Seanad debates

Wednesday, 22 November 2017

Judicial Council Bill 2017: Second Stage

 

11:30 am

Photo of Ivana BacikIvana Bacik (Independent) | Oireachtas source

I shall now turn to the issue of the sanctions and the refusals. With regard to the reprimand or admonishment, for clarification the reprimand is something that happens at an earlier stage and an admonishment is at the conclusion of an investigation. Section 58 covers where there is failure or refusal by a judge to co-operate and the panel of inquiry makes a report to the judicial conduct committee, but it is hard to see where it goes after that.

My final point is on the secrecy. I am delighted to hear the Minister commit, I think, to making amendments on the issue of proceedings to be heard otherwise than in public. Sections 55 and 69 currently are weighted the wrong way and I suggest that we have a good precedent in the Medical Practitioners Act 2007, section 65 of which states that, "A hearing before the Fitness to Practise Committee shall be held in public unless....". The presumption is, therefore, that hearings are held in public.

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