Supreme Court vacancies
Deputy Howlin warned that impending retirements would reduce Supreme Court capacity. The Taoiseach said vacancies are filled through the normal judicial appointment process and pointed to the Court of Appeal easing workload.
The journalist Gavan Reilly pointed out in an analysis piece published yesterday that although there are currently nine sitting justices of the Supreme Court, Ms Justice Mary Laffoy and the Chief Justice, Ms Susan Denham, are both due to retire this year. Meanwhile, Mr. Justice Peter Charleton will obviously be completely occupied by the disclosures tribunals for the foreseeable future. This will reduce, by August, the number of sitting Supreme Court judges available to six. Obviously, it is not acceptable for the capacity of the Supreme Court to be cut by a third. I ask the Taoiseach when the appointments will be made, when the legislation, more importantly, will be agreed by these Houses and when the Government position will be clear on judicial appointments so that we can fill not only these vacancies that will arise in the coming months, but also the other vacancies that arise in other courts which now need to be filled as a matter of urgency.
Comment on this
Deputy Howlin raises a valid question. As he is aware, vacancies are recommended for filling by a process to the Minister for Justice and Equality. One vacancy arising from the death of an esteemed Supreme Court judge was not filled, and was not recommended to be filled, because the Court of Appeal was taking quite a number of cases that would normally go to the Supreme Court. That was the purpose of the setting up of the Court of Appeal. As per the normal course of events, a number of members of the Judiciary have been appointed recently on foot of the recommendations that have come in reduced numbers from the Judicial Appointments Advisory Board. I expect that the legislation dealing with judicial appointments will come before Cabinet next Tuesday.