Tommy Broughan (Dublin North East, Labour)
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174. To ask the Minister for Justice and Equality if he will bring forward plans to establish an office of a judicial council, in view of concerns on the appointment of judges and the lack of transparency in appointing same. [49516/13]

Alan Shatter (Dublin South, Fine Gael)
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The Deputy will be aware that under the Constitution judges are appointed by the President on the advice of the Government. Under the existing system of judicial appointments, the Judicial Appointments Advisory Board submits to me, as Minister for Justice and Equality, the names of the persons who have applied for appointment and whom it recommends as suitable for appointment. This procedure has been in place since 1995 and, at my request, my Department has been undertaking a review of the process. This review is informed by the ongoing need to ensure and protect the principle of judicial independence and includes consideration of issues such as the appointment process, eligibility criteria, the role of the Judicial Appointments Advisory Board and the need to promote equality and diversity.

I intend to initiate a consultation process shortly which will involve not only members of the judiciary and the legal profession generally and but will also engage the broader public who benefit daily in innumerable ways from the protection of an independent judiciary. The consultations are to be based within the current Constitutional provisions and any proposal to introduce a new system of appointments which would require statutory amendments would, of course, be a matter for consideration by Government in the first instance.

As I have previously conveyed to the House, 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 pursued in 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.

Having considered the draft Judicial Council Bill in light of the considered views of the judiciary and in relation to current Government policy, I am happy to confirm that work on the drafting of the new Bill continues in conjunction with the Offices of the Attorney General and of Parliamentary Counsel. While it had been hoped to publish the Bill this year, in light of the Government’s heavy legislative programme I would now expect this to take place in the New Year.