80. (1) (a) In this section an “Article 35.4.1°; motion”, in relation to a judge, means a motion that is proposed in either House of the Oireachtas pursuant to the rules and standing orders for the time being in force of that House for the purpose of seeking a resolution of that House under subsection 1°; of section 4 of Article 35 of the Constitution calling for the removal from office of the judge for stated misbehaviour or incapacity within the meaning of that subsection.

(b) For the avoidance of doubt references in this section to an Article 35.4.1°; motion may—

(i) by virtue of section 39 of the Courts of Justice Act 1924, relate to a judge of the Circuit Court, and

(ii) by virtue of section 20 of the Courts of Justice (District Court) Act 1946, relate to a judge of the District Court.

(2) Where the Judicial Conduct Committee determines in accordance with this section that a matter relating to the conduct or capacity of a judge (whether or not arising from a complaint) requires the referral of the matter to the Minister under this section (in this section referred to as a “referral”), the Committee shall make a referral in relation to the judge.

(3) Where at any time during the course of an investigation by a panel of inquiry of—

(a) a complaint under this Part, or

(b) a matter relating to the conduct of a judge under section 59,

the panel of inquiry forms the opinion that a matter disclosed by the investigation relating to the conduct or capacity of the judge concerned is of such gravity as would justify a referral by the Judicial Conduct Committee in relation to that judge, the panel of inquiry shall prepare, and submit to the Judicial Conduct Committee, a report in writing in relation to the matter under this subsection.

(4) Where the Judicial Conduct Committee makes a referral in relation to a judge, the Minister shall, as soon as practicable thereafter, propose an Article 35.4.1°; motion in either House of the Oireachtas in respect of the judge (unless he or she sooner ceases to be a judge).

(5) Where a panel of inquiry makes a report under subsection (3) it shall adjourn the investigation of the complaint or matter concerned.

(6) A report under subsection (3) shall—

(a) record the opinion of the panel of inquiry referred to in that subsection,

(b) the reasons for that opinion, and

(c) recommend to the Judicial Conduct Committee that it make a referral in relation to the judge concerned.

(7) The Judicial Conduct Committee shall, as soon as practicable after receiving a report under subsection (3), send a copy of the report to the judge concerned, together with a notice specifying the period within which the judge may make submissions in relation to the report.

(8) Submissions to the Judicial Conduct Committee by a judge in relation to a report under subsection (3) shall be in writing.

(9) The Judicial Conduct Committee shall, as soon as practicable after the expiration of the period specified in the notice referred to in subsection (7), consider the report received from the panel of inquiry under subsection (3) and the submissions (if any) made by the judge concerned.

(10) If the Judicial Conduct Committee is satisfied that a referral is required in relation to the judge concerned, the Committee shall, as soon as practicable, furnish to the Minister—

(a) the report received from the panel of inquiry under subsection (3),

(b) the submissions (if any) made by the judge concerned in relation to that report, and

(c) the views (if any) of the Judicial Conduct Committee with regard to the report referred to in paragraph (a) and the submissions (if any) referred to in paragraph (b).

(11) The Registrar shall, as soon as practicable after the Judicial Conduct Committee complies with subsection (10), notify the judge concerned in writing thereof and shall provide him or her with a copy of the views (if any) of the Judicial Conduct Committee with regard to the report under subsection (3) or submissions made by that judge in relation to that report.

(12) The documents referred to in subsection (10) shall not accompany an Article 35.4.1°; motion proposed by the Minister but the Minister may use those documents, for the purposes of proposing an Article 35.4.1°; motion in respect of the judge concerned in either House of the Oireachtas, to state the matters upon which it is contended that the judge concerned should be removed from office.

(13) If the Judicial Conduct Committee is not satisfied that the recommendation referred to in paragraph (c) of subsection (6) made by the panel of inquiry in its report under subsection (3) should be accepted, the Committee shall direct the panel of inquiry to continue the investigation of the complaint or matter concerned with a view to its preparing and submitting to the Committee a report thereof under section 76.

(14) Where a referral is made following the investigation of a complaint under this Part, the Registrar shall notify the complainant in writing of the referral as soon as practicable after an Article 35.4.1°; motion has been proposed by the Minister in Dáil Éireann or Seanad Éireann, as the case may be, in respect of the judge concerned.

(15) A statement or admission made by the judge concerned or evidence given to a panel of inquiry or a submission made to a panel of inquiry or to the Judicial Conduct Committee under this Part shall not be admissible—

(a) in any proceedings in either House of the Oireachtas, or

(b) before a committee of either such House or of both such Houses,

in relation to an Article 35.4.1°; motion in respect of the judge concerned.