Dáil Éireann Debate, Tuesday - 21 September 2021
476. Deputy Paul Murphy asked the Minister for Justice if any of her predecessors made a request to the Chief Justice to appoint a judge under section 21 of the Courts of Justice (District Court) Act 1946, or any other similar provision, to investigate (details supplied). [44434/21]
View answerAs the Deputy is aware, the judiciary are, under the Constitution, independent in the exercise of their judicial functions. The conduct of court business is entirely a matter for the Presidents of the Courts and the Chief Justice.
As the Deputy is aware, the Judicial Council was established pursuant to the Judicial Council Act 2019 and is independent in the performance of its functions. One of the main pillars of the Council's remit is to promote high standards of conduct among judges. The Judicial 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 is, of course, a matter for An Garda Síochána.
