First, I did not discuss this with the now Supreme Court judge, Mr. Justice Woulfe. I did not discuss this with my former colleague, Deputy Flanagan. I have said that I did have an informal conversation with my colleague and Tánaiste who informed me that Séamus Woulfe had come through the process and that in his view he would make a good judge. He did not tell me that this was to be the case. He did not inform me of any other conversations that he had with other party leaders, but I think the three of them have ver…

The Ceann Comhairle has outlined that I cannot get into criteria and I will not get into criteria. This is my job. There are still names of persons who applied for that position sitting on file in my Department. There is still a vacancy and if that vacancy is to be filled, they will be again looked at. It is not for me to get into criteria. There is no specific criteria for me. I do not have a list or boxes that I tick. It is not given to me. I have to use my judgment and I do apply my own set of criteria. I am not…

What I have said is that for me to make that decision and to engage with my colleagues, there is no criteria. However, through the JAAB there are very clear criteria. Where it makes a recommendation, it has to show that the individual has displayed in his or her practice as a barrister or solicitor a degree of competence and a degree of probity appropriate to, and consistent with, the appointment concerned. It talks about suitable grounds of character, temperament, complying with requirements and being suitable. It…

All I can say to that is the system is what the system is. I said in my statement that it is not perfect and that we all agree that it needs to be reformed but I cannot change the fact that this is the current process. We receive recommendations from the JAAB, expressions of interest from the sitting Judiciary and then there is a list of those who are eligible. It is then incumbent on the Minister for Justice to look at all those names and to engage with colleagues. In this instance, when I made the recommendation …

It is not deemed appropriate in this instance. The names of members of the Judiciary are still sitting on a list in my office and if I am ever asked to fill this next vacant position, they will be put forward for that as well.

I have already said that I did not. I made one recommendation to the Taoiseach, as is my job to do as Minister for Justice.

At that stage, I had not received the other list. Of course, I took that on board but having then looked at the other names, I made a recommendation based on who I felt was the best person for the job.

The Tánaiste has already said that he was not but I cannot answer for him other than what he has said.

I want to clarify this issue because a number of Members have mentioned it. I have never referred to how many names there were. There were five expressions of interest. It it not good practice to start talking about how many names there were but in the interests of clarity I wish to be very clear. There were five expressions of interest, plus the recommendation through the JAAB. I have said very clearly that I spoke to the Taoiseach, the Tánaiste, the Minister, Deputy Eamon Ryan, and the Attorney General after I ha…

I have already said that but I have also said, not just in this House but elsewhere, that I have never put forward a name to Cabinet without the full agreement of the Taoiseach, the Tánaiste, the Minister, Deputy Eamon Ryan and the Attorney General, and this instance is no different. There were no questions and no concerns were raised. In other instances where I have proposed names, there have been greater conversations and some back and forth. That did not happen in this instance. I made a recommendation, it was a…

It has been made clear that I did not. It is also clear that it has been a long-standing practice for there to be other names and that other judges put their names forward through expressions of interest. Having heard from former Ministers for Justice, it is also clear that it is not always the practice for the Minister to inform the Taoiseach or the Tánaiste of other names. The Minister makes a recommendation and that is what I did in this instance. There have been other instances because six appointments have bee…

The memorandum that goes to Cabinet does not include any names. It just states that a name is coming to Cabinet. The Deputy will be aware that I cannot talk about anything that is discussed with Cabinet colleagues inside Cabinet.

The Ceann Comhairle has been very clear that it is not appropriate for me to discuss criteria here. I have already explained that there is no list or boxes that I am given to tick. The Deputy is suggesting that this was a huge decision to make. Upon being appointed Minister for Justice, one immediately has a number of huge decisions to make. I take my role and my job as Minister for Justice very seriously and I very seriously considered every single name that was put before me before making a recommendation, which …

I have just outlined that there were five expressions of interest. One name came through JAAB and there was a lengthy list of suitable judges but those people had not expressed an interest in this role.

I looked at all the names that were put before me. One was from the JAAB and there were five expressions of interest. I am saying that in the interests of clarity. It is not practice to give the number of expressions of interest. There was also a long list of eligible sitting judges from all the courts, who have not expressed an interest. That list changes and I do not have the exact number on it. However, there is a statutory and legal obligation to look at the Judicial Appointments Advisory Board list first, foll…

When I came into the Department on 28 June, I received my briefings, which stated that there was a vacancy and that the Chief Justice had asked for it to be filled immediately. I said in my statement that because lists had been reduced in the Supreme Court, there was a tradition that not all of those positions would be filled. When this one needed to be filled, which was before I came into the Department, the Chief Justice wrote to the then Minister, Deputy Flanagan, to say he wanted it to be filled. It has been ma…

I was asked to fill one position. I have filled that position. There is currently a vacancy and if the Chief Justice asks me to fill that vacancy I certainly will. Regarding any other vacancies that have arisen since then in the District Court, High Court, Court of Appeal and the Circuit Court, when I have been asked by the Presidents of those courts, I have filled them. If I am asked to fill this vacancy, I will. What I do not believe is that we should choose judges based on their ideology or decisions they have t…

It is a legal requirement that in filling the position of a judge, that one does look at the JAAB list first. The opposite is the case when looking to fill the president of a court or the post of Chief Justice. One has a legal obligation to look at the sitting judge list or the expressions of interest list first. That is what is in the legislation and that is what I adhered to in this instance.

On 16 June last year, a vacancy arose; on 4 February, the Chief Justice wrote to the Minister; on 17 February, there was a letter to the JAAB to try to fill that; on 18 February, the Minister responded to the Chief Justice's letter of 4 February indicating the issue to the JAAB to request a list; and on 25 February, the Chief Justice replied to the letter of 18 February indicating the JAAB meeting is scheduled for 9 March. The JAAB met on 9 March and, on 11 March, the list was received. In between that time, there …

Again, I have outlined that a decision was taken by the interim Government not to appoint anybody except to the presidency of the High Court because of the obligations on the presidency and the requirement for that. The decision was taken not to appoint anybody else. However, I was made aware on my first day that there was a vacancy, and that it was urgent. Even with that, I made sure that I took the time to give everybody due consideration before I made a recommendation. That recommendation was made within two or …