judiciary. (3) The chairperson of a committee shall be the Chief Justice or such one of the members of the Commission, referred to in paragraph (b) or (c) of section 9 (1) , as the Chief Justice shall determine. (4) A committee shall determine its own procedures. (5) There may be paid by the Commission such allowances for expenses (if any), incurred by members of a committee who are lay members, as the Commission may, with the consent of the Minister and the Minister for Public Expenditure, National Development Plan Delivery and Reform, determine. 17. (1) Meetings of the Commission or of a committee may consist of a conference between some or all of the members of the Commission or committee, as the case may be, who are not all in one place, but each of whom is able (directly or by means of electronic communications technology) to speak to each of the others and to be heard by each of the others. (2) Any decision made, vote taken or other act done by means of a conference referred to in subsection (1) shall be as good and effectual as a decision made, vote taken or other act done by the members concerned would have been if such had been made, taken or done by those members in a meeting of them held in person. (3) In this section, “electronic communications technology”, means, in relation to a meeting, technology that enables real time transmission and real time two-way audio visual or audio communication. 18. (1) A person who is a member of the Commission by virtue of holding the judicial office of Chief Justice, President of the Court of Appeal, President of the High Court, President of the Circuit Court or President of the District Court shall, upon ceasing for any reason to hold that judicial office, cease to be a member of the Commission. (2) Where the person referred to in subsection (1) who ceases to hold judicial office is the Chief Justice, the most senior ordinary judge of the Supreme Court shall be a member of the Commission until the successor to the Chief Justice is appointed. (3) Where the person referred to in subsection (1) who ceases to hold judicial office is the President of the Court of Appeal, the President of the High Court, the President of the Circuit Court or the President of the District Court, the most senior ordinary judge of the court concerned shall be a member of the Commission until the successor to the President of the court concerned is appointed. (4) A person appointed under section 12 to be a member of the Commission shall, upon ceasing for any reason to hold judicial office, cease to be a member of the Commission and a member shall be nominated and appointed in his or her place in accordance with subsection s (6) and (7) of that section. (5) A person who is a member of the Commission by virtue of having been appointed under section 12 may resign from the Commission by notice in writing to the Minister and— (a) the resignation shall take effect on the date the Minister receives the notice, or, if a date is specified in the notice and the Minister agrees, that date, and (b) subsection (4) shall apply, with any necessary modifications, as it applies when he or she ceases to hold judicial office. 19. (1) A lay member shall cease to be a member of the Commission where he or she ceases to be a lay person. (2) A lay member may resign from the Commission by notice in writing to the Minister and the resignation shall take effect on the date the Minister receives the notice or if a date is specified in the notice and the Minister agrees, that date. (3) Where a lay member dies, resigns, is removed from office or otherwise ceases to hold office, the casual vacancy shall be filled in accordance with the procedure for the appointment of a lay member by the Minister under section 13 and the person appointed to fill the casual vacancy shall hold office for that period of the term of office of the member who occasioned that vacancy that remains unexpired at the date of that person’s appointment. 20. A person shall not be eligible for appointment, and shall cease to hold office, as a lay member if he or she— (a) is convicted on indictment of an offence, (b) is convicted of an offence involving fraud or dishonesty, (c) has a declaration made against him or her under section 819 of the Act of 2014 or is deemed to be subject to such a declaration by virtue of Chapter 5 of Part 14 of that Act, or (d) is subject to, or is deemed to be subject to, a disqualification order within the meaning of Chapter 4 of Part 14 of the Act of 2014 whether by virtue of that Chapter or of any other provision of that Act. 21. (1) The Government may remove a lay member from office where they are satisfied that one or more of the grounds specified in subsection (2) apply to the member and then and only then where a resolution is passed by each House of the Oireachtas calling for the removal of that member from office. (2) The grounds referred to in subsection (1) are that a lay member— (a) has become incapable through ill health of effectively performing the functions of the office, (b) has committed stated misbehaviour (other than misbehaviour which is the basis for a conviction referred to in paragraph (a) or (b) of section 20 as a result of which the member is required to cease to hold office in accordance with that section), (c) has a conflict of interest of such significance that he or she should cease to hold office, or (d) is otherwise unfit to hold office or unable to discharge the functions of the office. (3) Where the Government propose to remove a lay member under subsection (1) , they shall notify the member concerned in writing of their proposal. (4) A notification under subsection (3) shall include a statement— (a) of the reasons for the proposed removal, (b) that the member may make representations to the Government, in such form and manner as may be specified by the Government, as to why the member should not be removed from office and any such representations shall be made before the expiration of— (i) a period of 30 working days from the date of the notification, or (ii) such other period as the Government may, having regard to the requirements of natural justice, specify in the notice, and (c) that where no representations are received within the period referred to in paragraph (b) , the Government will, without further notice to the member, proceed with the removal of the member from office in accordance with this section. (5) In considering whether to remove a lay member from office, the Government shall take into account— (a) any representations made by the member under subsection (4)(b) within the period referred to in that subsection, and (b) any other matter the Government consider relevant for the purpose of their decision. (6) Where, having taken into account the matters referred to in subsection (5) , the Government decide the lay member should be removed from office in accordance with this section, the Government shall cause notice to be given in writing to the member of the decision and the reasons for that decision. 22. (1) In this section, “Public Accounts Committee” means the Committee of Dáil Éireann established under the Standing Orders of Dáil Éireann to examine and report to Dáil Éireann on the appropriation accounts and reports of the Comptroller and Auditor General. (2) The Director shall, whenever required in writing to do so by the Public Accounts Committee, give evidence to that Committee in relation to— (a) the regularity and propriety of the transactions recorded or required to be recorded in any book or other record of account that the Commission is required by this Act to prepare (being a book or record of account that is subject to audit by the Comptroller and Auditor General), (b) the economy and efficiency of the Commission in the use of its resources, (c) the systems, procedures and practices employed by the Commission for the purpose of evaluating the effectiveness of its operations, and (d) any matter affecting the Commission referred to in a special report of the Comptroller and Auditor General under section 11 (2) of the Comptroller and Auditor General (Amendment) Act 1993 or in any other report of the Comptroller and Auditor General (in so far as that other report relates to a matter specified in paragraph (a) , (b) or (c) ) that is laid before Dáil Éireann. (3) In giving evidence under this section, the Director shall not— (a) question or express an opinion on the merits of— (i) any policy of the Government or a Minister of the Government, or (ii) the objectives of such a policy, or (b) give any information that discloses or is likely to disclose proceedings, communications or matters referred to in section 30 . 23. (1) In this section, “Committee” means a Committee appointed by either House of the Oireachtas or jointly by both Houses of the Oireachtas (other than the Public Accounts Committee referred to in section 22 or the Committee on Members’ Interests of Dáíl Éireann or the Committee on Members’ Interests of Seanad Éireann) or a subcommittee of such a Committee. (2) Subject to subsection (3) , the Director shall, at the request in writing of a Committee, attend before it to give account for the general administration of the Commission. (3) The Director shall not be required to give account before a Committee— (a) for any matter which is, has been or may at a future time be, the subject of proceedings before a court or tribunal in the State, or (b) where the giving of such account would involve disclosure of proceedings, communications or matters contrary to section 30 . (4) Where the Director is of the opinion that a matter in respect of which he or she is requested to give an account before a Committee is a matter to which subsection (3)(a) applies, he or she shall inform the Committee of that opinion and the reasons for the opinion and, unless the information is conveyed to the Committee at a time when the Director is before it, the information shall be so conveyed in writing. (5) Where the Director has informed a Committee of his or her opinion in accordance with subsection (4) and the Committee does not withdraw the request referred to in subsection (2) in so far as it relates to a matter the subject of that opinion— (a) the Director may, not later than 21 days after being informed by the Committee of its decision not to do so, apply to the High Court in a summary manner for determination of the question whether the matter is one to which subsection (3)(a) applies, or (b) the chairperson of the Committee may, on behalf of the Committee, make such an application, and the High Court shall determine the matter. (6) Pending the determination of an application under subsection (5) , the Director shall not attend before the Committee to give account for the matter the subject of the application. (7) If the High Court determines that the matter concerned is one to which subsection (3)(a) applies, the Committee shall withdraw the request referred to in subsection (2) , but if the High Court determines that subsection (3)(a) does not apply, the Director shall attend before the Committee and give account for the matter. (8) In the performance of his or her duties under this section, the Director shall not— (a) question or express an opinion on the merits of— (i) any policy of the Government or a Minister of the Government, or (ii) the objectives of such a policy, or (b) give any information that discloses or is likely to disclose proceedings, communications or matters referred to in section 30 . 