Dáil Éireann Debate, Tuesday - 26 May 2015
122. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality her plans to introduce the Judicial Council Bill; and if she will incorporate a version of the Sentencing Council, operational in England and Wales, in the Bill. [20180/15]
Amharc ar fhreagraThe Deputy will be aware from replies to previous PQs that the Programme for Government undertakes to “legislate to establish a Judicial Council, with lay representation, to provide an effective mechanism for dealing with complaints against judges". This commitment is being pursued by way of the proposed Judicial Council Bill which will provide for the establishment of a Judicial Council and Board of that Council to promote excellence and high standards of conduct by judges. In addition, the proposed Bill will provide for the establishment of a Judicial Conduct Committee, the membership of which will include lay persons, to facilitate the investigation of allegations of judicial misconduct.
My Department is working closely with the Office of the Attorney General to bring the Bill to a timely conclusion. My objective is to secure Government approval for the publication of the Bill during the current Dáil session and I remain committed to that objective.
In relation to the establishment of a Sentencing Council, I would note that judges are independent in the matter of sentencing, as in other matters concerning the exercise of judicial functions, subject only to the Constitution and the law. The approach of the Oireachtas has generally been to specify in law a maximum penalty for an offence, so that a court, having considered all the circumstances of a case, may impose an appropriate penalty up to that maximum. This position has been acknowledged by the Working Group on the Strategic Review of Penal Policy which took the view that the primary role of developing sentencing guidelines is the responsibility of the judiciary and not does not lie in bringing forward detailed statutory based guidelines.
In my view, given the scope of and the intent underlying the Judicial Council Bill, it is not the appropriate vehicle within which to provide for a Sentencing Council. There are currently no plans to make provision in that Bill for the establishment of such a Council. However, this matter will be kept under review.
