Gerard Murphy (Cork North West, Fine Gael)
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Question 108: To ask the Minister for Justice, Equality and Law Reform his proposals for a judicial ethics; and his views on whether the present situation of judicial self-regulation is workable. [35727/05]

Michael McDowell (Dublin South East, Progressive Democrats)
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I presume that the Deputy is referring to the proposed Judicial Council Bill which will provide for the establishing of a judicial council with responsibility for a number of matters, including the devising of a code of ethics for the judiciary and the investigation of alleged breaches of that code.

It is not true to suggest, as does the Deputy's question, that there is in place at present a system of judicial self-regulation. By law, regulation of judicial behaviour lies exclusively with the Oireachtas as regards judges of the Superior Courts, by virtue of Article 35.4.1° of the Constitution, and as regards judges of other courts, by statutory provisions modelled on the lines of that Article. The impeachment process under those provisions is suitable only for dealing with cases where the matter is so serious as to warrant considering the removal of the judge in question from office. There is nothing at present available to address breaches of ethics where that ultimate sanction would be inappropriately severe and it is that lacuna that the proposed legislation is designed to fill.

It is my intention that the Judicial Council Bill will provide for a scheme to deal with such breaches that will involve the management by the proposed judicial council of a process, to be set out in the Bill, for the investigation by judges, with lay, that is, non-judge, non-lawyer, participation, of complaints about judicial misbehaviour. Of course the legislation will not limit in any way the functions exclusive to the Oireachtas regarding removal from judicial office where that ultimate sanction is appropriate. Work is advancing on the development of the Bill and I am engaged in consultations with the Attorney General and other relevant stakeholders in that regard.