merrion street

The Tánaiste and Minister for Justice Frances Fitzgerald has published the
Judicial Council and Judicial Appointments Commission Bills. Both are major
reforms to the judiciary in Ireland.

The Tánaiste said: “The Irish judiciary is has been one of the great
successes of the Irish state. Its enduring independence has provided a
constitutional structure that has enabled this state to withstand enormous
political and economic threats to its existence and stability. The Irish
judiciary is consistently among the top ten most independent judiciaries
globally. These two Bills will underpin public confidence and guarantee the
quality of our judicial system is maintained.”

Speaking about the Judicial Council Bill 2017, the Tánaiste said: “The
need for a Judicial Council has long been recognised, both domestically and
internationally. The Bill provides for the establishment of a Judicial
Council which will promote and maintain excellence functions and high
standards of conduct among judges. A Judicial Conduct Committee will be
established which will consider complaints against judges and refer them
either for informal resolution or for formal investigation. The Committee
will also prepare draft guidelines concerning judicial conduct and ethics
for adoption by the Council. Short of invoking Article 35.4 of the
Constitution, which relates to the process whereby a judge may be removed
from office, commonly referred to as “impeachment”, there is no mechanism
available which allows for the investigation of complaints of a less
serious nature. This Bill will provide that mechanism.”

“The Bill will provide for the establishment of a Judicial Studies
Committee to facilitate the continuing education and training of judges
with regard to their judicial functions. A Sentencing Information
Committee will also be established to collate information on sentences
imposed by the courts, and to disseminate information from time to time to
judges and persons other than judges.”

Speaking about the Judicial Appointments Commission Bill 2017, the Tánaiste
said: “This is a key commitment in the Programme for Partnership Government
2016, and also represents the outcome of a consultation process on judicial
appointments undertaken by the Department of Justice and Equality in 2014.
It will replace the existing Judicial Appointments Advisory Board with a
new Judicial Appointments Commission that will have a more substantial role
and broader functions.

“The Commission will have a lay chairperson accountable to the Oireachtas
and a lay majority selected by the Public Appointments Commission. It will
also include the Chief Justice and all of the Court Presidents directly
involved in the selection and recommendation of person for appointment.”

Both Bills are available on the Oireachtas website via the links below

Judicial Appointments Commission Bill 2017 -
http://www.oireachtas.ie/viewdoc.asp?DocID=36330&&CatID=59

Judicial Council Bill 2017 -
http://www.oireachtas.ie/viewdoc.asp?DocID=36329&&CatID=59