There will be a majority of judges on the body to investigate complaints against the judiciary, the Minister for Justice said yesterday.
Mr O'Donoghue said there would be lay representation on the new judicial council but refused to specify how many. He did not see anything wrong with the judiciary having a majority on the council.
"This might indeed be very important in the context of ensuring that the independence of the judiciary is seen to be maintained. However, I believe a correct balance can be achieved in this respect if there is a relatively significant lay involvement as well," Mr O'Donoghue said on RTE's This Week programme.
"If that kind of balance is achieved we will be able to maintain the independence and integrity of the judiciary on the one hand while retaining the very fullest public confidence in the system on the other."
The Government is to hold a referendum in May on a constitutional amendment to provide for the investigation of misbehaviour by judges and their removal from office.
Mr O'Donoghue said the aim was to establish mechanisms by which judges could be reprimanded. The council would examine complaints and have the power to impose a private reprimand, a public reprimand and, in a "very serious" case, to recommend to the Oireachtas that a judge be impeached.
He pointed out that this body would not take away from the Oireachtas the power of impeachment of judges "of its own accord". However, it would specify that such an impeachment must be initiated by at least 30 members of either the Dail or Seanad.
Asked if believed the lay representation would displease the judiciary, Mr O'Donoghue said it was important that everybody's concerns were met, but the general public would have a greater confidence in the judiciary if they were represented on the body which would be looking at complaints against members of it.
At present there is no sanction for judicial misbehaviour apart from removal from office. Since the Sheedy affair the need to have a regulatory body has been accepted by all groups.
The proposal will be put to the people on the same day as those on the Nice Treaty and the death penalty.