Judicial Appointments Commission Act 2023

Judicial Appointments Commission Act 2023 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.ie) Translations (Houses of the Oireachtas) Government Publications for Sale EU Law (EUR-Lex) FAQ Disclaimer Feedback Helpdesk Search Baile Reachtaíocht Achtanna an Oireachtais Ionstraimí Reachtúla Reachtaíocht Réamh-1922 Bunreacht Acmhainní Seachtracha Billí (Tithe an Oireachtais) Iris Oifigiúil Achtanna Athbhreithnithe (CAD) (An Coimisiún um Athchóiriú an Dlí) Liosta Rangaithe Reachtaíochta Aistriúcháin (achtanna.ie) Aistriúcháin (Tithe an Oireachtais) Foilseacháin Rialtais ar Díol Dlí AE (EUR-Lex) CCanna (Ceisteanna Coitianta) Séanadh Aiseolas Deasc chabhrach Cuardach TitleTeideal Year(s) or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 2023 Judicial Appointments Commission Act 2023 Judicial Appointments Commission Act 2023 Permanent Page URL View by SectionAmharc de réir Ailt View Full ActAmharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Open PDFOscail PDF Print Full ActPriontáil an tAcht Iomlán Number 33 of 2023 JUDICIAL APPOINTMENTS COMMISSION ACT 2023 CONTENTS PART 1 Preliminary and General Section 1. Short title, collective citation and commencement 2. Interpretation 3. References to recommendation for appointment and recommendation for nomination for appointment or election 4. Expenses 5. Service of documents 6. Repeals PART 2 Judicial Appointments Commission 7. Establishment day 8. Establishment of Judicial Appointments Commission 9. Membership of Commission 10. Functions of Commission 11. Power to appoint consultants and advisers and enter into contracts 12. Nomination of members of Judicial Council and appointment as members of Commission 13. Recommendation for appointment and appointment of lay members 14. Terms and conditions of membership of Commission 15. Procedures of Commission 16. Committees of Commission 17. Remote meetings of Commission and committees 18. Member of Commission ceasing to hold judicial office or resigning as member of Commission 19. Lay member ceasing to be member of Commission 20. Ineligibility to become lay member and disqualification to act as lay member 21. Removal of lay member of Commission 22. Accountability of Director to Public Accounts Committee 23. Accountability of Director to other Oireachtas Committees 24. Advances to Commission 25. Accounts 26. Annual report 27. Request from Minister to Commission for report 28. Publication of diversity statement by Commission 29. Confidential information 30. Confidentiality of certain proceedings, communications and matters 31. Records of Commission 32. Restriction of rights and obligations under Data Protection Regulation 33. Regulations for purposes of data protection 34. Restriction of Freedom of Information Act 2014 PART 3 Judicial Appointments Commission Office 35. Judicial Appointments Commission Office 36. Director of Judicial Appointments Commission Office 37. Functions of Director 38. Delegation of functions of Director PART 4 Recommendations for Appointment and for Nomination for Appointment or Election to Judicial Office Chapter 1 Preliminary and General 39. Recommendations to be based on merit 40. Eligible person: qualification for appointment and for nomination for appointment or election to judicial office 41. Prohibition on canvassing Chapter 2 Applications for recommendation for appointment and for nomination for appointment or election to judicial office and making of recommendations 42. Invitation to apply for vacancy in judicial office 43. Applications for appointment or for nomination for appointment or election to judicial office 44. Information to accompany application under section 43 45. Application under section 43 by member of Commission 46. Consideration of applications and conditions for making of recommendation 47. Recommendation of persons to Minister for appointment to judicial office in the State 48. Recommendation of persons to Minister or to Minister for Foreign Affairs for nomination for appointment or election to judicial office outside the State 49. Notification to applicants of outcome of application 50. Statement and information to accompany recommendation under section 47 or 48 51. Appointments to judicial office in the State: recommended persons only to be considered 52. Nominations for appointment or election to judicial office outside the State: recommended persons only to be considered 53. Vacation of certain judicial offices before appointment to judicial office in the State 54. Publication of notice of appointment to judicial office 55. Statement to Houses of the Oireachtas PART 5 Judicial Selection Statement: Statement of Requisite Knowledge, Skills and Attributes and Statement of Selection Procedures 56. Consultation and submissions or observations at request of Commission 57. Judicial selection statement 58. Statement of requisite knowledge, skills and attributes 59. Statement of selection procedures 60. Transitional arrangement: no judicial selection statement 61. Review by Commission and recommendations PART 6 Amendment of Act of 1961 and Other Enactments 62. Amendment of Courts of Justice Act 1936 63. Amendment of Act of 1961 64. Amendment of Courts Act 1973 65. Amendment of Courts Act 1977 66. Amendment of section 22 of Act of 2001 67. Amendment of section 36 of Judicial Council Act 2019 PART 7 Dissolution of Judicial Appointments Advisory Board and Related Provision 68. Dissolution of Judicial Appointments Advisory Board 69. Status of certain recommendations made by Judicial Appointments Advisory Board SCHEDULE The Commission Acts Referred to Companies Act 2014 (No. 38) Comptroller and Auditor General (Amendment) Act 1993 (No. 8) Courts (Supplemental Provisions) Act 1961 (No. 39) Courts (Supplemental Provisions) Acts 1961 to 2021 Courts Act 1973 (No. 26) Courts Act 1977 (No. 11) Courts and Court Officers Act 1995 (No. 31) Courts of Justice Act 1924 (No. 10) Courts of Justice Act 1936 (No. 48) Courts of Justice Acts 1924 to 2019 Data Protection Act 2018 (No. 7) European Parliament Elections Act 1997 (No. 2) Freedom of Information Act 2014 (No. 30) International War Crimes Tribunals Act 1998 (No. 40) Judicial Council Act 2019 (No. 33) Legal Services Regulation Act 2015 (No. 65) Local Government Act 2001 (No. 37) Local Government Reform Act 2014 (No. 1) National Vetting Bureau (Children and Vulnerable Persons) Act 2012 (No. 47) Standards in Public Office Act 2001 (No. 31) Technological Universities Act 2018 (No. 3) Universities Act 1997 (No. 24) Number 33 of 2023 JUDICIAL APPOINTMENTS COMMISSION ACT 2023 An Act to establish a body to be known as An Coimisiún um Cheapacháin Bhreithiúnacha or, in the English language, the Judicial Appointments Commission; to provide for the making of applications to that Commission for recommendation for appointment, or nomination for appointment or election, to judicial office in the State or outside the State; to amend and extend the qualification and eligibility requirements for appointment to judicial office; to provide for the publication, by the Commission, of a statement of selection procedures to be applied in considering applications and a statement of requisite knowledge, skills and attributes required by applicants seeking such recommendation; to provide for the making, by the Commission, of recommendations for such appointment or nomination to be based on merit; to provide for the aforementioned matters having regard to the recommendation of the Council of Europe’s Group of States against Corruption (GRECO) that the system of selection, recommendation and promotion of judges target the appointments to the most qualified and suitable candidates in a transparent way, and having regard to Recommendation CM/Rec(2010)12 of the Committee of Ministers to Member States on judges: independence, efficiency and responsibilities adopted by the Committee of Ministers on 17 November 2010, under the terms of Article 15.b of the Statute of the Council of Europe; to provide for the establishment of a Judicial Appointments Commission Office; to dissolve the Judicial Appointments Advisory Board; to provide for expressions of interest in assignment to a particular district court district or circuit to be made by eligible judges to the President of the court concerned; to provide for the funding of the Commission and the Judicial Council by the Courts Service; and for those and other purposes to amend or repeal certain provisions of the Courts of Justice Act 1936 , the Courts (Supplemental Provisions) Act 1961 , the Courts Act 1973 , the Courts Act 1977 , the Courts and Court Officers Act 1995 , the Standards in Public Office Act 2001 and the Judicial Council Act 2019 ; and to provide for related matters. [8th December, 2023] Be it enacted by the Oireachtas as follows: PART 1 Preliminary and General Short title, collective citation and commencement 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 . Interpretation 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 20161 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). References to recommendation for appointment and recommendation for nomination for appointment or election 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. Expenses 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. Service of documents 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. Repeals 6. Part IV, other than section 19A, of the Act of 1995 is repealed. PART 2 Judicial Appointments Commission Establishment day 7. The Minister shall, by order, appoint a day to be the establishment day for the purposes of this Act. Establishment of Judicial Appointments Commission 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. Membership of 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. Functions of 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. Power to appoint consultants and advisers and enter into contracts 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. Nomination of members of Judicial Council and appointment as members of Commission 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. Recommendation for appointment and appointment of lay members 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). Terms and conditions of membership of Commission 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. Procedures of Commission 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. Committees of Commission 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. Remote meetings of Commission and committees 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. Member of Commission ceasing to hold judicial office or resigning as member of Commission 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 subsections (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. Lay member ceasing to be member of Commission 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. Ineligibility to become lay member and disqualification to act as lay member 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. Removal of lay member of Commission 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. Accountability of Director to Public Accounts Committee 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 . Accountability of Director to other Oireachtas Committees 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 . Advances to Commission 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. Accounts 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. Annual report 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). Request from Minister to Commission for report 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. Publication of diversity statement by 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. Confidential information 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. Confidentiality of certain proceedings, communications and matters 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. Records of Commission 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. Restriction of rights and obligations under Data Protection Regulation 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. Regulations for purposes of data protection 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. Restriction of Freedom of Information Act 2014 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 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. Director of Judicial Appointments Commission Office 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. (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) The Director shall hold office under written contract upon and subject to such terms and conditions (including terms and conditions relating to remuneration, allowances and superannuation) as may be determined by the Commission with the consent of the Minister for Public Expenditure, National Development Plan Delivery and Reform. (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. Functions of 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. Delegation of functions of Director 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 Recommendations to be based on merit 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. Eligible person: qualification for appointment and for nomination for appointment or election to judicial office 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 qual …