John Deasy (Waterford, Fine Gael)
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Question 10: To ask the Minister for Justice, Equality and Law Reform the progress made regarding the proposed establishment of a judicial council; and if he will make a statement on the matter. [46265/09]

Dermot Ahern (Louth, Fianna Fail)
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The commitment given in the Agreed Programme for Government is to "legislate to provide effective remedies for complaints about judicial behaviour, including lay participation in the investigation of complaints". That commitment is reflected in the Government's Legislative Programme published on 16 September 2009. It lists the Judicial Council Bill in relation to which proposals are being developed by my Department.

Under the Bill, members of the public will be provided with a framework through which they can pursue allegations of judicial misconduct. A Judicial Council will be given the responsibility of ensuring high standards of conduct among judges. The work of the proposed Council will also be more broadly supportive of excellence in the exercise by judges of their judicial functions. It will be supported by a structure which will include a committee with responsibility for judicial conduct which will be tasked, among other things, with the consideration and investigation of complaints and will have lay participation.

The underlying approach of the Scheme of the Bill will be centred on a definition of a breach of judicial conduct. At the same time, the Bill will be duly cognisant of the independent exercise by the judiciary of its functions as provided for under Article 35.2 of the Constitution, namely,

"All judges shall be independent in the exercise of their judicial functions and subject only to this Constitution and the law".

Necessary consultations with the judiciary on the details of my proposals for a Judicial Council Bill have been ongoing for some time. The Chief Justice has consulted with fellow members of the judiciary and the outcome of those consultations was recently conveyed to my Department. The Chief Justice has in recent days been sent the text of a comprehensive Scheme of a Bill that takes into account, as far as possible, the views of the judiciary. I believe that the process of consultations with the judiciary is nearing completion and I hope to be in a position shortly to seek the approval of the Government of my proposals and for their publication.