Dáil Éireann Debate, Tuesday - 4 October 2016
116. Deputy Clare Daly asked the Tánaiste and Minister for Justice and Equality her views on the appointment of judges to districts in which they had formerly had a large solicitors practice; and the details of the regulations and legislation pertaining to managing potential conflicts of interest given that in such circumstances a person would be appearing as a judge before parties and defendants that they had earlier represented as a solicitor. [28544/16]
Amharc ar fhreagraAs the Deputy will be aware, the scheduling of court cases and the allocation of court business is a matter for the respective Presidents of the Courts and the presiding judge who are, under the Constitution, independent in the exercise of their judicial functions. The decision reached in any court case is a matter entirely for the presiding judge. If a person believes that their interests would be affected if a particular judge were to hear and determine the matter in question, then an application to recuse a judge must be made to the judge concerned by, or on behalf of, that person. The decision on recusal is a matter for the judge concerned and, if the applicant is not satisfied with the decision the judge makes, it is possible to appeal any decision of that judge to the appropriate appeal court.
As the Deputy will also be aware the drafting of the Judicial Council Bill, which will establish a Judicial Council in order to provide an effective mechanism for dealing with complaints against judges, is at present at an advanced stage. As well as providing for the establishment of a Judicial Council and Board that will promote excellence and high standards of conduct by judges, the proposed Bill aims to provide a means of investigating allegations of judicial misconduct in the form of a Judicial Conduct Committee, which will have lay representation. It is the Government's intention to have this Bill published in the current Dáil session.
