Charles Flanagan (Laois-Offaly, Fine Gael)
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Question 5: To ask the Minister for Justice; Equality and Law Reform when he envisages a Judicial Council will be established; the role such a body will fulfil; and if he will make a statement on the matter. [19719/10]

Dermot Ahern (Louth, Fianna Fail)
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As the House is aware, necessary consultations with the Judiciary on the details of my proposals for a judicial council Bill have been ongoing for some time. I am pleased to report there has been renewed progress in these consultations in recent weeks. Following a plenary meeting of the Judiciary on 8 May 2010, the Chief Justice has indicated the welcome and support of the Judiciary for the latest draft of the scheme of the Bill. At the meeting they were informed by the registrar of the Ontario Judicial Council in respect of how the judicial complaints model has worked in that jurisdiction. I appreciate the positive engagement of the Chief Justice and his colleagues in giving renewed momentum to this important phase of the consultative process in respect of the proposed judicial council Bill.

My proposals for a Bill will, I believe, achieve a reasonable balance between the Government's commitment to legislation on judicial conduct with lay participation and the need to ensure respect for the independence of the Judiciary. Thanks to the efforts of all concerned, we have now reached an important point where few issues remain and it should be possible for me in the near future to seek the approval of the Government for my proposals and for their publication. The publication of my proposals will be an important step in realising the commitment given in the agreed programme for Government to legislate to provide effective remedies for complaints about judicial misbehaviour, including lay participation in the investigation of complaints.

Under the Bill, members of the public will be provided with a framework through which they can pursue allegations of judicial misconduct. This will be centred on a definition of a breach of judicial conduct. A judicial council is to be established with responsibility for ensuring high standards of conduct among judges. The judicial council will also be broadly supportive of excellence in the exercise by judges of their judicial functions.

The work of the judicial council will be supported by a structure which will include a committee with specific responsibility for judicial conduct. This will be tasked, among other things, with the consideration and investigation of complaints. I welcome in particular the fact that the committee dealing with conduct matters is also to have lay participation. This was a key commitment of the programme for Government that will enhance public confidence in the transparency of the accountability framework offered under this Bill.

Charles Flanagan (Laois-Offaly, Fine Gael)
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I welcome the progress announced by the Minister in this regard. I assume from his statement that the Minister expects to bring legislation before the House before the end of this year. In this regard, the Minister referred to a forum in cases of alleged judicial misbehaviour or misconduct. Does the Minister envisage that the legislation would cover such matters as inconsistency of sentencing, about which there has been considerable public debate?

Dermot Ahern (Louth, Fianna Fail)
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No. Primarily it will relate to judicial misconduct, not the issue of sentencing. As the Deputy is aware, a programme is being put in place by the Courts Service, funded by the Exchequer in respect of a system whereby a database of judgments will be available to the Judiciary to enable it to examine and research comparative sentencing models throughout the country. I welcome this because to ensure public confidence in sentencing by the Judiciary there must be consistency throughout the country and I am aware this is something the Judiciary rather values as well. It is very supportive of the ISIS, Irish sentencing information system, programme.

Charles Flanagan (Laois-Offaly, Fine Gael)
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Has the Minister turned his mind towards the budgetary consequences of the setting up of such a council? For example, if an allegation is made against a member of the Judiciary then to defend the good name of himself or herself or the conduct of proceedings it would be necessary to call evidence. I assume that would involve either a transcript or an audio recording of what took place in court. We are far from that in terms of our court infrastructure. Does the Minister envisage that prior to the proper functioning of the council, every courthouse in the country, including District Courts, would be equipped with appropriate technological devices such as audio digital recording equipment, and has he costed for such?

Dermot Ahern (Louth, Fianna Fail)
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Yes, and that money is available to the Courts Service. Digital audio recording technology has been installed across a substantial element of the courts system, including all Central Criminal Courts, the High Courts, Family Law Courts, Special Criminal Courts and Circuit Courts, both criminal and civil. Installation of digital audio recording for the Four Courts complex, which includes the Supreme Court and the Court of Criminal Appeal, has been completed. Digital audio recording capability has also been provided for all 22 courts in the new Criminal Courts complex. The phased roll-out of digital audio recording is now focused on the District Court network and on some outstanding Circuit Court facilities. At the same time, portable digital audio recording equipment is being made available as a flexible alternative for use where appropriate. By the time this legislation is enacted, digital audio recording will not be an issue. The requirement for a transcript in the context of any subsequent investigation was one of the main issues raised by the Judiciary.

Brendan Howlin (Wexford, Labour)
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The time for Priority Questions has expired.