Charles Flanagan (Laois, Fine Gael) | Oireachtas source

The purpose of these amendments is to confirm that, in all cases, both the name of the judge against whom a complaint has been substantiated and the reprimand issued will be published in the annual report of the judicial conduct committee. They achieve this purpose in a different way from that set out in section 87(4)(l) of the Bill as passed by Seanad Éireann. That section incorporates an amendment proposed by Senator Clifford-Lee requiring the annual report to include information on the judge concerned for each case in which a reprimand was issued by the judicial conduct committee. My amendment moves this requirement to subsection (6), largely for structural reasons. Subsection (6) provides that the name of the judge concerned and the reprimand issued shall be published where a judge fails to co-operate with a panel of inquiry under section 71 or does not fulfil a reporting requirement under section 79(13).

Amendment No. 8 will include section 79(2)(b) in that list. This is the section under which a reprimand is issued to a judge against whom a complaint of alleged misconduct has been upheld. As a consequence of this amendment, it is no longer necessary to retain section 87(4)(l). Nor is it necessary to retain subsection (7), which allowed the judicial conduct committee a measure of discretion as to whether or not the name of a judge to whom a reprimand was issued should be included in the annual report. Lest there be any doubt on this point, I emphasise that the effect of my amendment is that the name of a judge to whom a reprimand has issued and the reprimand itself will always be included in the annual report. I acknowledge Senator Clifford-Lee's previous comments in this regard.