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Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked.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: