Solicitors push for lay influence in appointing judges

The proposed shake-up of the system for appointing judges has split the two arms of the legal profession, with solicitors rowing in behind a controversial proposal by Minister for Transport Shane Ross to reduce the influence of lawyers in the process.

The Bar Council, which represents barristers, is in favour of a judicial appointments system that would have a majority of lawyers or judges on the proposed new appointments commission, to be chaired by the Chief Justice.

A Bill from Fianna Fáil’s justice spokesman, Jim O’Callaghan, envisages such a scheme.

One of the long-standing concerns of the society has been the low number of solicitors appointed to senior judicial posts

Lay majority model

However the Law Society, which represents solicitors, made a detailed submission on the proposed new system to the Department of Justice and Equality last week. Among other matters, it supports the lay majority model proposed by the department. This model would also see the commission being chaired by a lay member.

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One of the long-standing concerns of the society has been the low number of solicitors appointed to senior judicial posts. It is understood the society feels the system proposed by the department would help to address this.

The society’s submission is to be published this week and is expected to put it at odds with both the Bar Council and the judiciary.

Tánaiste and Minister for Justice and Equality Frances Fitzgerald has published the scheme of a Judicial Appointments Commission Bill that would establish a commission with a lay majority.

However, there is continued lobbying about the details of the Bill, which has yet to be published despite the Government saying last year it would be published by January.

Minister for Transport and Sport Shane Ross made reform of the judicial appointments system a key matter for the programme for government, and is strongly in favour of a lay majority system.