Written answers

Tuesday, 22 November 2016

Department of Justice and Equality

Courts Service

Photo of Clare DalyClare Daly (Dublin Fingal, Independent)
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116. To ask the Minister for Justice and Equality the number of reports under section 36(2) of the Courts Act 1961 that have been received in each of the years from 2001 to date in 2016. [35743/16]

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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The Deputy will be aware that the Courts are, subject to the Constitution and the law, independent in the exercise of their judicial functions. Section 36(2) of the Courts (Supplemental Provisions) Act, 1961 provides that, for ensuring the prompt and efficient discharge of the business of the District Court in the several districts thereof, where it appears to the President of the District Court that the conduct of a justice of the District Court is prejudicial to the prompt and efficient discharge of the business of that Court, he shall investigate the matter and may report the result of the investigation to the Minister. It also provides that in the course of an investigation under this subsection, the President shall consult the justice concerned. I understand that there have been no reports received by my Department under section 36(2) of the Courts (Supplemental Provisions) Act 1961 for the years 2001 to date in 2016.

The Deputy will also be aware that the current Legislation Programme includes the Judicial Council Bill which will establish a Judicial Council in order to provide an effective mechanism for dealing with complaints against judges. This Bill is among those Bills whose publication this Session is a priority. As well as providing for the establishment of a Judicial Council and Board of the Council that will promote excellence and high standards of conduct by judges, the proposed Bill aims to provide a means of investigating allegations of judicial misconduct in the form of a Judicial Conduct Committee, which will have lay representation.

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