Legalize / Ireland / Act

Judicial Council Act 2019

Type Act

Publication 2019-07-23

Last updated 2025-06-23

State In force

Source Irish Statute Book

articles 103

Reform history JSON API

46. Term of membership of Judicial Conduct Committee

46. (1) A nomination under section 44(3) shall—

(a) cease to have effect upon—

(i) the expiration of the period or the passing of the occasion or occasions, as the case may be, specified in the nomination, or

(ii) the rescinding of the nomination by the ex officio member of the Judicial Conduct Committee who made the nomination,

(b) where the ex officio member of the Judicial Conduct Committee who made the nomination ceases to hold the judicial office by virtue of which he or she became such ex officio member, cease to have effect upon that ex officio member ceasing to hold that office,

(c) where the judge in respect of whom the nomination was made ceases to hold the judicial office by virtue of which he or she was so nominated, cease to have effect upon his or her ceasing to hold that office, or

(d) where the judge in respect of whom the nomination was made by notice in writing given or sent to the ex officio member of the Judicial Conduct Committee indicates that he or she does not wish to continue to perform the functions concerned, cease to have effect upon the receipt of that notice by that ex officio member.

(2) Subject to section 47(3), each elected member of the Judicial Conduct Committee and, subject to section 47(4), each lay member of the Judicial Conduct Committee shall continue to be a member of the Committee for a term of 4 years from the date of his or her election or appointment, as the case may be, unless he or she sooner dies, resigns, becomes ineligible for membership or, in the case of a lay member, is removed from membership of the Committee.

(3) Subject to subsection (4), an elected member of the Judicial Conduct Committee or a lay member of the Judicial Conduct Committee whose term of membership expires with the passage of time shall be eligible for re-election or re-appointment to the Committee for a further term of 4 years as an elected member or lay member, as the case may be, of that Committee.

(4) An elected member of the Judicial Conduct Committee or a lay member of the Judicial Conduct Committee who has served 2 terms as a member of that Committee shall not be eligible for re-election or re-appointment to the Committee as an elected member or lay member, as the case may be, other than in accordance with subsection (5).

(5) An elected member of the Judicial Conduct Committee or a lay member of the Judicial Conduct Committee who has served 2 terms as a member of that Committee shall be eligible for re-election or re-appointment to the Committee as an elected member or lay member, as the case may be, after a period of 4 years has elapsed from the date of the expiration of his or her most recent term of membership of the Judicial Conduct Committee as such an elected member or lay member, as the case may be.

(6) An elected member of the Judicial Conduct Committee may resign from that Committee by notice in writing given or sent to the chairperson of the Committee and the resignation shall take effect on the day on which the chairperson receives the notice.

(7) A lay member of the Judicial Conduct Committee may resign from that Committee by notice in writing given or sent to the Minister and the resignation shall take effect on the day on which the Minister receives the notice.

(8) The lay member of the Judicial Conduct Committee concerned shall give or send a copy of the notice under subsection (7) to the chairperson of the Judicial Conduct Committee when he or she gives or sends the notice to the Minister or as soon as practicable thereafter.

(9) (a) An elected member of the Judicial Conduct Committee who is appointed to a judicial office referred to in any of paragraphs (a) to (d) of section 44(4) other than the one that he or she held when he or she was so elected shall continue to be an elected member of the Judicial Conduct Committee.

(b) Where an elected member of the Judicial Conduct Committee ceases to be a judge, he or she shall thereupon cease to be a member of the Committee.

(10) The Government may at any time remove from the Judicial Conduct Committee a lay member of the Judicial Conduct Committee if the Government is satisfied that the lay member—

(a) has become incapable through ill health of effectively performing the functions of the office,

(b) has committed stated misbehaviour,

(d) is otherwise unfit to hold office or unable to discharge the functions of the office.

(11) The Judicial Conduct Committee may act notwithstanding any vacancy in its membership provided there are not less than—

(a) 4 members of the Committee who are judges, and

(b) 3 lay members of the Committee.

47. Casual vacancies in membership of Judicial Conduct Committee

47. (1) Where an elected member of the Judicial Conduct Committee dies, retires or resigns from judicial office, resigns from the Judicial Conduct Committee in accordance with subsection (6) of section 46 or ceases to be a member of that Committee under subsection (9)(b) of that section, the vacancy so occasioned shall be filled by a judge elected to be a member of the Judicial Conduct Committee in the same manner as the member of the Committee who occasioned the vacancy was elected.

(2) Where a lay member of the Judicial Conduct Committee dies, resigns from the Judicial Conduct Committee in accordance with section 46(7), ceases to be a member of the Committee under section 44(7) or is removed from that Committee under section 46(10), the vacancy so occasioned shall be filled by a person appointed to be a lay member of the Judicial Conduct Committee in the same manner as the member of the Committee who occasioned the vacancy was appointed.

(3) The term of office of an elected member of the Judicial Conduct Committee elected in accordance with subsection (1) shall be for the unexpired period of the term of membership of the member of the Committee whom he or she has replaced.

(4) The term of office of a lay member of the Judicial Conduct Committee appointed in accordance with subsection (2) shall be for the unexpired period of the term of membership of the member of the Committee whom he or she has replaced.

(5) A term of membership of the Judicial Conduct Committee of any duration resulting from an election or appointment in accordance with subsection (1) or (2) shall be regarded as a term of membership for the purposes of subsections (4) and (5) of section 46.

48. Meetings and procedures of Judicial Conduct Committee

48. (1) The Judicial Conduct Committee shall hold such and so many meetings as may be necessary for the performance of its functions.

(2) The first meeting of the Judicial Conduct Committee shall be held not later than 1 month after the date on which the Committee stands established under section 43(1)(b).

(3) At a meeting of the Judicial Conduct Committee—

(a) the chairperson of that Committee shall, if present, be the chairperson of the meeting, or

(b) if and so long as the chairperson of that Committee is not present, the next most senior judge present shall be the chairperson of the meeting.

(4) Every question at a meeting of the Judicial Conduct Committee shall be determined by a majority of the votes of the members of the Judicial Conduct Committee present and voting on the question and, in the case of an equal division of the votes, the chairperson of the meeting shall have a second or casting vote.

(5) The quorum for a meeting of the Judicial Conduct Committee shall be 5, of whom—

(a) not fewer than 3 shall be ex officio members of the Judicial Conduct Committee or elected members of the Judicial Conduct Committee, and

(b) not fewer than 2 shall be lay members of the Judicial Conduct Committee.

(6) Subject to this Act and any procedures specified by it under section 52, the Judicial Conduct Committee shall regulate its own procedures.

49. Registrar to Judicial Conduct Committee

49. (1) The Secretary or a member of the staff of the Council who is designated under section 34(5) to perform the functions of the Secretary shall, in addition to the functions conferred on the Secretary by this Act, act as secretary to the Judicial Conduct Committee and, when so acting, shall be known as the Registrar to the Judicial Conduct Committee (in this Act referred to as the “Registrar”).

(2) The Registrar shall not be a member of the Judicial Conduct Committee but he or she may, in accordance with procedures specified by the Judicial Conduct Committee, attend meetings of the Committee and shall be entitled to speak and give advice at such meetings.

(3) The Registrar shall not attend meetings of the Complaints Review Committee.

Chapter 3

50. Complaints

50. (1) A complaint concerning the conduct of a judge (in this Act referred to as the “judge concerned”) that is alleged to constitute judicial misconduct may be made to the Registrar in accordance with the procedures specified by the Judicial Conduct Committee under section 52 by a person who is directly affected by, or who witnessed, the conduct.

(2) A complaint may be made under subsection (1) on behalf of—

(a) a child, by a parent or guardian of the child, or

(b) a person who is unable to make the complaint himself or herself by reason of a mental or physical incapacity, by a person duly authorised by law to act on behalf of the first-mentioned person.

(3) A complaint may be made under subsection (1) on behalf of a solicitor who is a member of the Law Society of Ireland by a duly authorised officer of the Law Society of Ireland.

(4) A complaint may be made under subsection (1) on behalf of a barrister who is F9[a member of the Law Library] by a duly authorised officer of the General Council of the Bar of Ireland.

