Written answers

Thursday, 7 December 2006

Department of Justice, Equality and Law Reform

Proposed Legislation

7:00 pm

Photo of Michael D HigginsMichael D Higgins (Galway West, Labour)
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Question 16: To ask the Tánaiste and Minister for Justice, Equality and Law Reform when the Judicial Council Bill is expected to be published; the consultation he has had with members of the Judiciary regarding the contents of the Bill; his views on whether, in view of a recent case, there is still no procedure for dealing with breaches of conduct by judges apart from the impeachment process provided for under the Constitution; and if he will make a statement on the matter. [41915/06]

Photo of Trevor SargentTrevor Sargent (Dublin North, Green Party)
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Question 29: To ask the Tánaiste and Minister for Justice, Equality and Law Reform when he will bring the judicial ethics legislation which was promised in 2004 before the Houses of the Oireachtas; and if he will make a statement on the matter. [42029/06]

Photo of Michael McDowellMichael McDowell (Dublin South East, Progressive Democrats)
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I propose to take Questions Nos. 16 and 29 together.

Work on the Scheme of the Judicial Council Bill is at an advanced stage of development in my Department and I expect to be in a position to bring it to Government for approval in early 2007. The Bill will build on the Report of the Committee on Judicial Conduct and Ethics chaired by the former Chief Justice Ronan Keane. That Report recognised the need for a procedure for dealing with complaints of judicial misconduct which, while serious in itself, might not warrant the ultimate sanction of impeachment by the Oireachtas.

Consultations on the proposed Bill have, as is usual in the development of any legislative proposals, taken place with the Office of the Attorney General. I have also considered it prudent, given the nature of the subject, to consult with the Chief Justice. These consultations are on-going.

It is my intention that when the Scheme of the Bill has been approved by Government, I will make it available to the Joint Committee on Justice, Equality, Defence and Women's Rights. Any views that may emerge from the Joint Committee can be taken into account during the drafting of the Bill which will be proceeding at the same time.

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