Michael D'Arcy (Wexford, Fine Gael) | Oireachtas source

When the Bill was first presented, it provided for two committees of particular note: the judicial studies committee and the judicial conduct committee. Since then, provision has been made for a sentencing guidelines and information committee and, courtesy of the amendments just passed by the House, a personal injuries guidelines committee. The original arrangements envisaged that the committees then in contemplation would be established by the Judicial Council at its first meeting and, in the case of the judicial conduct committee, that its first meeting would be held not later than three months after the first meeting of the council. Within 12 months of its establishment, it would have to prepare and submit to the board of the council draft guidelines concerning judicial conduct and ethics. Given the number of committees now falling within the ambit of the council, it seemed prudent to look again at the arrangements for their establishment with a view to seeing if some phasing would be possible to alleviate some of the pressures that might otherwise arise if they were all required to begin their work within the same short timeframe.

Under the proposed amendments, provision is made whereby, at its first meeting, the council will specify a date upon which the individual committees will be established. Different dates may be set for different committees in order that some may begin their work sooner than others. All the committees will have to be established within six months of the first meeting of the council. In the case of the judicial conduct committee, the sentencing guidelines and information committee and the personal injuries guidelines committee, their first meeting will have to be held no later than one month following their establishment. The proposed phasing will ensure that, in the case of committees where lay membership is an issue, there will be adequate time to ensure that the necessary people are in place to facilitate their establishment. In the case of the judicial conduct committee, it is also essential that there be sufficient time to ensure that a registrar is in place so that the complaints regime can run smoothly from the outset.

There are also practical issues relating to the selection of judges for the various committees, the need to have a physical space where meetings can take place and the need to have adequate resources available to the committees in order that they can carry out their work in an effective way from their very first meeting. I am confident that much of this work would have been done in any event but it is no harm to have a measure of flexibility in the timing of establishment in case there are some unforeseen issues, however minor they may be.