Written answers
Tuesday, 3 November 2015
Department of Justice and Equality
Programme for Government Initiatives
Michael McGrath (Cork South Central, Fianna Fail)
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535. To ask the Minister for Justice and Equality the position regarding the programme for Government's commitment to legislate to establish a Judicial Council, with lay representation; if she will provide an effective mechanism for dealing with complaints against judges; and if she will make a statement on the matter. [37385/15]
John Paul Phelan (Carlow-Kilkenny, Fine Gael)
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557. To ask the Minister for Justice and Equality the current position and activities of the Judicial Council; and if she will make a statement on the matter. [37599/15]
Frances Fitzgerald (Dublin Mid West, Fine Gael)
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I propose to take Questions Nos. 535 and 557 together.
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". This commitment is being pursued by way of the proposed Judicial Council Bill which will provide for the establishment of a Judicial Council and Board of that Council to promote excellence and high standards of conduct by judges. In addition, the proposed Bill will provide for the establishment of a Judicial Conduct Committee, the membership of which will include lay persons, to facilitate the investigation of allegations of judicial misconduct and which will be independent in the performance of its functions. Those functions will include
- the consideration and investigation of complaints
- the preparation and submission to the Board of the Council of draft guidelines concerning judicial conduct and ethics.
- the making of regulations setting procedures for the consideration and investigation of complaints.
An Interim Judicial Council has been established by the judiciary pending enactment of the Bill.
The Government Legislative Programme which was published on 22 September includes the Judicial Council Bill amongst those Bills which are expected to be published in the period from the commencement of the current Dail session to the start of the next session. My Department is working closely with the Office of the Attorney General to bring the Bill to a timely conclusion and I remain committed to advancing this legislation within a speedy timeframe.
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