Paul Murphy (Dublin South West, RISE)
Link to this: Individually | In context | Oireachtas source

143. To ask the Tánaiste and Minister for Justice and Equality the steps that will be taken to put protections in place for persons who are engaged in the legal system from possible harassment and abusive behaviour by judges; and if she will make a statement on the matter. [51656/21]

Heather Humphreys (Cavan-Monaghan, Fine Gael)
Link to this: Individually | In context | Oireachtas source

As the Deputy is aware, the judiciary are, under the Constitution, completely independent in the exercise of their judicial functions. The conduct of court business is entirely a matter for the Chief Justice and the Presidents of the Courts. 

Judicial conduct and ethical guidelines are the responsibility of the Judicial Council. As per Section 6 of the Judicial Council Act 2019, the Judicial Council is, subject to the provisions of the Act, independent in the exercise of its functions. Neither I nor my Department has any role in relation to the operation of the Council or its Committees.

One of the main pillars of the Judicial Council's remit is to promote high standards of conduct and I understand that the Conduct Committee was formally established with effect from 30 June 2020.  It was required under the Act to submit to the Judicial Council Board draft guidelines concerning judicial conduct and ethics, within 12 months of its establishment. The guidelines will deal with admissibility of judicial complaints, informal resolution of complaints and codes for conduct and ethics.

I understand that the Committee submitted those draft guidelines to the Board on 28 June 2021, within the statutory timeframe. The Act further states that the Council must then adopt those guidelines within a further 12 month period from that date (i.e. by 28 June 2022 at the latest). Once the guidelines are in place, I will then make orders bringing into operation those relevant provisions of the Act which have not yet been commenced.

Panels of Inquiry (including lay members) will conduct investigations of complaints referred by the Judicial Conduct Committee. This will allow for complaints about allegations of misconduct by serving judges to be made.

The investigation of any criminal offence such as harassment or abusive behaviour is, of course, a matter for An Garda Síochána.