24. The Minister may, with the consent of the Minister for Public Expenditure, National Development Plan Delivery and Reform, determine the amount or amounts, for the purposes of expenditure by the Commission in the performance of its functions, which shall from time to time be advanced by the Courts Service to the Commission out of moneys provided to it by the Oireachtas. 25. (1) The Commission shall keep, in such form as may be approved by the Minister with the consent of the Minister for Public Expenditure, National Development Plan Delivery and Reform, all proper and usual accounts (in this section referred to as “annual accounts”) of all moneys received or expended by it. (2) Annual accounts shall be submitted by the Commission to the Comptroller and Auditor General for audit not later than 1 April in the year immediately following the financial year to which they relate or on such earlier date as the Minister may specify. (3) The Commission shall, immediately after the audit referred to in subsection (2) , present to the Minister a copy of— (a) the annual accounts, and (b) the report of the Comptroller and Auditor General on those accounts. (4) The Minister shall cause copies of the annual accounts and report presented to him or her under subsection (3) to be laid before each House of the Oireachtas as soon as practicable after such presentation. 26. (1) The Commission shall, not later than 6 months after the end of each year, submit to the Minister a report on the activities, including those undertaken pursuant to a diversity statement, of the Commission in the preceding year, and the Minister shall, as soon as may be after receiving the report, cause copies of the report to be laid before each House of the Oireachtas. (2) Where a new diversity statement is published in the year to which the annual report relates, the fact of its publication shall be included in the annual report. (3) Notwithstanding subsection (1) , if, but for this subsection, the first report under this section would relate to a period of less than 6 months, the report shall relate to that period and to the year immediately following that period and shall be made as soon as may be, but not later than 6 months after the end of that year. (4) An annual report submitted to the Minister under subsection (1) shall not contain any information that discloses or is likely to disclose proceedings, communications or matters referred to in section 30 . (5) The Minister may, having consulted with the Commission, direct the Commission to provide a report under this section in such form and manner as the Minister may specify. (6) The Commission shall comply with a direction given under subsection (5) . 27. The Minister may request the Commission to make a report to him or her on any matter relating to the functions of the Commission and the Commission shall comply with the request within the period of time specified in the request or within such other period of time as may be agreed by the Minister and the Commission. 28. (1) The Commission shall publish a diversity statement no later than 2 years after the coming into operation of this section and thereafter at least once in every 4 year period or such lesser period as the Commission may from time to time determine. (2) A diversity statement shall set out the manner in which the Commission undertakes to give effect to the objective, set out in section 39 (2)(b) , that membership of the judiciary in each court in the State should reflect the diversity of the population of the State as a whole, and shall include procedures in place to achieve the objective, to the extent feasible and practicable, of improving the diversity of applicants and persons recommended for appointment and for nomination for appointment or election to judicial office including the procedures in place to assist in removing barriers faced by persons within the population as a whole that are under-represented in judicial office. (3) The Commission shall consult with the President of the High Court, the President of the Circuit Court and the President of the District Court in so far as the diversity statement relates to judicial office in the court of the President concerned. 29. (1) A person shall not, unless he or she is required or permitted by law or duly authorised by the Commission to do so, disclose confidential information obtained by him or her while performing functions as— (a) a member of the Commission or a committee, or (b) the Director, a member of staff of the Office, a consultant, advisor or other person who is or was engaged under contract or other arrangement by the Commission. (2) A person who contravenes subsection (1) is guilty of an offence and is liable— (a) on summary conviction, to a class A fine or imprisonment for a term not exceeding 12 months, or both, or (b) on conviction on indictment, to a fine not exceeding €50,000 or imprisonment for a term not exceeding 5 years, or both. (3) In this section, “confidential information” includes— (a) information that is expressed by the Commission to be confidential either as regards particular information or as regards information of a particular class or description, and (b) proposals of a commercial nature or tenders submitted to the Commission by contractors, consultants or any other person. 