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GAZETTE
JANUARY/FEBRUARY 1996
Jennifer Guinness,
the chairwoman of
the Labour Court, Ms.
Evelyn Owens,
and the chairman of Equity Bank Ltd.
and Trading House Investment
Company Ltd., Mr.
John
McGilligan.
Thomas Shaw - Law Society President's
nominee to Judicial Appointments
Advisory Board
The Act provides that a person who
wishes to be considered for
appointment to judicial office shall
inform the Board in writing and
provide the Board with such
information as it may require to
enable the Board to consider the
suitability of that person for judicial
office including information relating
to education and professional
qualifications, experience and
character. The Board shall recommend
to the Minister for Justice for
appointment to the relevant judicial
office such of those persons as the
Board considers suitable for
appointment. In advising the President
in relation to the appointment of a
person to a judicial office, the
Government shall firstly consider for
appointment those persons whose
names have been recommended by the
Minister for Justice pursuant to the
Act. The Board must take the
following into consideration:
• the degree of competence and
probity of the barrister or solicitor
appropriate to and consistent with
the appointment concerned;
and
• general suitability including the
issues relating to character and
temperament.
A person must undertake to take such
course of training or education or both
as may be required by the Chief
Justice or President of the Court to
which that person is appointed.
The Supreme Court
Part II of the Act deals with the
Supreme Court and provides for the
transfer on foot of a Government
order of the powers, jurisdiction and
functions of the Court of Criminal
Appeal to the Supreme Court. When
that order is made, the Court of
Criminal Appeal shall cease to exist
and all appeals pending before that
Court shall be heard by the Supreme
Court. Similar provisions are made in
relation to the Courts - Marital
Appeal Court. The Act provides
that the Supreme Court may sit
in two or more divisions at the
same time.
Number of Judges
The 1995 Act provides for the
increase in the statutory limit on the
number of ordinary judges of the
Supreme Court from four to seven, or
eight, where a Supreme Court judge is
a member of the Law Reform
Commission.
The maximum number of ordinary
judges of the High Court is to be
increased from 16 to 18, or 19,
where a High Court judge is a
member of the Law Reform
Commission. The maximum number
of ordinary judges of the Circuit
Court is to be increased from 17 to 24
and in the District Court from 45 to 50
in addition to the President of the
District Court.
High Court and Taxing Master
The Act amends and extends the
powers of the Master of the High
Court and Taxing Masters. The Act
amends and extends the powers of the
Master of the High Court by enabling
the Master to exercise limited
functions and powers of a judicial
nature. The powers of the Taxing
Master of the High Court are being
strengthened to ensure the
effectiveness of their role in relation
to the adjudication of legal costs.
Rules Committee
The Act also confers further powers
on the Superior Courts Rules
Committee and the Circuit Court
Rules Committee which will enable
these committees to make rules in
relation to pre-trial disclosure of
certain matters with the object of
shortening trials and reducing the
costs associated with personal
injuries actions.
Appointment of Solicitor Judges
Under the Act, solicitors became
eligible for the first time for
appointment as Circuit Court
judges. Section 28 provides that a
Judge with four years service in the
Circuit Court bench shall be eligible
for appointment as a judge of the
High or Supreme Court. This is a
significant provision which will
qualify a solicitor who has been
appointed a Circuit Court judge
for appointment to the High and
Supreme Court after four years
service as a judge of the
Circuit Court.
New powers have been
conferred on County
Registrars. County Registrars
are now empowered to
deal with motions such as
remitting actions to the
High Court, motions for
discovery and motions to join a
third party.
County Registrars
New powers have been conferred on
County Registrars as set out in the
second schedule to the Act. These
additional powers correspond to those
that are currently exercised by the
Master of the High Court in respect of
the High Court. The effect of the
new provisions is that County
Registrars are empowered to deal
with many motions that judges of the
Circuit Court were required to hear