(5) The Registrar shall, as soon as practicable after the receipt of a complaint, notify the judge concerned of the complaint and provide him or her with—

(a) the name of the complainant, and

(b) particulars of the complaint.

(6) Where a complaint is made in accordance with subsection (2), (3) or (4) on behalf of a complainant referred to in each of those subsections by another person, any requirement in this Part to notify the complainant of any matter relating to the complaint or to send a draft report or notice to the complainant shall be construed as a requirement to notify that other person or to send the draft report or notice to that other person, as may be appropriate.

51. Time limit for making complaints

51. (1) Subject to subsections (2) and (3), a complaint shall be made not later than 3 months after the date of the occurrence or alleged occurrence of the conduct alleged to constitute judicial misconduct that occasioned the complaint.

(2) Where a complaint relates to more than one incident of the occurrence or alleged occurrence of the conduct of the judge concerned that is alleged to constitute judicial misconduct, the complaint in relation to such conduct shall be made not later than 3 months after the date of the last occurrence or alleged occurrence of that conduct.

(3) The Judicial Conduct Committee may, on referral of a complaint or a part of a complaint, by the Registrar under section 53(5) or by the Complaints Review Committee under section 56(4), determine that it is just and equitable, having regard to the nature of the conduct or alleged conduct to which the complaint, or the part of the complaint so referred, relates and any other relevant circumstances, for the period referred to in subsection (1) or (2), as may be appropriate, for the making of the complaint to be extended so that the complaint, or the part of the complaint so referred, as the case may be, is admissible.

52. Procedures of Judicial Conduct Committee relating to complaints or matters relating to judicial conduct

52. (1) The Judicial Conduct Committee shall, subject to this Part, specify procedures relating to—

(a) the making and investigation of complaints under this Part,

(b) investigations under section 59, and

(2) In specifying procedures under subsection (1), the Judicial Conduct Committee shall have regard to the need for it to perform its functions in an effective manner and in accordance with fair procedures.

(3) Without prejudice to the generality of subsection (1), procedures specified under this section may make provision in relation to the following:

(a) the making of a complaint;

(b) the determination of the admissibility of a complaint;

(d) the investigation of a complaint by a panel of inquiry;

(e) the making of a determination by the Judicial Conduct Committee under section 79;

(f) the steps and processes to be followed by the Judicial Conduct Committee and a panel of inquiry for the purposes of an investigation under section 59;

(g) a referral by the Judicial Conduct Committee under section 80 within the meaning of that section to the Minister and the steps and processes to be followed by the Judicial Conduct Committee and a panel of inquiry with regard to such a referral;

(h) the period within which anything is required to be done under this Part.

(4) The Judicial Conduct Committee shall publish procedures specified by it under this section in such manner as it considers appropriate.

53. Admissibility of complaints

53. (1) On receiving a complaint, the Registrar shall determine whether or not the complaint is admissible.

(2) Subject to subsection (3), a complaint is admissible if—

(a) the complaint is made by a person authorised under section 50 to make a complaint,

(b) the conduct alleged could, if substantiated, constitute judicial misconduct by the judge concerned,

(c) the complaint is made within the period specified in subsection (1) or (2), as may be appropriate, of section 51 or any extension of that period under subsection (3) of that section,

(d) the complaint is not frivolous or vexatious, and

(e) the complaint is made in compliance with procedures for that purpose specified by the Judicial Conduct Committee under section 52.

(3) A complaint that relates solely to—

(a) conduct by the judge concerned in proceedings before him or her in respect of which a remedy has already been provided or may be provided if pursued by the complainant—

(i) in those proceedings,

(ii) on appeal from a decision of the judge concerned in those proceedings or on any further appeal from such an appeal until those proceedings are finally determined,

(iii) in proceedings by way of judicial review of any decision of the judge concerned in the proceedings before that judge, or

(iv) in any other proceedings,

(b) the merits of a decision in proceedings before the judge concerned,

is not admissible.

(4) Where the Registrar determines that a complaint is admissible in whole or in part, he or she shall refer—

(a) the complaint, or

(b) in the case of a complaint that is admissible in part only, the part of the complaint that he or she determines to be admissible (which, following that determination but subject to section 56(8), is deemed to constitute the complaint for the purposes of this Act),

to the Judicial Conduct Committee to be dealt with in accordance with section 60.

(5) Where the Registrar is satisfied that a complaint, or a part of a complaint, would be admissible but for its having been made after the expiration of the period specified in subsection (1) or (2), as may be appropriate, of section 51, he or she shall refer the complaint, or that part of the complaint, to the Judicial Conduct Committee for its determination under subsection (3) of that section as to whether that period should be extended and, in the event of such an extension, the complaint, or that part of the complaint, shall be dealt with in accordance with section 60.

54. Notification following determination of whether or not complaint is admissible

54. (1) Where the Registrar makes a determination under section 53 that a complaint, or a part of a complaint, is inadmissible and does not refer the complaint, or that part of the complaint, to the Judicial Conduct Committee under subsection (5) of that section, he or she shall—

(a) notify the complainant and the judge concerned in writing of—

(i) his or her determination, and

(ii) the complainant’s entitlement under section 56 to seek a review of the determination,

(b) include in the notification the reasons for the determination, and

(2) Where the Registrar makes a determination under section 53 that a complaint, or a part of a complaint, is admissible or refers a complaint, or a part of the complaint, to the Judicial Conduct Committee under subsection (5) of that section, the Registrar shall, as soon as practicable thereafter, notify the complainant and the judge concerned in writing of the determination or referral, as the case may be.

(3) Following a determination by the Judicial Conduct Committee under section 51(3) as to whether the time for the making of a complaint, or a part of a complaint, as the case may be, shall be extended, the Registrar shall, as soon as practicable thereafter, notify the complainant and the judge concerned in writing of the determination and the reason therefor and whether or not the complaint, or the part of the complaint, concerned is thereby admissible.

55. Complaints Review Committee

55. (1) The Judicial Conduct Committee shall establish a committee to be known as the Complaints Review Committee to review, in accordance with section 56, the admissibility of complaints, or parts of complaints, that have been determined by the Registrar to be inadmissible.

(2) The Complaints Review Committee shall comprise 3 members appointed by the Judicial Conduct Committee, of whom 2 shall be ex officio members of the Judicial Conduct Committee or elected members of the Judicial Conduct Committee and one shall be a lay member of the Judicial Conduct Committee.

(3) Every person appointed under subsection (2) to be a member of the Complaints Review Committee shall serve as a member of the Committee for a term, to be specified in writing at the time of his or her appointment, of not less than one year and not more than 2 years from the date of his or her appointment.

(4) Subject to subsection (5), a member of the Complaints Review Committee whose term of membership expires with the passage of time shall be eligible for re-appointment to the Committee for a further term, to be specified in writing at the time of his or her re-appointment, of not less than one year and not more than 2 years from the date of his or her re-appointment.

(5) A member of the Complaints Review Committee who has served 2 terms of membership shall not be eligible to serve a further term as a member of the Committee other than in accordance with subsection (6).

(6) A member of the Complaints Review Committee who has served 2 terms of membership shall be eligible for re-appointment to the Committee after a period of 2 years has elapsed immediately following the expiration of his or her most recent term of membership of the Committee.

(7) A member of the Complaints Review Committee may resign from his or her membership of the Committee by notice in writing given or sent to the chairperson of the Judicial Conduct Committee.

(8) The Judicial Conduct Committee may appoint another ex officio member of the Judicial Conduct Committee, elected member of the Judicial Conduct Committee or lay member of the Judicial Conduct Committee, as may be appropriate, to fill a casual vacancy arising in the Complaints Review Committee under subsection (7) and subsection (3) shall apply in relation to the filling of any such vacancy.

(9) Where a member of the Complaints Review Committee ceases to be a member of the Judicial Conduct Committee, he or she shall thereupon cease to be a member of the Complaints Review Committee.

(10) Where a matter is required to be determined by the Complaints Review Committee, each member of the Committee shall have one vote and the matter shall be determined by a majority of the votes of the members of the Committee.

(11) Subject to this Act, the Complaints Review Committee may regulate its own procedures, including procedures relating to the conduct of meetings of the Committee.