30. (1) This section applies to a person who is or was— (a) a member of the Commission or a committee, or (b) the Director, a member of staff of the Office, a consultant, advisor or other person engaged under contract or other arrangement by the Commission. (2) In addition to what is provided for in section 29 , a person to whom this section applies shall not, unless he or she is required or permitted by law or duly authorised by the Commission to do so, disclose— (a) in relation to an applicant and any application under section 43 — (i) proceedings of the Commission or of a committee, (ii) communications between the Commission and a committee, or (iii) communications between the Commission or a committee and the Minister or the Minister for Foreign Affairs, or (b) any matter concerning the removal of a lay member of the Commission before such removal takes place under section 21 . (3) A person who contravenes subsection (2) is guilty of an offence and is liable— (a) on summary conviction, to a class A fine or imprisonment for a term not exceeding 12 months, or both, or (b) on conviction on indictment, to a fine not exceeding €50,000 or imprisonment for a term not exceeding 5 years, or both. 31. (1) Subject to subsection (2) , the Commission shall keep a record of— (a) applications made to it under section 43 , and (b) deliberations and recommendations of the Commission relating to appointments or nominations for appointment or election to judicial office. (2) Subject to such regulations (if any) which may be made under section 33 , where a record referred to in subsection (1) includes personal data or special categories of personal data, those data may be processed, in accordance with the Data Protection Regulation and the Act of 2018, by a person for the purposes of the performance of the functions of the Commission and the Minister under this Act and for the purposes of the performance of the functions of the Government under this Act and the Constitution. 32. (1) Subject to such regulations (if any) which may be made under section 33 , the rights and obligations provided for in Articles 12 to 22 (and Article 5 in so far as its provisions correspond to the rights and obligations provided for in Articles 12 to 22) and Article 34 of the Data Protection Regulation, in so far as the rights and obligations relate to the processing of personal data by a person or body specified in subsection (2) , are restricted to the extent necessary and proportionate to enable that person or body to perform his, her or its functions under Part 4 . (2) A person or body referred to in subsection (1) means— (a) the Government, (b) the Minister, (c) the Minister for Foreign Affairs, (d) the Commission, (e) a committee, (f) the Office, and (g) the Director. 33. The Commission may, with the consent of the Minister, for the purposes of this Act, prescribe by regulations the following: (a) a form of consent to the processing of personal data and special categories of personal data to be completed by a data subject who makes an application under section 43 ; (b) suitable and specific measures, including measures set out in section 36(1) of the Act of 2018, for the processing of personal data and special categories of personal data; (c) where the processing involves data relating to the health of a data subject, additional measures to be taken to safeguard the processing of the data; (d) the period of time during which the rights and obligations referred to in section 32 (1) may be restricted under that provision; (e) the period of time during which personal data or special categories of personal data may be processed. 34. (1) Without prejudice to any other exemption contained in the Freedom of Information Act 2014 , that Act shall not apply to a record (within the meaning of that Act) relating to— (a) the process of selecting and recommending persons for appointment or for nomination for appointment or election to judicial office under Part 4 , or (b) a consultation under section 56 (1) or 57 (5) , other than in so far as the record relates to the general administration of the Commission. (2) Subsection (1) applies to a record held by the Commission, the Minister, the Minister for Foreign Affairs or the Government. PART 3 Judicial Appointments Commission Office 35. (1) There shall be attached to the Commission an office to be known as the Judicial Appointments Commission Office (in this Act referred to as the “Office”) which shall assist the Commission in the performance of its functions. (2) The Office shall be under the management and control of the Commission and subject to the direction of the Director. (3) The Commission may, with the consent of the Minister given with the approval of the Minister for Public Expenditure, National Development Plan Delivery and Reform, appoint such and so many persons to be members of the staff of the Office as it may determine. (4) A member of staff of the Office shall be a civil servant in the Civil Service of the State. 