Leo Varadkar (Dublin West, Fine Gael)
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Question 91: To ask the Minister for Justice, Equality and Law Reform when he envisages a judicial council will be established; the role of this body; and if he will make a statement on the matter. [19447/10]

Dermot Ahern (Louth, Fianna Fail)
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As the House will be aware, necessary consultations with the judiciary on the details of my proposals for a Judicial Council Bill have been ongoing for some time. I am happy to report that there has been renewed progress in these consultations in recent weeks. Following a Plenary Meeting of the judiciary on 8 May 2010, the Chief Justice has indicated the welcome and support of the judiciary for the latest draft of the Scheme of the Bill. At the meeting they were informed by the Registrar of the Ontario Judicial Council in relation to how the judicial complaints model has worked in that jurisdiction. I very much appreciate the positive engagement of the Chief Justice and his colleagues in giving renewed momentum to this important phase of the consultative process around the proposed Judicial Council Bill.

My proposals for a Bill will, I believe, achieve a reasonable balance between the Government's commitment to legislation on judicial conduct with lay participation and the need to ensure respect for the independence of the judiciary. Thanks to the efforts of all concerned, we have now reached an important point where few issues remain and it should be possible for me in the near future to seek the approval of the Government for my proposals, and for their publication. The publication of my proposals will be an important step in realising the commitment given in the Agreed Programme for Government to "legislate to provide effective remedies for complaints about judicial misbehaviour, including lay participation in the investigation of complaints".

Under the Bill, members of the public will be provided with a framework through which they can pursue allegations of judicial misconduct. This will be centred on a definition of a breach of judicial conduct. A Judicial Council is to be established with responsibility for ensuring high standards of conduct among judges. The Judicial Council will also be more broadly supportive of excellence in the exercise by judges of their judicial functions. The work of the Judicial Council will be supported by a structure which will include a committee with specific responsibility for judicial conduct. This will be tasked, among other things, with the consideration and investigation of complaints. I particularly welcome the fact that the committee dealing with conduct matters is also to have lay participation. This was a key commitment of the Programme for Government which will enhance public confidence in the transparency of the accountability framework being offered under the new Bill.