Donnchadh Ó Laoghaire (Cork South Central, Sinn Fein) | Oireachtas source

This is significant, landmark legislation for a number of reasons. One of my main priorities in this area has been the introduction, for the first time, of a legislative basis for sentencing guidelines. I will return to that but this is a significant moment for sentencing policy. It is also significant in respect of its provisions dealing with the awarding of general damages in personal injury cases. I concur with many of the reflections of Deputy O'Callaghan. The Bill does not deal with the whole picture, or anything like it, but I hope it will have a real impact. The legislation is of value and Sinn Féin will support it.

As Deputy O'Callaghan and the Minister have reflected, this Bill has been long anticipated, not only by Members of the House but also by many judges of various courts who have outlined, at various stages, the need for legislation in this area. There was a lack of accountability, support, assistance and structures to ensure quality educational and training support as well as disciplinary procedures. Those were very clearly lacking and identified as a significant absence by international bodies. We are finally, 20 years after it was first anticipated, moving towards a judicial council model. That is important.

It is important that the judicial council will have real structures of accountability, creating the potential for findings of misconduct to be made against judges and providing consequences therefor, up to, in the most serious instances, the Minister bringing a motion to the Houses of the Oireachtas for the removal of a judge. The vast majority of judges are of the very highest quality and one hopes that such circumstances will never arise. That said, it is important that this procedure is available to the judicial council because that power exists in the Constitution.

The Bill includes provides for training and education for members of the Judiciary. This is an issue because certain judges have shown a lack of understanding or poor understanding of particular areas or displayed attitudes that have dated poorly. It is right and proper that provision is made for education and training as a form of reprimand as well, right up to the most serious consequence I just outlined.

Deputy O'Callaghan noted that Mr. Justice Nicholas Kearns recommended the establishment of a judicial council to deal with personal injury awards. A number of issues arise in that regard. The establishment of the council is welcome as awards for damages are clearly too high in some cases. The intervention of the European competition authorities underlined the fact that while premiums are high, the profits of insurance companies are also high.

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