Talks between the judiciary and the Department of Justice on the long-awaited legislation providing for a judicial council have restarted after a gap of over a year, The Irish Timeshas learned.
The proposed legislation would provide for disciplinary procedures for judges and for training and knowledge-sharing. However, in its present form it does not provide for the third element in the original proposals, a representative body for judges.
Plans for a judicial council first came in a 2000 report from a committee on judicial conduct and ethics, chaired by the former chief justice, Mr Justice Ronan Keane. The report provided for a representative body for the entire judiciary, with sub-committees to deal with judicial conduct and ethics, judicial training and the pay and conditions of judges.
It also provided for sanctions for judges who breached the code of conduct, ranging from a private reprimand, to a public reprimand, to a recommendation that the Oireachtas take the steps provided for in the Constitution to remove the judge in question. It could also recommend education or training in specific areas.
This report provided the basis for draft legislation, which was sent to the judiciary for its observations in 2004. However, that year Judge Brian Curtin of the Circuit Court was acquitted on a technicality of possessing child pornography, leading to a proposal in the Oireachtas for his impeachment.
A committee was set up to investigate the circumstances leading to him being charged. He initiated litigation to challenge this process and the project was put on hold for two more years, pending the decision of the courts on the issue.
It emerged at the time that the draft legislation prepared before the Curtin affair did not follow the Keane proposals in all respects, dealing in considerable detail with the disciplinary mechanism, providing for education and information-sharing, but not for any representative functions for the proposed judicial council.
There has been no response from the judiciary to these proposals, but it is understood that some concerns exist about the potential of this legislation to jeopardise judicial independence.
In November 2006 Judge Curtin retired on health grounds, thereby clearing the way for the reactivation of the discussions on the legislation between the minister and the judiciary.
The judiciary were expected to respond with their observations last January, but this did not happen. The election then intervened and a new Minister for Justice, Brian Lenihan, took office in June. Informal discussions between the new Minister and the Chief Justice have taken place, and a meeting at which this is expected to be on the agenda is planned before Christmas.
Asked about progress in finalising a judicial response to the draft legislation, a spokesman for the Courts Service, which services the judiciary, said: "These important and complex proposals are being examined thoroughly across the various court jurisdictions with a view to the development of an acceptable and effective judicial council and associated functions, including the judicial studies institute, a code of judicial ethics and appropriate judicial complaints procedures.
"The Chief Justice has discussed the matter with the Minister since his appointment and there is ongoing dialogue with the Minister and the department with regard to the proposals and the progress being made."