Ann Phelan (Carlow-Kilkenny, Labour) | Oireachtas source

I thank the Deputies for their contributions. It is clear that the House recognises the importance of ensuring that the High Court and all other courts have the resources necessary to ensure the efficient processing of proceedings and actions. This is vital to the proper functioning of our justice system.

Deputies Niall Collins and Ross raised the issue of the reform of the judicial appointments process. The Government is currently conducting a wide ranging review of all matters concerned with judicial appointments. This full assessment of these matters is essential. Careful and comprehensive research and consultation is required to develop and reform this very important area of the administration of justice. This is particularly so given the complexity and extent of existing legislative provisions and the very wide range of issues for consideration across many aspects of the appointments process, including appropriate qualifications, eligibility criteria and diversity. A consultation process relating to the system of judicial appointments was conducted in early 2014 with the intention of instituting reforms to enhance the current system. The need to ensure and protect the principle of judicial independence was a significant factor in initiating the consultation process. Furthermore, while the Judicial Appointments Advisory Board process was a model of best practice in its day, almost 20 years from its establishment it was considered worthwhile to review the operation of the entire judicial appointments system to ensure it reflects current best practice.

Therefore, the proposal reflects openness, transparency and accountability and promotes diversity.

There was a significant response to the call for submissions, with substantive and wide-ranging views received on the legislative framework that provides for eligibility for judicial appointment and the process of appointment, including a comprehensive submission from the Judiciary. Arising from the consultation process, draft legislative provisions to reform and update judicial appointment procedures are being prepared by the Department. Such legislation is part of the agreed programme for Government. Review and reform of this area is critical to the functioning of the system of justice and provides an opportunity to determine how the system can best respond to the expectations and needs of a modern state. I anticipate that legislation in this area will be published in 2016.

Deputies Shane Ross and Fergus O'Dowd referred to judicial ethics and conduct and the removal of judges. The programme for Government contains a commitment to legislate to establish a judicial council, with lay representation, to provide an effective mechanism for dealing with complaints against judges. The judicial council Bill will give effect to this commitment. In its current form, the Bill provides for the establishment of a judicial council and board which will promote excellence and high standards of conduct by judges. It will also provide a means of investigating allegations of judicial misconduct. In this context, a judicial conduct committee, with lay representation, will be established. The Bill will facilitate the ongoing support and education of judges through a judicial studies committee and the establishment of judicial support committees.

I support Deputy Fergus O'Dowd's remarks about the recent assault of a judge in the family court. We were all appalled by the attack and condemn it outright.

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