Vol. 523 No. 3
6 Mr. Gilmore asked the Minister for Justice, Equality and Law Reform when he will receive the report of the judicial committee which is examining judicial conduct and ethics; and if he will make a statement on the matter. [20161/00]
Since its establishment in April, 1999, the Judicial Committee has been engaged in consultation with interested bodies. The committee has also looked at the position in other jurisdictions and how the issue of judicial conduct and ethics is being addressed in those jurisdictions. I understand the committee has almost completed its work and it is hoped that its report will be available before the end of the year.
The Chief Justice, Mr. Justice Ronan Keane, recently said there was a compelling case for some form of body which could adopt remedies, depending on the circumstances, and deal with issues of concern about judicial action. Does the Minister accept that that is now imperative and does he propose any legislation in this regard?
The Chief Justice has made his views known very eruditely on this matter. When his report comes to hand and if I have a role in its adoption, as I assume I will have, I will not be slow to implement it. I must be careful in terms of the independence of the Executive from the Judiciary, but I will be as amenable to his suggestions as possible.
Does the Minister accept that there should be a person – other than a judicial person – involved in any such review?
The Chief Justice said that this was something which would have to be looked at and which might be desirable. However, I must await the report, which I understand I will receive shortly, before addressing the matter. I am as anxious as Deputy Howlin to ensure we have a system of accountability which will be transparent, effective and efficient.
I understand that a number of submissions have been made on family law courts, which are by and large held in camera. I understand that often there are no absolutely accurate records of them kept; that there are no stenographers nor is there tape recording in family law courts. The Chief Justice said in a judgment about in camera hearings that the most benign climate for the growth of corruption and abuse of powers, whether by the Judiciary or members of the legal profession, is one of the—
It is not appropriate to quote. A question, please.
Is it intended to address the matter of in camera cases and particularly the fact that because such cases are held in camera the light of day is not shed on them? Particular cases that were taken on the Southern Circuit were raised this year. Will that issue be addressed?
All Members would appreciate the requirement and necessity for confidentiality in family law cases. The in camera rule needs to be utilised to protect people's identity. I do not know on what the Chief Justice will report regarding family law courts, but suffice to say, I will examine the report that the Chief Justice and his colleagues will produce. It will provide us with a structure which will resolve many of the difficulties to which Deputies referred. I would prefer to await the report before making proposals that might not reflect the deeper consideration the Judiciary are to give this matter.
In the context of the Minister's last reply, is he aware that the Law Reform Commission some years ago published very comprehensive recommendations on the reform of the structure of the family law courts? Will the Minister acknowledge that the current system is completely inadequate to meet the needs of people with family problems? Does the Government have any intention of implementing the recommendations of the Law Reform Commission?
We all accept that there has been a major increase in the number of family law cases in our courts, not least due to the amount of legislation which has been introduced in recent years. Clearly, this has put pressure on the system and it may well be the case that there is a need for an overhaul or a review of our family law courts. I will ask officials in the Department of Justice, Equality and Law Reform to look at the commission's report to see if there are some proposals which we could move forward at this point.
