Judicial Council Act 2019
Number 33 of 2019
JUDICIAL COUNCIL ACT 2019
REVISED
Updated to 25 October 2020
This Revised Act is an administrative consolidation of the Judicial Council Act 2019. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.
All Acts up to and including the Commission of Investigation (Mother and Baby Homes and Certain Related Matters) Records, and Another Matter, Act 2020 (20/2020), enacted 25 October 2020, and all statutory instruments up to and including the Valuation Act 2001 (Global Valuation) (Apportionment) (Iarnród Éireann) Order 2020 (S.I. No. 475 of 2020), made 28 October 2020, were considered in the preparation of this Revised Act.
Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to
revisedacts@lawreform.ie.
Number 33 of 2019
JUDICIAL COUNCIL ACT 2019
REVISED
Updated to 25 October 2020
Introduction
This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was passed.
Related legislation
This Act is not collectively cited with any other Act.
Annotations
This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions.
An explanation of how to read annotations is available at
www.lawreform.ie/annotations.
Material not updated in this revision
Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.
Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.
A list of legislative changes to any Act, and to statutory instruments from 1972, may be found linked from the page of the Act or statutory instrument at
www.irishstatutebook.ie.
Acts which affect or previously affected this revision
• Commission of Investigation (Mother and Baby Homes and Certain Related Matters) Records, and Another Matter, Act 2020 (20/2020)
All Acts up to and including Commission of Investigation (Mother and Baby Homes and Certain Related Matters) Records, and Another Matter, Act 2020 (20/2020), enacted 25 October 2020, were considered in the preparation of this revision.
Statutory instruments which affect or previously affected this revision
• Judicial Council Act 2019 (Establishment Day) Order 2019 (S.I. No. 641 of 2019)
• Judicial Council Act 2019 (Commencement) (No. 2) Order 2019 (S.I. No. 640 of 2019)
• Judicial Council Act 2019 (Commencement) Order 2019 (S.I. No. 457 of 2019)
All statutory instruments up to and including Valuation Act 2001 (Global Valuation) (Apportionment) (Iarnród Éireann) Order 2020 (S.I. No. 475 of 2020), made 28 October 2020, were considered in the preparation of this revision.
Number 33 of 2019
JUDICIAL COUNCIL ACT 2019
REVISED
Updated to 25 October 2020
CONTENTS
PART 1
Preliminary and General
1. Short title and commencement
2. Definitions
3. Repeals
4. Expenses
PART 2
Judicial Council
5. Establishment day
6. Establishment of Council
7. Functions of Council
8. Membership of Council
9. Meetings and procedures of Council
PART 3
Board and Committees of Council
10. Board of Council
11. Functions of Board
12. Membership of Board
13. Term of membership of Board
14. Casual vacancies in membership of Board
15. Meetings and procedures of Board
16. Committees of Council
17. Judicial Studies Committee
18. Personal Injuries Guidelines Committee
19. Membership of Personal Injuries Guidelines Committee
21. Casual vacancies in membership of Personal Injuries Guidelines Committee
23. Sentencing Guidelines and Information Committee
24. Membership of Sentencing Guidelines and Information Committee
25. Recommendations for appointment of lay members of Sentencing Guidelines and Information Committee
26. Term of membership of Sentencing Guidelines and Information Committee
27. Casual vacancies in membership of Sentencing Guidelines and Information Committee
28. Meetings and procedures of Sentencing Guidelines and Information Committee
29. Sentencing policy review
30. Judicial Support Committees
31. Remuneration and expenses of members of Board and committees
PART 4
Staff, Funding and Accountability of Council
32. Secretary to Council
33. Interim Secretary to Council
34. Functions of Secretary to Council
35. Staff of Council
36. Advances to Council
37. Annual report of Council
38. Accounts of Council
39. Accountability of Council to Public Accounts Committee
40. Accountability of Council to other Oireachtas committees
41. Prohibition on disclosure of confidential information
PART 5
Judicial Conduct Committee
Chapter 1
Application of Part
42. Application of Part
Chapter 2
Judicial Conduct Committee
43. Judicial Conduct Committee
44. Membership of Judicial Conduct Committee
45. Recommendations for appointment of lay members of Judicial Conduct Committee
46. Term of membership of Judicial Conduct Committee
47. Casual vacancies in membership of Judicial Conduct Committee