55A. F10[Complaints Review Committee: temporary replacement of member

55A.(1) Where an ex officio member or elected member of the Judicial Conduct Committee who is a member of the Complaints Review Committee is the subject of a complaint or otherwise has a conflict of interest in respect of a matter before the Complaints Review Committee, or the lay member of the Complaints Review Committee has a conflict of interest in respect of a matter before that Committee, the member concerned shall take no part in the performance by that Committee of its function in relation to such complaint or matter, and, accordingly shall not—

(a) attend any meeting of that Committee held for the purpose of performance of that function, or

(b) cast a vote in relation to any decision falling to be made by it for that purpose.

(2) Wheresubsection (1)applies, the Judicial Conduct Committee shall, for the purpose of performing the function referred to in that subsection, replace the member of the Complaints Review Committee concerned—

(a) in the case of anex officiomember or elected member of the Judicial Conduct Committee who is a member of the Complaints Review Committee, with anotherex officiomember or elected member of the Judicial Conduct Committee, or

(b) in the case of the lay member, with another lay member of the Judicial Conduct Committee,

and, accordingly that other person may attend at any meeting of the Complaints Review Committee held for the purpose of the performance of that function and may cast a vote in relation to any decision falling to be made by it for that purpose.

(3) Where a member of the Complaints Review Committee is temporarily unable to act as a member of that Committee, whether due to illness, incapacity or for any other reason, the Judicial Conduct Committee shall, for the duration of such period when the member is unable to act, replace that member with—

(a) where the member unable to act is anex officiomember or elected member of the Judicial Conduct Committee, anotherex officiomember or elected member of the Judicial Conduct Committee, or

(b) where the member unable to act is the lay member, another lay member of the Judicial Conduct Committee.

(4) Where a member of the Judicial Conduct Committee replaces a member of the Complaints Review Committee in accordance withsubsection (2)or(3), the period of time served by that member of the Judicial Conduct Committee as such a replacement shall not be considered a term of membership for the purposes ofsection 55.]

56. Review of determination that complaint, or part of complaint, is inadmissible

56. (1) Where the Registrar determines under section 53 that a complaint is inadmissible, the complainant may seek a review of the determination by request in writing in that behalf to the Registrar not later than 30 days after the date of receiving notification of that determination.

(2) Where the Registrar receives a request for a review of a determination that a complaint is inadmissible, the Registrar shall refer the complaint to the Complaints Review Committee and he or she shall notify the complainant and the judge concerned in writing that the complaint has been so referred.

(3) The Complaints Review Committee shall consider a complaint referred to it under subsection (2) and shall determine in accordance with subsections (2) and (3) of section 53 whether or not the complaint is admissible in whole or in part and, if that Committee determines that the complaint is admissible in part only, identify the part of the complaint that is admissible (which, following that determination, is deemed to constitute the complaint for the purposes of this Act).

(4) Where the Complaints Review Committee is satisfied that a complaint, or a part of a complaint, would be admissible but for its having been made after the expiration of the period specified in subsection (1) or (2), as may be appropriate, of section 51, that Committee shall refer the complaint, or that part of the complaint, to the Judicial Conduct Committee for its determination under subsection (3) of that section as to whether that period should be extended and, in the event of such an extension, the complaint, or that part of the complaint, shall be dealt with in accordance with section 60.

(5) The Complaints Review Committee shall notify the Registrar in writing of its determination under subsection (3), or a referral of a complaint, or a part of a complaint, as the case may be, under subsection (4), and the reasons therefor.

(6) On receiving a notification under subsection (5) from the Complaints Review Committee that a complaint, or a part of a complaint, is admissible or of a referral of a complaint, or a part of a complaint, as the case may be, under subsection (4), the Registrar shall, as soon as practicable thereafter, notify the complainant, the judge concerned and the Judicial Conduct Committee in writing of the determination or referral, as the case may be, and the reasons therefor.

(7) On receiving a notification under subsection (5) from the Complaints Review Committee that a complaint is inadmissible, the Registrar shall—

(a) notify the complainant and the judge concerned in writing of the determination of the Complaints Review Committee and the reasons therefor, and

(b) take no further action in relation to the complaint.

(8) This section shall apply, with any necessary modifications, to a part of a complaint that is determined by the Registrar under section 53(4) to be inadmissible.

57. Withdrawal of complaint under consideration by Registrar or Complaints Review Committee

57. (1) Where a complaint is withdrawn while it is being considered by the Registrar under section 53, the Registrar may—

(a) decide that no further action should be taken in relation to the matter that is the subject of the complaint, or

(b) refer the matter that is the subject of the complaint to the Judicial Conduct Committee for a decision by that Committee on whether or not to initiate an investigation in relation thereto under section 59.

(2) Where a complaint is withdrawn while it is being considered by the Complaints Review Committee under section 56, the Complaints Review Committee may—

(a) decide that no further action should be taken in relation to the matter that is the subject of the complaint, or

(3) (a) Where the Registrar decides in accordance with subsection (1) that no further action should be taken in relation to a complaint, no further action shall be taken in relation to the complaint.

(b) Where the Complaints Review Committee decides in accordance with subsection (2) that no further action should be taken in relation to a complaint, no further action shall be taken in relation to the complaint.

(4) (a) The Registrar shall, as soon as practicable after the making of a decision or referral under subsection (1), notify the complainant and the judge concerned thereof in writing.

(b) The Complaints Review Committee shall notify the Registrar of a decision or referral under subsection (2), and the Registrar shall, as soon as practicable thereafter, notify the complainant and the judge concerned thereof in writing.

58. If judge concerned consents to reprimand by Judicial Conduct Committee before complaint is investigated

58. (1) The judge concerned may, at any time after a complaint in respect of him or her is determined to be admissible under section 53 or 56 and before a panel of inquiry is appointed under section 64(1) to investigate the complaint, inform the Judicial Conduct Committee in writing that he or she consents to the issuing of a reprimand to him or her in relation to the complaint.

(2) The Judicial Conduct Committee shall, upon being informed under subsection (1) by the judge concerned that he or she consents to the issuing of a reprimand to him or her in relation to the complaint concerned, consider the nature, gravity and circumstances of the complaint and, if satisfied that it is appropriate to do so having regard to the interests of the administration of justice, issue a reprimand to the judge concerned.

(3) The reprimand of the judge concerned under subsection (2) may provide for any one or more of the matters specified in paragraphs (a) to (c) of section 76(5).

(4) The Registrar shall, as soon as practicable after the Judicial Conduct Committee issues a reprimand to the judge concerned under subsection (2), notify the complainant in writing thereof.

59. Investigations of judicial misconduct in absence of, or after withdrawal of, complaint

59. (1) F11[The Judicial Conduct Committee may refer any matter relating to the conduct of a judge, including any matter which was the subject of a complaint in respect of a judge which is withdrawn, to a panel of inquiry for investigation if]—

(a) it is satisfied that there exists prima facie evidence of judicial misconduct by the judge, and

(b) it considers it necessary to do so for the purposes of safeguarding the administration of justice.

(2) The provisions of this Part relating to investigations and reports shall apply with all necessary modifications in relation to a matter referred to a panel of inquiry under subsection (1) as if that matter were the subject of a complaint.

(3) Where a matter is referred to the Judicial Conduct Committee under subsection (1) or (2) of section 57 and the Judicial Conduct Committee decides under subsection (1) of this section not to refer the matter that is the subject of the complaint for investigation, no further action shall be taken in relation to that matter and the Registrar shall, as soon as practicable thereafter, notify the complainant and the judge whose conduct is the subject of the withdrawn complaint in writing of that decision.

(4) Where a matter is referred to the Judicial Conduct Committee under subsection (1) or (2) of section 57 and the Judicial Conduct Committee decides under subsection (1) of this section to refer the matter for investigation, the Registrar shall, as soon as practicable thereafter, notify the complainant of that decision.

(5) Where the Judicial Conduct Committee decides under subsection (1) to refer a matter for investigation, the Registrar shall, as soon as practicable thereafter, notify the judge whose conduct is being investigated thereof in writing and provide him or her with particulars of the alleged judicial misconduct concerned.