36. (1) The Minister shall request the Public Appointments Service to hold a selection process for the purpose of identifying and recommending a person whom it is satisfied is suitable for appointment as director (in this Act referred to as the “Director”) of the Office— (a) as soon as practicable after the coming into operation of this section, and (b) thereafter, from time to time when the position of Director becomes vacant or the Commission anticipates it is to become vacant. F1 [ (1A) The Director shall be a civil servant in the Civil Service of the State. ] (2) The Public Appointments Service shall, when requested to do so under subsection (1) , hold a selection process and recommend to the Minister such person or persons whom it is satisfied are suitable for appointment as Director. (3) The Minister shall, from among the persons recommended by the Public Appointments Service under subsection (2) , appoint a person to be the Director. (4) The Director may be removed from office by the Minister for stated reasons. (5) The Director shall hold office for such period, not exceeding 5 years from the date of his or her appointment, as the Minister shall determine. (6) Subject to subsection (7) , a Director whose term of office expires with the passage of time shall be eligible for reappointment by the Minister. (7) A person who is reappointed by the Minister in accordance with subsection (6) shall not hold office for periods the aggregate of which exceeds 10 years. (8) F2 [ … ] (9) The Minister may, pending the appointment of a Director following the holding of a selection process under subsection (1) , appoint a person to be the Director of the Office on an interim basis (in this subsection referred to as the “interim Director”) and where the Minister does so, the interim Director shall perform all the functions assigned to the Director by or under this Act and a reference in this Act to the Director includes a reference to the interim Director. 37. (1) The Director shall— (a) manage and control generally the staff, administration and business of the Office, and (b) implement the policies and decisions of the Commission. (2) The Director shall be responsible to the Commission for the performance of his or her functions and shall provide the Commission with such information, including financial information, in respect of the performance of the Director’s functions as the Commission may require. (3) The Commission may designate a member of staff of the Office to perform the functions of Director in the absence of the Director or where the position of Director is vacant and a member so designated shall in such absence or upon such position being vacant perform those functions. 38. (1) The Director may, with the consent of the Commission in writing, delegate any of his or her functions to a specified member of staff of the Office and that member of staff shall be accountable to the Director for the performance of the functions that are so delegated. (2) The Director shall be accountable to the Commission for the performance of functions delegated by him or her in accordance with subsection (1) . (3) The Director may, with the consent of the Commission in writing, revoke a delegation made in accordance with subsection (1) . PART 4 Recommendations for Appointment and for Nomination for Appointment or Election to Judicial Office – Chapter 1 Preliminary and General 39. (1) A decision by the Commission to recommend a person for appointment or for nomination for appointment or election to judicial office shall be based on merit. (2) Subject to subsection (1) , where the function of selection and recommendation of persons for appointment to judicial office in the State falls to be performed, account shall be taken, to the extent feasible and practicable, of the objectives that the membership of the judiciary in each court should— (a) comprise equal numbers of male and female members, (b) reflect the diversity of the population of the State as a whole, and (c) include a sufficient number of judges with a proficiency in the Irish language to meet the needs, identified by the Commission following consultations under section 56 (4) , of users of each court with respect to proceedings being conducted in the Irish language. 40. (1) Subject to subsection (2) , a person is an eligible person where— (a) in the case of the judicial office of Chief Justice, the President of the Court of Appeal and the President of the High Court, he or she is qualified for appointment in accordance with section 5 or 45A of the Act of 1961 in relation to the judicial office concerned, (b) in the case of an 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, he or she is qualified for appointment in accordance with section 5(2), (4), (5), (6) or (7) or 45A of the Act of 1961, (c) in the case of an appointment to the office of judge of the Circuit Court, he or she is qualified for appointment in accordance with section 17(2), (2A), (2B), (2C) or (3) or 45A of the Act of 1961, (d) in the case of an appointment to the office of specialist judge of the Circuit Court, he or she is qualified for appointment in accordance with section 17(4) of the Act of 1961, (e) in the case of an appointment to the office of judge of the District Court, he or she is qualified for appointment in accordance with section 29(2) or (3), 35(1) or 45A of the Act of 1961, (f) in the case of a nomination for appointment to be a judge of the Court of Justice, an Advocate General of the Court of Justice or a judge of the General Court, he or she is qualified for appointment in accordance with the requirements of the TFEU, (g) in the case of nomination for election by the Parliamentary Assembly to be a judge of the European Court of Human Rights, he or she satisfies the criteria for office under Article 21 of the European Convention on Human Rights, and (h) in the case of nomination for election to be a judge of the International Criminal Court, he or she is qualified having regard to the eligibility requirements of that Court set out in Article 36 of the Rome Statute. (2) For the purposes of the Commission satisfying itself, in accordance with section 46 (1)(a)(i), that a person is an eligible person— (a) a reference in section 5(2)(a) of the Act of 1961 to immediately before such appointment shall be construed as a reference to immediately before the relevant date, (b) a reference in section 5(2)(b) of the Act of 1961 to immediately before the appointment shall be construed as a reference to immediately before the relevant date, and (c) a reference in section 45A(1) and (3) of the Act of 1961 to immediately before such appointment shall be construed as a reference to immediately before the relevant date. (3) In this section— “Parliamentary Assembly” means the Consultative Assembly established by Article 10 (ii) of the Statute of the Council of Europe done at London on 5 May 1949; “relevant date” means the latest date on which an application under section 43 may, in respect of a particular vacancy in a judicial office, be made. 41. (1) An applicant shall not, in relation to the process of selection and recommendation (including any step that may be taken in consequence of such a recommendation) of persons for appointment or for nomination for appointment or election to the judicial office to which his or her application relates— (a) canvass, or attempt to canvass, support for his or her application from any person involved in that process, (b) attempt to improperly influence a decision of any person in that process, (c) otherwise interfere with or compromise that process in any way, or (d) procure or counsel another person, on his or her behalf, to engage in the conduct referred to in paragraph (a) , (b) or (c) . (2) A person who contravenes subsection (1) shall be disqualified and excluded from the process and shall not be recommended for appointment or nominated for appointment or election, as the case may be, or appointed, to the judicial office concerned. (3) A person who contravenes subsection (1) is guilty of an offence and is liable, on summary conviction, to a class A fine. (4) In this section, a reference to improperly influencing a decision of any person in the process shall be construed as a reference to influencing such a decision other than by means of the taking of any legitimate steps in the process, the effect of which may be to influence another. PART 4 Recommendations for Appointment and for Nomination for Appointment or Election to Judicial Office – Chapter 2 Applications for recommendation for appointment and for nomination for appointment or election to judicial office and making of recommendations 42. (1) The Minister may request the Commission to make recommendations for appointment or for nomination for appointment to judicial office, as the case may be, where— (a) a judicial office stands vacant, or (b) he or she reasonably anticipates that there will be a vacancy in a judicial office. (2) The Minister for Foreign Affairs may request the Commission to make recommendations for nomination for election to the judicial office of a judge of the European Court of Human Rights or a judge of the International Criminal Court, as the case may be, where— (a) a judicial office of a judge of either of those Courts stands vacant, or (b) he or she reasonably anticipates that there will be a vacancy in a judicial office of either of those Courts. (3) The Commission shall issue an invitation, through means of advertisement, for the making of applications by persons who wish to be considered for selection and recommendation for appointment or for nomination for appointment or election, as the case may be, to judicial office— (a) upon receipt of a request under subsection (1) or subsection (2) , or (b) where the Commission anticipates there will be a vacancy in a judicial office. (4) The Commission shall, in such form and manner as it considers appropriate, provide information to potential applicants, relevant to the judicial vacancy which is the subject of the invitation under subsection (3) — (a) relating to the judicial selection statement, or (b) where subsection (2)(a)(ii) or (2)(b)(ii) of section 60 applies, relating to the procedures or requisite knowledge, skills and attributes, as the case may be, which are to apply in accordance with those provisions. 43. (1) Where an invitation is issued under section 42 in relation to a judicial office, a person, including a person who holds judicial office or a relevant office holder, who wishes to be considered for selection and recommendation for appointment or nomination for appointment or election, as the case may be, to that office shall make an application to the Commission in such form, and accompanied by such supporting documentation, as is specified— (a) in the statement of selection procedures, or (b) where section 60 (2)(a)(ii) applies, in the procedures determined by the Commission in accordance with that provision. (2) An application for recommendation for appointment or for nomination for appointment or election to judicial office shall not be made to the Commission otherwise than pursuant to an invitation issued under section 42 . (3) In this section, “relevant office holder” means a judge or other office holder referred to in any of clauses (I) to (VII) of section 5(2)(b)(i) of the Act of 1961. 44. (1) Where a person makes an application under section 43 , he or she shall— (a) at the same time— (i) confirm in writing that he or she consents to the Commission seeking information from a relevant person in accordance with this section, and (ii) if a form of consent to the processing of personal data and special categories of personal data has been prescribed in accordance with section 33 , furnish a signed form of such consent or, if no form stands prescribed at the time of making such application, confirm in writing that he or she consents to such processing, and (b) when requested to do so by the Commission, provide it with a declaration of consent (within the meaning of the National Vetting Bureau (Children and Vulnerable Persons) Act 2012 ) and any other information which is required by the Commission to enable it to obtain a vetting disclosure in respect of the person. (2) A person who refuses to comply with subsection (1) shall not be considered for recommendation for appointment or nomination for appointment or election, as the case may be, to the judicial office to which his or her application relates. (3) The Commission may, having furnished a copy of the consents referred to in subsection (1)(a) to a relevant person, seek information from that person to verify— (a) that an applicant is an eligible person, (b) information contained in an application form submitted by the applicant, and (c) supporting documentation provided in accordance with the requirements specified in a statement of selection procedures under section 59 (2)(b) . (4) A relevant person shall, when requested to do so by the Commission under subsection (3) and having received a copy of the consents referred to in that subsection, provide the information requested to the extent that the information is in his or her possession or power to procure. (5) In this section, “relevant person” means— (a) a body which has or had a regulatory role in respect of an applicant, including the Judicial Council, the Legal Services Regulatory Authority, the Law Society of Ireland, the General Council of the Bar of Ireland and the Honorable Society of King’s Inns, (b) an employer or former employer of the applicant, and (c) a person who engages or engaged the applicant in a contract for the provision of services. 45. (1) Where the person making an application under section 43 is— (a) the Chief Justice, (b) the President of the Court of Appeal, (c) a member of the Commission referred to in section 9 (1)(c) , or (d) the Attorney General, he or she shall take no part in the performance by the Commission of the function of selection and recommendation of a person for appointment or for nomination for appointment or election, as the case may be, to the judicial office to which the application relates and, accordingly, shall not attend any meeting of the Commission held for the purpose of the performance of that function and, where the applicant is a member referred to in paragraph (a) , (b) or (c) , shall not cast a vote in relation to any decision falling to be made by it for that purpose. (2) Where subsection (1) applies and the applicant is the Chief Justice or the President of the Court of Appeal, he or she shall be replaced as a member of the Commission by the person specified in subsection (3) — (a) for the purpose of performing the function referred to in subsection (1) , and (b) which person may attend any meeting of the Commission held for the purpose of the performance of that function and cast a vote in relation to any decision to be made by it for that purpose. (3) The person referred to in subsection (2) is the next most senior judge who— (a) ranks first in precedence, after the President of the Court of Appeal, in accordance with paragraphs (c) to (k) of section 9 of the Courts of Justice Act 1924 , (b) is not an applicant for the judicial office concerned, and (c) is available to serve as a member of the Commission for the performance of that function. (4) Where subsection (1) applies and the person making the application is a member of the Commission referred to in section 9 (1)(c) , the Board of the Judicial Council (established under section 10 of the Judicial Council Act 2019 ) shall, subject to subsection (5) , nominate one of its members to be a member of the Commission— (a) for the purpose of performing the function referred to in subsection (1) , and (b) which member may attend any meeting of the Commission held for the purpose of the performance of that function and cast any vote in relation to any decision to be made by it for that purpose. (5) A member of the Board of the Judicial Council shall, where he or she is making an application in respect of the same vacancy in a judicial office— (a) take no part in the performance by the Board of the function of nomination referred to in subsection (4) , and (b) shall not be nominated by the Board under that subsection to be a member of the Commission. (6) The Minister shall appoint a person nominated under subsection (4) to be a member of the Commission for the purpose of performing the function referred to in subsection (1) . 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