Written answers

Tuesday, 5 February 2013

Department of Justice and Equality

Judicial Council Legislation

Photo of Tommy BroughanTommy Broughan (Dublin North East, Labour)
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To ask the Minister for Justice and Equality if he is currently preparing legislation for the introduction of a Judicial Council; the timetable for the introduction of the Judicial Council legislation; and if he will make a statement on the matter. [5214/13]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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The Programme for Government undertakes to “legislate to establish a Judicial Council, with lay representation, to provide an effective mechanism for dealing with complaints against judges” and this commitment is being given expression in the form of the proposed Judicial Council Bill. As well as providing for the establishment of a Judicial Council and Board that will promote excellence and high standards of conduct by judges, the proposed Bill is aimed at providing a means of investigating allegations of judicial misconduct supported by the establishment of a Judicial Conduct Committee which will have lay representation.

In November 2011, the judiciary agreed to establish an Interim Judicial Council pending the publication and enactment of the proposed Judicial Council Bill. A sub-committee of the Board of the Interim Judicial Council was subsequently established to consider the General Scheme for a Judicial Council Bill, a version of which had been published by the previous Government in August 2010. The observations of the sub-committee were conveyed to me by the Chief Justice on 8 May 2012. These observations were duly considered at my Department taking account of intervening developments and of current Government policy. Following this consideration, I conveyed the relevant drafting instructions to the Attorney General in November 2012. Work on the drafting of the new Bill continues, therefore, in conjunction with the Offices of the Attorney General and of Parliamentary Counsel and I very much appreciate the ongoing support being given to this initiative by the Chief Justice and her judicial colleagues. Under the Government's Legislation Programme for the Spring Session, announced by the Chief Whip on 15th January 2013, publication of the Bill is expected later this year.

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