‘A valuable opportunity’: UL researchers make recommendations for reform of judicial selection

University of Limerick academics have presented key recommendations for the long-awaited reform of how judges are chosen for appointment in Ireland.

Professor Laura Cahillane and Dr Carol Lynch, UL School of Law, conducted the research underpinning a new report examining, and making recommendations for the reform of procedures around the selection and appointment of judges. 

Promoting transparency and fairness and developing a diversity strategy are among the recommendations presented in the ‘Judicial Selection Procedures in Ireland’ report, supported by both the Irish Council for Civil Liberties [ICCL] and the Irish Research Council [IRC]. 

The report includes a call to widen the definition of “merit” when selecting a candidate, which is traditionally defined based on factors such as success as a practitioner rather than by looking at potential judicial characteristics, such as temperament, suitability for the role, and an awareness of the diversity of the communities which the courts serve. The report suggests that a modern, broader definition of “merit” would help to promote fairness in the selection process and diversity amongst judicial candidates.

The research report is particularly timely as the passing of the Judicial Appointments Act last year resulted in the establishment of the Judicial Appointments Commission, which is due to come into being in January 2025 and will change how judges in Ireland are chosen for appointment.

“Our research was conducted in close consultation with leading international experts on judicial appointment procedures, and we urge the Judicial Appointments Commission to consider our recommendations,” explained Professor Cahillane.

“This report presents a valuable opportunity for the Commission to learn from the experiences of neighbouring jurisdictions and draw on insights from international best practices to guide long-awaited reforms of the judicial appointments process.”   

As part of their research, Professor Cahillane and Dr Lynch examined approaches – in Ireland and abroad – to assessing the knowledge, skills and competencies of candidates for judicial office.

Promoting transparency and fairness in the selection process are key considerations in the report, with further recommendations to adopt Northern Ireland’s approach of creating a judicial profile and specifications for individual vacancies, as well as the approach of forbidding members of the selection committees from sharing personal information about the candidates.

According to the research, avoiding any requirement for judicial references would expand the pool of possible qualified candidates and facilitate applications from individuals who are not already active within the courts or tribunals.

The research also emphasises the importance of developing an effective diversity strategy for judicial appointments. 

Describing the selection and appointment of judges as “fundamental to the administration of justice” the ICCL stated it “believes that these recommendations, if adopted, would enhance public confidence in the judicial system by making the process more transparent, fair and merit-based.”

More information can be found in the full report.