48. Meetings and procedures of Judicial Conduct Committee
49. Registrar to Judicial Conduct Committee
Chapter 3
Complaints
50. Complaints
51. Time limit for making complaints
52. Procedures of Judicial Conduct Committee relating to complaints or matters relating to judicial conduct
53. Admissibility of complaints
54. Notification following determination of whether or not complaint is admissible
55. Complaints Review Committee
56. Review of determination that complaint, or part of complaint, is inadmissible
57. Withdrawal of complaint under consideration by Registrar or Complaints Review Committee
58. If judge concerned consents to reprimand by Judicial Conduct Committee before complaint is investigated
59. Investigations of judicial misconduct in absence of, or after withdrawal of, complaint
60. Referral of complaint for resolution by informal means or investigation
Chapter 4
Resolution of complaints by informal means
61. Referral of complaint for resolution by informal means
62. Resolution of complaints by informal means
63. Report to Judicial Conduct Committee from designated judge or designated judges
Chapter 5
Investigation of complaints
64. Referral of complaint by Judicial Conduct Committee to panel of inquiry
65. Recommendations for nomination of lay members of panels of inquiry
66. Nomination for appointment of lay members of panels of inquiry
67. Appointment of members of panel of inquiry
68. Conduct of investigation
69. Powers and protections relating to witnesses and evidence
70. Failure or refusal by complainant to cooperate with panel of inquiry
71. Failure or refusal by judge concerned to cooperate with panel of inquiry
72. Matter before panel of inquiry concerning health of judge
73. If judge concerned consents to reprimand by Judicial Conduct Committee before conclusion of investigation
74. Withdrawal of complaint while it is being investigated by panel of inquiry
75. Adjournment of investigation of complaint by panel of inquiry
76. Report of panel of inquiry submitted to Judicial Conduct Committee
77. Draft report to be sent to complainant and judge concerned
78. Amendment of draft report
79. Determination of complaint by Judicial Conduct Committee
80. Referral by Judicial Conduct Committee to Minister of matter relating to conduct or capacity of judge for Article 35.4 purposes
Chapter 6
Miscellaneous provisions relating to Judicial Conduct Committee and panels of inquiry
81. Evidence given not admissible in certain proceedings
82. Conduct of proceedings
83. Duty to disclose substance of evidence to other witnesses, etc.
84. Privileges and immunities of witnesses
85. Remuneration and expenses of members of Judicial Conduct Committee and panel of inquiry
86. Expenses of witnesses
87. Annual report of Judicial Conduct Committee
88. Costs of legal representation
PART 6
Miscellaneous
89. Power of Oireachtas to remove judge from office unaffected
90. Personal injuries guidelines
91. Sentencing guidelines
92. Courts to have regard to sentencing guidelines
93. Independence of court and judicial functions
94. Restriction of Freedom of Information Act 2014
95. Restrictions of rights and obligations under Data Protection Regulation
96. Notification to Courts Service of decisions made and actions taken by Council
97. Amendment of Courts Service Act 1998
98. Amendment of Personal Injuries Assessment Board Act 2003
99. Amendment of section 22 of Civil Liability and Courts Act 2004
Acts Referred to
Civil Liability Act 1961 (No. 41)
Civil Liability and Courts Act 2004 (No. 31)
Civil Service Regulation Acts 1956 to 2005
Comptroller and Auditor General (Amendment) Act 1993 (No. 8)
Courts (Supplemental Provisions) Act 1961 (No. 39)
Courts and Court Officers Act 1995 (No. 31)
Courts of Justice (District Court) Act 1946 (No. 21)
zzxx the Courts of Justice Act 1924 (No. 10)
Courts Service Act 1998 (No. 8)
Data Protection Act 2018 (No. 7)
European Convention on Human Rights Act 2003 (No. 20)
European Parliament Elections Act 1997 (No. 2)
Freedom of Information Act 2014 (No. 30)
International War Crimes Tribunals Act 1998 (No. 40)
Local Government Act 2001 (No. 37)
Personal Injuries Assessment Board Act 2003 (No. 46)
Public Service Management (Recruitment and Appointments) Act 2004 (No. 33)
Number 33 of 2019
JUDICIAL COUNCIL ACT 2019
REVISED
Updated to 25 October 2020
An Act to provide for the establishment of a body to be known as Comhairle na mBreithiúna or, in the English language, the Judicial Council; to provide for its functions and for related matters.
[23 rd July, 2019]
Be it enacted by the Oireachtas as follows: