Recent legislation

Judicial Studies Committee

Under Section 17 of the Act, the Judicial Studies Committee will be responsible for preparing and distributing information relevant to judges. In addition, it will facilitate the continuing education and training of judges regarding their function.

Personal Injuries Guidelines Committee

Under Section 18, the Judicial Council is required to establish a Personal Injuries Guidelines Committee within three months of the council’s establishment. This committee will consist of seven judges put forward by the Chief Justice. Each judge will be required to submit draft guidelines and amendments for personal injuries for appropriate general damages for various types of personal injury within six months of its commencement. Following completion of the first review, a follow-up review of the guidelines is required within three years, and once every three years thereafter.

Sentencing Guidelines and Information Committee

Under Section 23, within six months of the first Judicial Council meeting, the council is required to establish a Sentencing Guidelines and Information Committee. Under the provisions
of the Act, the committee shall:

• Prepare and submit draft sentencing guidelines and amendments to sentencing guidelines adopted by the council to the board for review.
• Monitor the operation of sentencing guidelines.
• Collate and disseminate sentencing data to judges and other relevant individuals.

Under Section 24, the committee will consist of 13 members: eight judges put forward by the Chief Justice, one of which will act as chairperson, and five lay members, who will be appointed by the Government.

Under Section 29, the Minister for Justice and Equality is required to begin a review of all legislation that provides for the imposition of minimum sentences for offences. The review must consider whether minimum sentences are imposed correctly and at what level of imposition. The findings must be submitted by the Minister to both Houses of the Oireachtas within 12 months of the review starting.

Judicial Support Committees

Under Section 30, five Judicial Support Committees will be established, namely:

• Supreme Court Judicial Support Committee
• Court of Appeal Judicial Support Committee
• High Court Judicial Support Committee
• Circuit Court Judicial Support Committee
• District Court Judicial Support Committee.

These will be available to each of the courts to advise and assist the Judicial Council in the performance of its functions.

Judicial Conduct Committee

Under Section 43, the Judicial Council is required to establish the Judicial Conduct Committee to promote and maintain high standards of conduct among judges relating to principles of judicial conduct requiring judges to uphold and exemplify judicial independence, impartiality, integrity, propriety (including the appearance of propriety), competence, and diligence, and to ensure equality of treatment to all persons before the courts. This committee will investigate complaints against judges and refer them for resolution by informal means. It is required to prepare and submit a review draft of guidelines for judicial conduct, including guidance on when a judge should recuse him or herself from presiding over legal proceedings.

Under this Act, the Judicial Conduct Committee is considered independent in the performance of its functions and shall have such powers deemed necessary or useful to carry out its functions. It may obtain legal, medical, or other advice in connection with performing its functions and may bring or defend legal proceedings or any other act or thing necessary for the performance of its functions.

Conclusion

Minister for Justice and Equality Charlie Flanagan TD believes that the enactment of this Act is a ‘landmark development’, which will help to ‘shape the way in which our judiciary operates at all levels by promoting consistent standards of excellence, preserving the very valuable confidence that the public has in our judiciary and in the administration of justice in this country’.²

1  Judicial Council Act 2019. Available online at: http://www.irishstatutebook.ie/eli/2019/act/33/enacted/en/html

2  Department of Justice and Equality (2019) Minister Flanagan announces the passage of the landmark Judicial Council Bill.
9 July. Available online at: http://www.justice.ie/en/JELR/Pages/PR19000187