60. Referral of complaint for resolution by informal means or investigation

60. (1) Whenever a complaint is determined to be admissible under section 53 or 56, the Judicial Conduct Committee shall either—

(a) refer the complaint for resolution by informal means under Chapter 4 if it is satisfied that it is appropriate to so do, or

(b) refer the complaint to a panel of inquiry appointed for that purpose under section 64 for investigation.

(2) Where a complaint relates to conduct in relation to proceedings that have not been finally determined, the Judicial Conduct Committee may, where it considers it appropriate to do so, adjourn any investigation of the complaint under this Part pending the final determination of the proceedings.

(3) Whenever the Judicial Conduct Committee receives a report under section 63(1), it shall consider the report and shall refer the complaint to a panel of inquiry appointed for that purpose under section 64 for investigation.

(4) Whenever the Judicial Conduct Committee receives a report under section 63(4), it shall consider the report and may, where it considers it appropriate to so do, refer the complaint to a panel of inquiry appointed for that purpose under section 64 for investigation.

(5) The Registrar shall, as soon as practicable after the performance by the Judicial Conduct Committee of any function in relation to a complaint under the foregoing provisions of this section, notify the complainant and the judge concerned in writing thereof.

Chapter 4

61. Referral of complaint for resolution by informal means

61. (1) Where the Judicial Conduct Committee decides under section 60(1) to refer a complaint in respect of the judge concerned for resolution by informal means, it shall request in writing the designated judge or designated judges to undertake the resolution of the complaint by informal means in accordance with this Chapter.

(2) The designated judge or designated judges may, upon receipt by him, her or them of a request under subsection (1), appoint not more than 3 judges of the court of which the judge concerned is a judge to undertake the resolution by informal means in accordance with this Chapter of the complaint concerned on behalf of that designated judge or those designated judges, and the judge or judges so appointed shall undertake the resolution by informal means of that complaint accordingly.

(3) References in this Chapter (other than in this section) to the designated judge or designated judges shall, in the case of a complaint in respect of which an appointment or appointments is or are made under subsection (2), be construed as references to the judge or judges appointed under that subsection.

62. Resolution of complaints by informal means

62. (1) No attempt shall be made to resolve a complaint by informal means pursuant to this Chapter without the consent of the complainant and the judge concerned.

(2) A consent given by the judge concerned for the resolution of the complaint concerned by informal means shall not be taken as an admission of any allegation made in that complaint against that judge.

(3) Subject to section 63, an answer given or statement made, in the course of attempting to resolve a complaint pursuant to this Chapter, by the complainant or the judge concerned shall not—

(a) be communicated to any person other than the persons participating in the attempt to resolve the complaint, or

(b) be admissible in any disciplinary, civil or criminal proceedings.

(4) The resolution of a complaint by informal means pursuant to this Chapter shall not include the payment of any financial compensation.

63. Report to Judicial Conduct Committee from designated judge or designated judges

63. (1) If the designated judge or designated judges are of opinion that a complaint referred to him, her or them under section 60(1)(a) is not suitable for resolution by informal means, he, she or they shall prepare, and submit to the Judicial Conduct Committee, a report in writing specifying the reasons for that opinion.

(2) The designated judge or designated judges shall, where he, she or they are satisfied that a complaint referred to him, her or them under section 60(1)(a) has been resolved by informal means prepare, and submit to the Judicial Conduct Committee, a report in writing specifying particulars of the resolution of the complaint, and the Judicial Conduct Committee shall take note of the report and take no further action in relation to the complaint.

(3) Following receipt by the Judicial Conduct Committee of a report under subsection (2), the Registrar shall notify the complainant and the judge concerned in writing that in view of the resolution of the complaint concerned pursuant to this Chapter no further action will be taken by the Judicial Conduct Committee in relation to that complaint.

(4) The designated judge or designated judges shall, where a complaint referred to him, her or them under section 60(1)(a) has not been resolved by informal means, prepare, and submit to the Judicial Conduct Committee, a report in writing specifying the following:

(a) particulars of the complaint;

(b) the reasons why, in the opinion of the designated judge or designated judges, the complaint was not resolved by informal means.

Chapter 5

64. Referral of complaint by Judicial Conduct Committee to panel of inquiry

64. (1) The Judicial Conduct Committee shall, where it decides to refer a complaint to a panel of inquiry under subsection (1)(b), (3) or (4) of section 60, appoint a panel of inquiry to investigate the complaint.

(2) A notification under subsection (5) of section 60 (other than a notification of a decision under subsection (1)(a) or (2) of that section) to the judge concerned shall inform him or her—

(a) of the referral of a complaint to a panel of inquiry for investigation,

(b) of the particulars of the complaint, including any evidence in support of the complaint, and

(c) that if the panel of inquiry conducts a hearing in connection with the investigation of the complaint, he or she is entitled—

(i) either in person or through his or her representative to attend and defend himself or herself at the hearing, and

(ii) to request—

(I) where no direction is given under section 68(5), that some or all of the hearing be conducted otherwise than in public, or

(II) where a direction is given under section 68(5), the effect of which is that part of the hearing be conducted in public, that such part be conducted otherwise than in public.

(3) A notification under subsection (5) of section 60 (other than a notification of a decision under subsection (1)(a) or (2) of that subsection) to the complainant shall inform him or her that if the panel of inquiry conducts a hearing in connection with the investigation of the complaint he or she is entitled to request—

(a) where no direction is given under section 68(5), that some or all of the hearing be conducted otherwise than in public, or

(b) where a direction is given under section 68(5), the effect of which is that part of the hearing be conducted in public, that such part be conducted otherwise than in public.

(4) The Judicial Conduct Committee shall not accede to a request under subsection (2)(c)(ii) or (3) in the absence of reasonable and sufficient cause.

65. Recommendations for nomination of lay members of panels of inquiry

65. (1) The Government shall request the Public Appointments Service to undertake a selection process for the purpose of identifying and recommending to the Government persons who it is satisfied are suitable for appointment to be lay members of panels of inquiry and, accordingly, the Public Appointments Service shall comply with that request and, following the conduct of such a selection process, make a recommendation to the Government in respect of persons who participated in such process in relation to whom it is so satisfied.

(2) Subject to subsection (3) and section 66(3), the Minister shall agree with the Public Appointments Service the selection criteria and procedures that are to apply to a selection process under this section.

(3) For the purposes of making a recommendation under this section, the Public Appointments Service shall have regard to the desirability that the lay members of a panel of inquiry will, among them, possess knowledge of, and experience in, as many as possible of the following matters:

(a) the maintenance of standards in professions regulated by a statutory or other body;

(b) dealing with complaints made against members of such professions;

(d) the administration of justice;

(e) the management and provision of services to members of the public.

(4) Subject to subsection (3), the Public Appointments Service shall not make a recommendation under this section in respect of a person unless it is satisfied that the person possesses such relevant experience, qualifications, training or expertise as is appropriate having regard to the functions of a panel of inquiry as would render him or her suitable for appointment to be a lay member of a panel of inquiry.

(5) The Public Appointments Service shall provide the Government with particulars of the experience, qualifications, training and expertise of each person in respect of whom it makes a recommendation under this section.

66. Nomination for appointment of lay members of panels of inquiry

66. (1) From time to time, the Government shall, from among persons in respect of whom a recommendation has been made under section 65, nominate not fewer than 7 persons and not more than 12 persons for appointment by the Judicial Conduct Committee under section 67(1)(b) to be lay members of panels of inquiry.

(2) The Government shall, insofar as practicable and having regard to relevant experience, endeavour to ensure that not fewer than 40 per cent of persons nominated under subsection (1) are women.

(3) A person shall not be eligible to be nominated under subsection (1), or appointed under section 67, to be a lay member of a panel of inquiry—

(a) if the person is a member of either House of the Oireachtas, the European Parliament or a local authority,

(b) if, in the case of a person who was a member of either House of the Oireachtas, the European Parliament or a local authority and who has ceased to be such a member, a period of 5 years has not yet elapsed since he or she was a member of either such House, such Parliament or a local authority,

(d) if the person is a judge or a former judge of—

(i) the General Court of the European Union,

(ii) the Court of Justice of the European Union,

(iii) the European Court of Human Rights,

(iv) the International Court of Justice,

(v) the International Criminal Court, or

(vi) an international tribunal,

(e) if the person is an Advocate-General or a former Advocate-General of the Court of Justice of the European Union,

(f) if the person is a lay member of the Judicial Conduct Committee,

(g) if the person is a practising barrister or solicitor,

(h) if, in the case of a person who was a practising barrister or solicitor and who has ceased to be a practising barrister or practising solicitor, a period of 5 years has not elapsed since he or she last practised as a barrister or solicitor, or

(i) if the person is a civil servant.

(4) If a lay member of a panel of inquiry—

(a) is nominated to be a member of Seanad Éireann,

(b) is elected to be a member of either House of the Oireachtas or to be a member of the European Parliament,

(c) is regarded pursuant to Part XIII of the Second Schedule to the European Parliament Elections Act 1997 as having been elected to be a member of the European Parliament,

(d) is elected or co-opted to be a member of a local authority,

(e) is appointed to be a judge of—

(i) the General Court of the European Union,

(ii) the Court of Justice of the European Union,

(iii) the European Court of Human Rights,

(iv) the International Court of Justice,

(v) the International Criminal Court, or

(vi) an international tribunal,

(f) is appointed to be an Advocate-General of the Court of Justice of the European Union,

(g) is appointed to be a member of the Judicial Conduct Committee,

(h) commences practice as a barrister or solicitor, or

(i) becomes a civil servant,

he or she shall thereupon cease to be a lay member of the panel of inquiry.

(5) A person nominated under subsection (1) may, by notice in writing given or sent to the chairperson of the Judicial Conduct Committee, indicate that he or she no longer wishes to be considered for appointment by that Committee under section 67(1)(b) to a panel of inquiry and, upon receipt of that notice by the chairperson of that Committee, the nomination under subsection (1) in respect of that person shall cease to have effect.

(6) The chairperson of the Judicial Conduct Committee shall inform the Minister of any notice received by him or her under subsection (5).

67. Appointment of members of panel of inquiry

67. (1) The Judicial Conduct Committee shall appoint 3 persons to be members of a panel of inquiry for the purposes of this Chapter, namely—

(a) two judges (other than an ex officio member of the Judicial Conduct Committee or an elected member of the Judicial Conduct Committee), one of whom shall be a judge of the court of which the judge concerned is a judge and the other of whom shall be a judge of another court, and

(b) one lay member nominated under section 66.

(2) The Judicial Conduct Committee shall appoint one member of a panel of inquiry appointed under subsection (1) to be its chairperson.

(3) For the purposes of subsection (1)(a), where the judge concerned whose conduct is being investigated is—

(a) the President of the Court of Appeal, he or she shall be considered to be a judge of the Supreme Court,

(b) the President of the High Court, he or she shall be considered to be a judge of the Court of Appeal,

(d) the President of the District Court, he or she shall be considered to be a judge of the Circuit Court.

(4) A member of a panel of inquiry appointed under subsection (1) may resign from the panel of inquiry by notice in writing given or sent to the chairperson of the Judicial Conduct Committee and the resignation shall take effect on the day on which the chairperson of the Committee receives the notice, but such resignation shall not of itself prevent his or her appointment to, or continued membership of, another panel of inquiry.

(5) (a) Where a member of a panel of inquiry appointed under subsection (1)(a) was, at the time of his or her appointment to be such a member, a judge of the court of which the judge concerned is a judge and he or she subsequently ceases to be a judge of that court, he or she shall thereupon cease to be a member of the panel of inquiry.

(b) Where a member of a panel of inquiry appointed under subsection (1)(a) ceases to be a judge, he or she shall thereupon cease to be a member of the panel of inquiry.

(6) If a member of a panel of inquiry resigns or otherwise ceases to be a member of a panel of inquiry, the Judicial Conduct Committee may—

(a) if the member was a judge of the court of which the judge concerned is a judge, appoint a judge of that court,

(b) if the member was a judge of a court other than the court of which the judge concerned is a judge, appoint a judge of a court other than the latter court but who may be a judge of a court other than the former court, or

(c) if the member was a lay member of the panel of inquiry, appoint a person standing nominated for the time being under section 66,

to replace the member of the panel of inquiry who resigned or otherwise ceased to be a member thereof.

(7) A member of the staff of the Council (other than the Registrar), nominated by the chairperson of the Judicial Conduct Committee, shall act as registrar to a panel of inquiry (in this Act referred to as “registrar to a panel of inquiry”).

68. Conduct of investigation

68. (1) A panel of inquiry shall, in accordance with this section, investigate a complaint referred to it under section 60.

(2) For the purposes of the investigation of a complaint under this section, a panel of inquiry may seek such information or documents relating to the complaint as it considers appropriate.

(3) A panel of inquiry may conduct a hearing in connection with its investigation of a complaint.

(4) The registrar to a panel of inquiry shall notify the judge concerned and the complainant in writing of the date, time and place of a hearing under subsection (3) in sufficient time for the judge concerned and the complainant to prepare for the hearing.

(5) A hearing of a complaint before a panel of inquiry shall be conducted in public unless the Judicial Conduct Committee directs that in order to safeguard the administration of justice the hearing should be conducted in whole or in part otherwise than in public.

(6) At a hearing of a complaint before a panel of inquiry—

(a) the registrar to the panel of inquiry shall present particulars of the complaint,

(b) the testimony of witnesses attending the hearing shall be given on oath, and

(7) Any member of a panel of inquiry investigating a complaint, or the registrar to the panel of inquiry, may administer an oath for the purposes of the investigation of the complaint.

69. Powers and protections relating to witnesses and evidence

69. (1) For the purposes of the investigation of a complaint under this Chapter, a panel of inquiry shall have all the powers, rights and privileges that are vested in the High Court or a judge thereof on the hearing of an action and that relate to—

(a) enforcing the attendance of witnesses,

(b) examining witnesses on oath or otherwise, and

(c) compelling the production (including discovery) of records, including a record of proceedings in court or a transcript of such a record.

(2) Without prejudice to the generality of subsection (1), a summons issued on behalf of a panel of inquiry by the chairperson of the panel of inquiry or by such other member of the panel of inquiry as is authorised by the panel of inquiry for that purpose may be substituted for and is the equivalent of any formal process capable of being issued in an action for enforcing the attendance of witnesses or compelling the production of documents.

(3) Subject to any procedures in force and to the necessity of observing fair procedures, a panel of inquiry may receive—

(a) oral evidence given before the panel of inquiry,

(b) evidence by affidavit, or

(c) evidence in such manner (including by means of a live video link, a video recording, a sound recording or any other mode of transmission) as is authorised by procedures specified under section 52.

(4) A person shall be guilty of an offence if he or she—

(a) fails without reasonable excuse to comply with a summons issued by a panel of inquiry or to attend before the panel of inquiry at the time and place specified in the summons,

(b) while attending as a witness before a panel of inquiry refuses to—

(i) take an oath lawfully required by the panel of inquiry to be taken,

(ii) produce any document in the person’s power or control that the person is lawfully required by the panel of inquiry to produce, or

(iii) answer any question that the person is lawfully required by the panel of inquiry to answer,

(c) while attending before a panel of inquiry does anything that, if the panel of inquiry were a court of law having power to punish for contempt, would be contempt of court, or

(d) gives evidence before a panel of inquiry that if it had been given by the person in proceedings before a court would have constituted the offence of perjury.

(5) A person guilty of an offence under paragraph (a), (b) or (c) of subsection (4) shall be liable on summary conviction to a class A fine.

(6) A person guilty of an offence under subsection (4)(d) shall be liable—

(a) on summary conviction, to such fine or such term of imprisonment as he or she would be liable to if he or she were convicted summarily of the offence of perjury or both, or

(b) on conviction on indictment, to such fine or such term of imprisonment as he or she would be liable to if he or she were convicted on indictment of the offence of perjury or both.

(7) In this section—

“record of proceedings in court” means a contemporaneous record of proceedings in court made, in accordance with rules of court, by any means, including any sound or other recording capable of being reproduced in legible, audible or visual form;

“transcript”, in relation to a record of proceedings in court, means a transcript of the record of such proceedings that is made by a person appointed by the Courts Service for that purpose in accordance with rules of court.

70. Failure or refusal by complainant to cooperate with panel of inquiry

70. (1) Where, at any time during the course of an investigation, a panel of inquiry investigating a complaint under this Chapter, considers that the complainant has failed or refused to make reasonable efforts to cooperate with the investigation, the panel of inquiry shall prepare, and submit to the Judicial Conduct Committee, a report of such failure or refusal to cooperate and may suspend its investigation pending receipt of a direction from the Judicial Conduct Committee under subsection (2).

(2) The Judicial Conduct Committee shall, after considering a report received by it under subsection (1), give a direction to the panel of inquiry to—

(a) proceed with the investigation to which the report relates, or

(b) discontinue that investigation.

(3) If the Judicial Conduct Committee directs a panel of inquiry under subsection (2) to discontinue the investigation of a complaint—

(a) the complaint shall be deemed to have been withdrawn by the complainant and no further action shall be taken in relation thereto, and

(b) the Registrar shall notify the complainant and the judge concerned thereof in writing.

71. Failure or refusal by judge concerned to cooperate with panel of inquiry

71. (1) Where the judge concerned fails or refuses without reasonable excuse to cooperate with an investigation of a complaint under this Chapter, the panel of inquiry may, if it considers it appropriate in all the circumstances, decide to discontinue the investigation.

(2) If an investigation is discontinued under subsection (1), the panel of inquiry shall prepare, and submit to the Judicial Conduct Committee, a report in writing setting out the circumstances of the failure or refusal of the judge concerned to cooperate and—

(a) shall recommend the issuing of a reprimand to the judge concerned in respect of his or her failure or refusal to cooperate, and

(b) may make such recommendations as the panel of inquiry considers necessary for the purposes of safeguarding the administration of justice.

(3) Without prejudice to the generality of subsection (2) —

(a) a recommendation under paragraph (a) of that subsection shall provide for one or more of the following:

(i) the issuing of advice to the judge concerned;

(ii) the making of a recommendation to the judge concerned as to a course of action to be pursued by that judge, including his or her attendance at a specified type of course or training;

(iii) the issuing of an admonishment to the judge concerned,

and

(b) a recommendation under paragraph (b) of that subsection may include a recommendation to which section 76(6) applies.

(4) Sections 77 and 78 shall, with any necessary modifications, apply to a report of a panel of inquiry under subsection (2) as they apply to an interim report or a final report of a panel of inquiry referred to in those sections.

(5) The Judicial Conduct Committee shall consider the report received from the panel of inquiry under subsection (2) and shall make such determination in relation to the investigation of the complaint concerned as it considers appropriate and, in doing so, may accept, with or without modification, or reject any recommendation contained in that report.

(6) The Registrar shall, as soon as practicable after the Judicial Conduct Committee makes a determination under subsection (5), notify the judge concerned and the complainant in writing of—

(a) the determination of the Judicial Conduct Committee, and

(b) the reasons therefor.

72. Matter before panel of inquiry concerning health of judge

72. (1) Where during the course of an investigation by a panel of inquiry under this Chapter, the panel of inquiry forms the view that the conduct that is the subject of the complaint under investigation may be related to the health (whether physical or mental) of the judge concerned, the panel of inquiry shall, having given the judge concerned an opportunity to address the matter, prepare, and submit to the Judicial Conduct Committee, a report in writing stating that view and the reasons therefor.

(2) Where the judge concerned informs the panel of inquiry that he or she has taken, or is taking, steps to address the matter related to his or her health referred to in subsection (1), the panel of inquiry shall specify those steps in its report under that subsection.

(3) The Judicial Conduct Committee, upon receiving a report under subsection (1), shall as soon as practicable thereafter—

(a) where the judge concerned is an ordinary judge of the Supreme Court, submit the report to the Chief Justice,

(b) where the judge concerned is an ordinary judge of the Court of Appeal, the High Court or the Circuit Court or a specialist judge of the Circuit Court or a judge of the District Court other than the President of that Court, submit the report to the President of the Court of which the judge concerned is a judge,

(c) where the judge concerned is the President of the Court of Appeal, the President of the High Court, the President of the Circuit Court or the President of the District Court, submit the report to the Chief Justice, or

(d) where the judge concerned is the Chief Justice, submit the report to the President of the Court of Appeal, the President of the High Court, the President of the Circuit Court and the President of the District Court.

(4) In the circumstances referred to in subsection (2), the investigation of the complaint concerned shall be discontinued and the Registrar shall notify the complainant and the judge concerned thereof in writing.

(5) Where a panel of inquiry makes a report under subsection (1) and the circumstances referred to in subsection (2) do not apply, it shall adjourn the investigation of the complaint concerned and the registrar to the panel of inquiry shall notify the complainant and the judge concerned in writing of the adjournment.

(6) Other than in the circumstances referred to in subsection (2), where the Chief Justice, the President of the Court of Appeal, the President of the High Court, the President of the Circuit Court or the President of the District Court receives a report under subsection (3), he, she or they, as the case may be, may—

(a) recommend to the judge concerned that—

(i) he or she seek medical or other specified assistance, or

(ii) take such other steps as the judge or judges who received the report consider appropriate,

and

(b) prepare, and submit to the Judicial Conduct Committee, a report in relation to the making of the recommendation under paragraph (a).

(7) If a judge to whom a recommendation is made under subsection (6)(a) complies with the recommendation, the investigation of the complaint concerned shall be discontinued and the Registrar shall notify the complainant and the judge concerned thereof in writing.

(8) If a judge to whom a recommendation is made under subsection (6)(a) does not comply with the recommendation, the judge or judges who made the recommendation shall prepare, and submit to the Judicial Conduct Committee, a report in relation to the judge’s not complying with that recommendation.

(9) The Judicial Conduct Committee may, upon receiving a report under subsection (8), direct the panel of inquiry to continue the investigation of the complaint concerned.

(10) Where the Judicial Conduct Committee gives a direction under subsection (9), the Registrar shall notify the complainant and the judge concerned thereof in writing.

73. If judge concerned consents to reprimand by Judicial Conduct Committee before conclusion of investigation

73. (1) Where, before or during an investigation of a complaint by a panel of inquiry under this Chapter, the judge concerned informs the panel of inquiry that, in relation to the complaint, he or she consents to the issuing of a reprimand to him or her, the panel of inquiry may, if it considers it appropriate having regard to the nature, gravity and circumstances of the complaint and the need to safeguard the administration of justice—

(a) adjourn the investigation of the complaint in accordance with section 75, and

(b) prepare, and submit to the Judicial Conduct Committee, a report in relation to the complaint.

(2) Section 76 shall, notwithstanding the fact that an investigation of a complaint to which this section applies has not concluded, apply in relation to a report referred to in subsection (1)(b) with any necessary modifications.

74. Withdrawal of complaint while it is being investigated by panel of inquiry

74. (1) Where a complaint is withdrawn by the complainant during the course of an investigation under this Chapter, the panel of inquiry appointed to conduct the investigation may, with the consent of the Judicial Conduct Committee, either—

(a) decide that no further action should be taken in relation to the complaint, or

(b) decide to proceed with the investigation as if the complaint had not been withdrawn.

(2) Where a panel of inquiry makes a decision under subsection (1)(b), the panel of inquiry shall continue with the investigation of the complaint concerned as if that complaint had not been withdrawn and that investigation shall be deemed to have been initiated under section 59 and treated for all purposes as having been so initiated.

(3) The Registrar shall notify the complainant and the judge concerned in writing of a decision under subsection (1) as soon as practicable after the making of the decision.

75. Adjournment of investigation of complaint by panel of inquiry

75. (1) A panel of inquiry may adjourn an investigation of a complaint under this Chapter at any time during the course of the investigation if it appears to the panel of inquiry to be appropriate to so do.

(2) Where a panel of inquiry adjourns an investigation of a complaint under subsection (1), it may—

(a) resume the investigation at any time, or

(b) prepare, and submit to the Judicial Conduct Committee, an interim report in writing specifying the reasons for the adjournment of the investigation.

