President refers proposed laws on appointing judges to Supreme Court

By David Young, PA

The President has referred legislation concerning the appointment of judges to the Supreme Court, amid concerns over whether it is in line with the Constitution.

Michael D Higgins has asked the court to determine whether the Judicial Appointments Commission Bill 2022 is consistent with the provisions of the Constitution.

The move, which has only been sanctioned 15 times previously by presidents, comes amid concerns the proposed law could limit the choices available to the Government when appointing new judges.

Contention focuses on the process by which the new Judicial Appointments Commission would propose potential judges for consideration by the Government.

Following consultation with the Council of State, and having given further consideration to the advice offered to him, President Higgins has decided, under Article 26 of the Constitution, to refer the Judicial Appointments Commission Bill 2022 to the Supreme Court pic.twitter.com/rI7MQuAiOc

— President of Ireland (@PresidentIRL) October 13, 2023

The commission would present three potential candidates and the Government could only select from that pool.

The Supreme Court will consider whether that constrains the discretion of elected ministers to select judges.

Mr Higgins convened the Council of State on Wednesday to discuss the issue.

The membership of the council includes the Taoiseach, Tánaiste, Chief Justice, President of the Court of Appeal, President of the High Court, Ceann Comhairle of the Dáil, Cathaoirleach of the Seanad and the Attorney General.

Former presidents, taoisigh and chief justices are also members, along with a number of nominated persons.

Mr Higgins had only convened the council twice before to consider a piece of legislation during his time as president.

A statement from Áras an Uachtaráin on Friday said: “Following consultation with the Council of State, which was convened on Wednesday 11 October 2023, and having given further consideration to the advice offered to him, President Michael D. Higgins has today decided, under Article 26 of the Constitution, to refer the Judicial Appointments Commission Bill 2022 to the Supreme Court for a decision on the question as to whether the Bill is repugnant to the constitution or to any provision thereof.

“The President has indicated the desirability of special attention being given to Sections 9, 10, 39, 40(2), 42, 43, 45, 46, 47, 51, 57 and 58 of the Bill.”