Mattie McGrath (Tipperary South, Independent)
Link to this: Individually | In context | Oireachtas source

564. To ask the Minister for Justice and Equality her views on matters raised in correspondence (details supplied); and if she will make a statement on the matter. [37711/15]

Frances Fitzgerald (Dublin Mid West, Fine Gael)
Link to this: Individually | In context | Oireachtas source

As the Deputy will appreciate, judges are independent in matters concerning the exercise of judicial functions, subject only to the Constitution and the law. The conduct of and decision reached in any court case is a matter entirely for the presiding judge. If a person believes that their interests would be affected if a particular judge were to hear and determine the matter in question, then an application to recuse a judge must be made to the judge concerned by or on behalf of that person. The decision on recusal is a matter for the judge concerned and, if the applicant is not satisfied with the decision the judge makes, it is possible to appeal any decision of that judge to the appropriate appeal court.

The Deputy will be aware that 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.

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.