(3) The Judicial Conduct Committee shall, as soon as practicable after receiving an interim report under subsection (2)(b), consider the interim report and give a direction in writing to the panel of inquiry requiring it to—

(a) resume the investigation of the complaint concerned, or

(b) discontinue that investigation.

(4) Where the Judicial Conduct Committee gives a direction under subsection (3)(b) to the panel of inquiry requiring it to discontinue the investigation of the complaint concerned under this Chapter, the Registrar shall, as soon as practicable thereafter, notify the judge concerned and the complainant in writing of—

(a) that direction, and

(b) the reasons therefor.

76. Report of panel of inquiry submitted to Judicial Conduct Committee

76. (1) A panel of inquiry shall, upon its completing an investigation of a complaint under this Chapter, prepare, and submit to the Judicial Conduct Committee, a report in writing of the investigation.

(2) A report of a panel of inquiry under subsection (1) shall specify—

(a) particulars of the complaint,

(b) the evidence (if any) in relation to the complaint presented to the panel of inquiry, and

(3) Where a panel of inquiry finds that an allegation in a complaint has been proved, the report of the panel of inquiry under subsection (1) shall include the reasons for that finding and—

(a) such recommendations as the panel of inquiry considers appropriate for reprimanding the judge concerned, and

(b) such recommendations (if any) as the panel of inquiry considers necessary for the purposes of safeguarding the administration of justice.

(4) Where a panel of inquiry finds that an allegation in a complaint has not been proved, the report of the panel of inquiry under subsection (1) shall include the reasons for that finding.

(5) Without prejudice to the generality of subsections (2) and (3), a recommendation under subsection (3)(a) shall provide for any one or more of the following:

(a) the issuing of advice to the judge concerned;

(b) the making of a recommendation that the judge concerned pursue a specified course of action, including attending a course or training of a specified type;

(6) Without prejudice to the generality of subsections (2) and (3), a recommendation under subsection (3)(b) —

(a) may be made to—

(i) the Chief Justice, where the judge concerned is an ordinary judge of the Supreme Court, the President of the Court of Appeal, the President of the High Court, the President of the Circuit Court or the President of the District Court,

(ii) the President of the Court of Appeal, the President of the High Court, the President of the Circuit Court and the President of the District Court, where the judge concerned is the Chief Justice, or

(iii) the President of the court of which the judge concerned is a judge, in the case of a judge other than a judge to whom subparagraph (i) or (ii) applies,

(b) may recommend that changes be made to court procedures, practice directions, distribution of work or may also concern related matters,

or both.

77. Draft report to be sent to complainant and judge concerned

77. (1) The registrar to a panel of inquiry shall, before the panel of inquiry submits an interim report or a final report to the Judicial Conduct Committee in relation to an investigation of a complaint under this Chapter, send a draft of the report to—

(a) the judge concerned, and

(b) the complainant.

(2) The draft of a report referred to in subsection (1) shall be accompanied by a notice from the panel of inquiry specifying the period within which submissions or requests may be made to the panel of inquiry under section 78(1).

78. Amendment of draft report

78. (1) A complainant or the judge concerned who receives a draft report from the registrar to a panel of inquiry under section 77 and who believes that the panel of inquiry has not observed fair procedures in relation to him or her may, within the period specified in a notice under that section, submit to the registrar to the panel of inquiry a statement in writing setting out the reasons for his or her belief and a request to the panel of inquiry to review the draft report having regard to the statement.

(2) Where a panel of inquiry does not receive a statement under subsection (1) within the period specified in the notice under section 77, it shall, as soon as practicable after the expiration of that period, submit its report to the Judicial Conduct Committee.

(3) Where a panel of inquiry receives a statement under subsection (1), it may, after considering the statement and reviewing the draft report—

(a) amend the draft report to take account of the statement received, or

(b) decline to make any amendments to the draft report.

(4) A statement received by a panel of inquiry under subsection (1) shall be attached to the report submitted to the Judicial Conduct Committee under section 76.

(5) If a draft report is not amended, or is only partially amended, to take account of a statement received under subsection (1), the reasons for that shall be included in the report submitted to the Judicial Conduct Committee under section 76.

79. Determination of complaint by Judicial Conduct Committee

79. (1) The Judicial Conduct Committee shall, as soon as practicable after receiving a report under section 76 from a panel of inquiry in relation to a complaint that was the subject of an investigation, notify the complainant and the judge concerned in writing that he or she may make submissions, in writing or orally, to the Committee within such period as is specified in the notification in relation to the recommendations that may be included in the report under subsection (3) of that section.

(2) The Judicial Conduct Committee shall, as soon as practicable after the expiration of the period specified in a notification under subsection (1) —

(a) consider—

(i) the report received from the panel of inquiry under section 76, and

(ii) any submissions made by the complainant or the judge concerned pursuant to a notification under subsection (1),

and

(b) make such determination of the complaint concerned as it considers appropriate, including whether or not the complaint has been substantiated.

(3) The Judicial Conduct Committee may, for the purposes of—

(a) assisting it in making a decision under subsection (2), or

(b) observing fair procedures,

conduct a hearing in relation to a complaint that has been the subject of an investigation to which a report under section 76 relates if, having regard to all the circumstances, it considers it appropriate to do so.

(4) The Registrar shall notify the judge concerned and the complainant in writing of the date, time and place of a hearing under subsection (3) in sufficient time for the judge concerned and the complainant to prepare for the hearing.

(5) Subsections (5) to (7) of section 68 shall apply to a hearing under subsection (3) as they apply to a hearing of a complaint under that section with the following and any other necessary modifications:

(a) references to a panel of inquiry shall be construed as references to the Judicial Conduct Committee;

(b) references to the registrar to the panel of inquiry shall be construed as references to the Registrar.

(6) Section 69 shall apply for the purposes of a hearing under subsection (3)as it applies to the investigation of a complaint under this Chapter by a panel of inquiry subject to the modification that references in that section to a panel of inquiry shall be construed as references to the Judicial Conduct Committee.

(7) A determination under subsection (2)(b) —

(a) shall be in writing,

(b) shall give the reasons for the determination, and

(8) In considering the report of a panel of inquiry and issuing a determination under subsection (2), the Judicial Conduct Committee may accept, with or without modification, or reject any recommendation contained in the report submitted by the panel of inquiry to the Judicial Conduct Committee under section 76.

(9) Where a determination made by the Judicial Conduct Committee under subsection (2) requires no action to be taken by the judge concerned or is to the effect that the complaint has not been substantiated, the determination shall specify that the investigation of the complaint is concluded.

(10) Where a determination made by the Judicial Conduct Committee under subsection (2) requires the judge concerned to take any action, the Judicial Conduct Committee may—

(a) require the judge concerned to report to the Judicial Conduct Committee in the manner specified by that Committee regarding his or her compliance with the requirement, and

(b) adjourn the matter for such period as the Committee considers appropriate and at the end of that period ascertain whether or not the determination has been complied with by the judge concerned.

(11) The Registrar shall, as soon as practicable after the Judicial Conduct Committee makes a determination under subsection (2), notify the judge concerned and the complainant in writing of—

(a) the determination of the Judicial Conduct Committee,

(b) the reasons therefor, and

(c) where a matter has been adjourned under subsection (10)(b), the manner in which the judge is to report to the Judicial Conduct Committee and the period within which he or she shall do so.

(12) Where the Judicial Conduct Committee receives a report from the judge concerned under subsection (10)(a) and is of opinion that the determination has been complied with, it shall notify the judge concerned and the complainant in writing that the investigation of the complaint is concluded.

(13) Where the Judicial Conduct Committee—

(a) does not receive a report from the judge concerned under subsection (10)(a) within the period specified by the Judicial Conduct Committee under subsection (11)(c), or

(b) receives a report from the judge concerned under subsection (10)(a) but is not satisfied that the determination has been complied with,

the Committee may take such further action as it considers appropriate in all the circumstances, including the making under section 80 of a referral within the meaning of that section to the Minister in relation to the judge concerned.

(14) Where a hearing relating to the investigation of a complaint has been held in public, the Judicial Conduct Committee shall publish, or cause to be published, a determination under subsection (2).

