Brendan Howlin (Wexford, Labour)
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Question 9: To ask the Tánaiste and Minister for Justice, Equality and Law Reform when the Judicial Council Bill is expected to be published; the consultation he has had with members of the Judiciary regarding the contents of the Bill; his views, in view of a recent case, that there is no procedure for dealing with breaches of conduct by judges apart from the impeachment process provided for under the Constitution; and if he will make a statement on the matter. [13254/07]

Michael McDowell (Dublin South East, Progressive Democrats)
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Work on the Scheme of the Judicial Council Bill is at an advanced stage of development in my Department.

Brendan Howlin (Wexford, Labour)
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Again.

Michael McDowell (Dublin South East, Progressive Democrats)
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No, that is still the case and remains so. The Bill as proposed builds on the report of the committee on judicial conduct and ethics chaired by the former Chief Justice, Ronan Keane. That report recognised the need for a procedure for dealing with complaints of judicial misconduct which, while serious in itself, might not warrant the ultimate sanction of impeachment by the Oireachtas.

Consultations on the proposed Bill have, as is usual in the development of any legislative proposals, taken place with the Office of the Attorney General. I have also considered it prudent, given the nature of the subject, to seek the observations of the Chief Justice. Since January 2005 I have been in dialogue with the Chief Justice.

Jim O'Keeffe (Cork South West, Fine Gael)
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Has the Tánaiste been in dialogue with him for two and a half years?

Michael McDowell (Dublin South East, Progressive Democrats)
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Yes. I have had several meetings with the Chief Justice on the matter and have put several models before him and asked for his views on them. I await those views and will act on them as soon as I receive them.

Jim O'Keeffe (Cork South West, Fine Gael)
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The Tánaiste will not be around to receive them.

Brendan Howlin (Wexford, Labour)
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This borders on the farcical. The original plan to deal with judicial misconduct and standards by this Administration, and its immediate predecessor, was to have a constitutional amendment in mid-2001. The present Tánaiste and Minister for Justice, Equality and Law Reform was, I think, Attorney General at that time or shortly thereafter. The referendum was to coincide with the Nice treaty referendum. That proposal was dropped in a fit of pique when it was criticised. I wrote an article on the subject for The Irish Times and the then Minister said he could not proceed with a constitutional amendment unless he had all-party agreement on it. He promised instead to introduce legislation.

The Government's list of legislation published in 2003 promised that the Bill would be published and every declaration, list and response to a parliamentary question since then has promised that it is coming. I have the last two responses to parliamentary questions, in which phrases such as "it is coming", or is "imminent" or "will be approved by Government shortly" or "will be published shortly" are used. The Tánaiste tells us he is in dialogue with the Chief Justice for further comment. He is running out of time. This seamless succession of Administrations has been in office for ten years. This issue has been on the front burner, notionally, since 2001. It is now April 2007 and nothing has been delivered. Dialogues, discussions and analysis to beat the band have happened, with no result. People want results.

We had a brief discussion about some of the matters touching on this issue. Since the events that gave rise to the urgency of this matter in 2001 we have endured the Curtin affair which highlighted the need for legislation in this area. We do not have it. Will the Tánaiste agree that for all his dialogue and promises and discussions he has produced nothing in this area for his tenure in office?

Michael McDowell (Dublin South East, Progressive Democrats)
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I cannot agree with that. I have produced a working model of a scheme and have asked the Judiciary to examine it and return to me. I have waited a long time for the response. This has been debated several times in the House and I am sure that the views of the Deputies opposite are generally appreciated but I have not received the response I requested.

Jim O'Keeffe (Cork South West, Fine Gael)
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The Tánaiste gives out about the judges in public and kow-tows to them in private. That is why he does nothing.

Brendan Howlin (Wexford, Labour)
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Has the Tánaiste effectively given the Judiciary the right to veto the proposal such that if it does not respond that is the end of the matter, sine die?

Michael McDowell (Dublin South East, Progressive Democrats)
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No that is not the case but, contrary to the impression that might sometimes be created, I like to consult with the Judiciary and on a matter of such importance I would be loathe to act unilaterally. For that reason I have since January 2005 sought to elicit its views on the issues involved.

Brendan Howlin (Wexford, Labour)
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Does the Tánaiste think that two years and four months is an excessive time to wait?

Michael McDowell (Dublin South East, Progressive Democrats)
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The Deputy is entitled to make a judgment on that matter.

Brendan Howlin (Wexford, Labour)
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I am asking for the Tánaiste's view.

Michael McDowell (Dublin South East, Progressive Democrats)
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I am giving the House the facts. Since January 2005 I have been seeking the views of the Judiciary at large. I do not know the extent to which consultation has taken place within the Judiciary but I am not in a position to tell the House that I have had the response I have sought.

Jim O'Keeffe (Cork South West, Fine Gael)
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That is not an excuse for inaction.

Brendan Howlin (Wexford, Labour)
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Does the Tánaiste regard a waiting period of two years and four months as excessive? What does he propose to do about it?

Michael McDowell (Dublin South East, Progressive Democrats)
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The length of time in question speaks for itself.

Brendan Howlin (Wexford, Labour)
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Has the Tánaiste asked the Judiciary for a response since then?

Michael McDowell (Dublin South East, Progressive Democrats)
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Yes.

Brendan Howlin (Wexford, Labour)
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How many times and when?

Michael McDowell (Dublin South East, Progressive Democrats)
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Often.

Jim O'Keeffe (Cork South West, Fine Gael)
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It must not be too pleased with the Tánaiste.

Brendan Howlin (Wexford, Labour)
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How many times has the Tánaiste gone back to the Judiciary in the two years and four months?

Michael McDowell (Dublin South East, Progressive Democrats)
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I have often raised the matter.