This is only the third time President Michael D Higgins has convened the Council of State to consider a piece of legislation during his term in office. Photograph: Brian Lawless/PA Wirehas convened a meeting of the Council of State this week to consider whether a controversial new Bill reforming the system of judicial appointments should be referred to the Supreme Court to decide its constitutionality.
Since 1940, the Council of State has been convened to consider the potential referral of 28 previous Bills to the Supreme Court. Of those, 15 were ultimately referred to the Supreme Court.Can this Budget solve Ireland's housing crisis?The members of the Council of State include the Taoiseach, Tánaiste, Chief Justice, the presidents of the Court of Appeal and the High Court, the Ceann Comhairle, the Cathaoirleach of the Seanad and the Attorney General.
The commission, to be chaired by the Chief Justice and with the Attorney General as a non-voting member, will also recommend people for nomination by the Government as judges to international courts. Section 51.1 states “only” those people recommended by the commission may be nominated by Government for judicial appointment by the President.
In his letter, the TD described the Bill as a “very worthwhile” piece of legislation that modernises the judicial appointments process but said he was concerned there is “a problem” with section 51.1. Article 36 of the Constitution allows for certain matters relating to judicial office to be regulated by law, such as terms of office and appointment but it does not, he said, provide for such a “broad interference” in the right of Government to appoint.