(15) Where a hearing relating to the investigation of a complaint has been held in whole or in part otherwise than in public, the Judicial Conduct Committee may, for the purposes of safeguarding the administration of justice, decide to publish, or cause to be published, a determination under subsection (2) taking account of the extent to which the identities of the judge concerned and of the complainant or either of them have already been made public.

80. Referral by Judicial Conduct Committee to Minister of matter relating to conduct or capacity of judge for Article 35.4 purposes

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

(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.

Chapter 6

81. Evidence given not admissible in certain proceedings

81. None of the following shall be admissible in evidence against a person in any criminal or other proceedings, except in proceedings for an offence under section 69(4) against a person:

(a) a statement or admission made by the person to the Judicial Conduct Committee or a panel of inquiry under this Part;

(b) a document given or sent to the Judicial Conduct Committee or a panel of inquiry pursuant to a direction or request from the Judicial Conduct Committee or the panel of inquiry, as the case may be, to the person under this Part.

82. Conduct of proceedings

82. (1) Subject to this Act, proceedings relating to the investigation of a complaint under this Part shall be conducted otherwise than in public.

(2) Any proceedings before a court arising out of or connected with a complaint, the admissibility of a complaint, an investigation of a complaint under this Part or the determination of such an investigation shall be conducted in public unless the court directs that in order to safeguard the administration of justice the proceedings should be conducted in whole or in part otherwise than in public.

(3) A person (including a member of a panel of inquiry or the Judicial Conduct Committee) shall not disclose or publish any evidence given or the contents of any document produced by a witness while giving evidence to the panel of inquiry or the Judicial Conduct Committee otherwise than in public under this Part, except—

(a) as directed by a court,

(b) in accordance with section 83, or

(c) to the extent otherwise necessary in the interests of fair procedures and with the consent in writing of the chairperson of the panel of inquiry or the chairperson of the Judicial Conduct Committee, as may be appropriate.

(4) Subsection (3) shall not operate to prohibit the publication in a report under this Act of any findings by a panel of inquiry made on the basis of evidence given otherwise than in public, or the publication in a report under section 87 of information, referred to in subsection (6) or (7) of that section, arising from a determination by the Judicial Conduct Committee made on the basis of evidence given otherwise than in public.

(5) A person who contravenes subsection (3) shall be guilty of an offence and shall be liable on summary conviction to a class A fine.

83. Duty to disclose substance of evidence to other witnesses, etc.

83. (1) Subject to subsection (2), a panel of inquiry shall disclose to a person—

(a) who is directed to attend as a witness before the panel of inquiry,

(b) who attends voluntarily to give evidence to the panel of inquiry, or

the substance of any evidence in the possession of the panel of inquiry that, in the opinion of the panel of inquiry, the person should be aware of for the purposes of the evidence that the person may give to the panel of inquiry.

(2) Subsection (1) does not require the disclosure of the source of any evidence given or document produced by a witness while giving evidence otherwise than in public under this Part, unless the panel of inquiry considers that, in view of the purposes of the investigation or in the interests of fair procedures, the source should be disclosed.

(3) A panel of inquiry shall give a person to whom it discloses the substance of evidence under subsection (1) an opportunity to comment by written or oral submissions on the evidence.

84. Privileges and immunities of witnesses

84. A person who gives evidence to a panel of inquiry or the Judicial Conduct Committee, or who produces or sends a document to a panel of inquiry or the Judicial Conduct Committee, as directed by the panel of inquiry or the Judicial Conduct Committee, as the case may be—

(a) has the same immunities and privileges in respect of that evidence or those documents, and

(b) is, in addition to the penalties provided by this Act, subject to the same liabilities,

as a witness in proceedings in the High Court.

85. Remuneration and expenses of members of Judicial Conduct Committee and panel of inquiry

85. (1) Each ex officio member of the Judicial Conduct Committee and each elected member of the Judicial Conduct Committee shall be paid such allowances for expenses as the Minister, with the consent of the Minister for Public Expenditure and Reform, may determine.

(2) A member of a panel of inquiry who is a judge shall be paid such allowances for expenses as the Minister, with the consent of the Minister for Public Expenditure and Reform, may determine.

(3) Each lay member of the Judicial Conduct Committee and each lay member of a panel of inquiry shall be paid such remuneration (if any) and such allowances for expenses as the Minister, with the consent of the Minister for Public Expenditure and Reform, may determine.

86. Expenses of witnesses

86. The reasonable expenses (not including legal costs) of a person who attends before a panel of inquiry under section 68, or a hearing conducted by the Judicial Conduct Committee under section 79, shall be determined by the Judicial Conduct Committee and paid to the person by the Council out of moneys provided by the Oireachtas.

87. Annual report of Judicial Conduct Committee

87. (1) The Judicial Conduct Committee shall, not later than 6 months after the end of each financial year of the Council, prepare, and submit to the Council and the Minister, a report in writing of its activities during that year.

(2) If, under subsection (1), the first report under that subsection would relate to a period of less than 6 months, that report shall, notwithstanding that subsection, instead relate to the activities of the Judicial Conduct Committee during that period and the financial year of the Council immediately following that period and the Judicial Conduct Committee shall prepare, and submit to the Council and the Minister, that first report as soon as may be, but not later than 6 months, after the end of that financial year.

(3) The Minister shall, as soon as may be after the receipt by him or her of a report under subsection (1), cause copies thereof to be laid before each House of the Oireachtas.

(4) Subject to subsection (5), a report under subsection (1) shall include information on the performance of the functions of the Judicial Conduct Committee during the period to which it relates and, without prejudice to the generality of the foregoing, shall specify in respect of that period—

(a) the number of complaints received,

(b) the number of complaints determined to be admissible by the Registrar,

(c) the number of complaints considered, and the number of complaints determined to be admissible, by the Complaints Review Committee,

(d) the number of complaints resolved by informal means in accordance with Chapter 4,

(e) the number of investigations initiated pursuant to a referral under section 59,

(f) the number of investigations conducted by a panel of inquiry under this Part of complaints or consequent on a referral under section 59,

(g) the number of complaints considered by the Judicial Conduct Committee that were not substantiated,

(h) the number of determinations made by the Judicial Conduct Committee under section 71(5) or 79,

(i) the number of judges who consented to the issuing of reprimands to them in accordance with section 58 or 73, and

(j) the number of complaints that were withdrawn in the circumstances referred to in section 57 or 74.

(5) Subject to subsection (6), the Judicial Conduct Committee shall not include, or cause to be included, in a report under this section any information that would identify, or could reasonably be expected to identify—

(a) the judge concerned, or

(b) the complainant.

(6) The following information shall be included in a report under this section—

(a) where the Judicial Conduct Committee issues a reprimand to a judge under section 71 or section 79(2)(b), the name of the judge concerned and the reprimand issued, and

(b) the name of a judge to whom section 79(13) applies.

(7) The Judicial Conduct Committee shall, as soon as practicable after copies of a report under subsection (1) are laid before both Houses of the Oireachtas under subsection (3), publish the report, or cause the report to be published, in such manner as the Committee considers appropriate.

88. Costs of legal representation

88. (1) Where a hearing is conducted under section 68(3) or 79(3) in relation to a complaint and a determination is made by the Judicial Conduct Committee that the complaint has not been substantiated, the judge concerned may apply to the Committee for the recovery of the reasonable legal costs and expenses associated with his or her legal representation (if any) connected with the hearing.

(2) Where on application to it by the judge concerned under subsection (1), the Judicial Conduct Committee considers that the interests of justice require the payment of the reasonable legal costs and expenses referred to in that subsection, the Committee shall nominate a solicitor, other than a solicitor who was involved in any hearing relating to the complaint concerned, to agree those legal costs and expenses.

(3) In default of agreement under subsection (2), the Judicial Conduct Committee shall—

(a) refer the legal costs and expenses to the Taxing Master of the High Court for taxation, and

(b) nominate a solicitor (which may be the solicitor referred to in subsection (2)) to represent it in such taxation.

(4) The Minister shall be liable to pay to the judge the legal costs and expenses agreed under subsection (2) or taxed under subsection (3), as the case may be.

PART 6 Miscellaneous

89. Power of Oireachtas to remove judge from office unaffected

89. Nothing in this Act shall be construed as affecting the operation of section 4 of Article 35 of the Constitution.

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