James Browne (Wexford, Fianna Fail) | Oireachtas source

This amendment is intended to address an issue identified in the 2022 High Court case X v. Y affecting the judicial complaints process under the Judicial Council Act 2019. The High Court stated that there is nothing in section 40 of the Civil Liability and Courts Act 2004 that varies or removes a traditional rule as regards obtaining the prior leave of the courts when it comes to the disclosure to third parties of documents, information or evidence that are generated in or garnered or gleaned from in camera proceedings. As a result, a person who wishes to make a complaint about the conduct of a judge would have to seek the permission of that judge against whom the complaint is to be made in order to submit information to the judicial conduct complaints mechanism. This is inappropriate and contrary to the intention of the judicial conduct legislation.

The amendment does not address the issue with regard to the judicial conduct complaint process solely and is couched in broader terms to allow for documents, information or evidence to be disclosed without the need for permission or leave of a judge where other bodies are performing functions consisting of a hearing, inquiry or investigation. Accordingly, the amendment provides that the leave of the court is not required for the production of a document within the meaning of subsection (6) or the giving of information or evidence within the meaning of subsection (7).