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JUDICIAL COUNCIL ACT 2019

Type Act

Publication 2019-07-23

Last updated 2026-07-23

State In force

Text Latest available text

Source Irish Statute Book

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articles 103

This is the most recent text the official source publishes. It is not a snapshot of the law as it stood on the date of each change.

14 amending acts · 2026-07-23, CRIMINAL LAW, CIVIL LAW AND DEFENCE (MISCELLANEOUS PROVISIONS) ACT 2026

Act to provide for the establishment of a body to be known as Comhairlena mBreithiúna or, in the English language, the Judicial Council; to providefor its functions and for related matters

Reform history JSON API

(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 Miscellaneous provisions relating to Judicial Conduct Committee and panels of inquiry

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.

89A. F12[Amendments to personal injuries guidelines

89A. (1) Notwithstanding anything contained in this Act, the personal injuries guidelines adopted by the Council on 6 March 2021 (in this section referred to as the "guidelines") that, for the avoidance of doubt, have continued in force since 24 April 2021 (being the date on which section 99 came into operation), shall, on and after the coming into operation of this section, continue in force subject to any amendments to those guidelines that the Council adopts under section 7(2)(ga).

(2) The reference in section 18(5) to the guidelines first adopted by the Council shall be construed as a reference to the guidelines and, accordingly—

(a) the Board shall, in accordance with section 11(1)(d), review any draft amendments to the guidelines that have been prepared and submitted by the Personal Injuries Guidelines Committee to the Board under section 18(2)(b) with the review of the guidelines completed by that Committee before the coming into operation of this section, and

(b) section 7(2)(ga) shall apply to the adoption by the Council of any such amendments to the guidelines.

(3) The reference in section 90(1) to the personal injuries guidelines adopted by the Council shall be construed as a reference to the guidelines.]

90. Personal injuries guidelines

90. (1) Personal injuries guidelines adopted by the Council under section 7, including any amendments adopted under that section (in this Act referred to as “personal injuries guidelines”) shall contain general guidelines as to the level of damages that may be awarded or assessed in respect of personal injuries and without prejudice to the generality of the foregoing, the guidelines may include guidance on any or all of the following:

(a) the level of damages for personal injuries generally;

(b) the level of damages for a particular injury or a particular category of injury;

(d) where multiple injuries have been suffered by a person, the consideration to be given to the effect of those multiple injuries on the level of damages to be awarded in respect of that person.

(2) The Personal Injuries Guidelines Committee in preparing draft personal injuries guidelines or draft amendments to personal injuries guidelines shall have regard to the matters set out in subsection (3) and the Board, in reviewing those draft guidelines or draft amendments, may have regard to such of the matters set out in that subsection as it considers appropriate for the purposes of its review.

(3) The matters referred to in subsection (2) are:

(a) the level of damages awarded for personal injuries by—

(i) courts in the State, and

(ii) courts in such places outside the State as the Committee or the Board, as the case may be, considers relevant;

(b) principles for the assessment and award of damages for personal injuries determined by the High Court, the Court of Appeal and the Supreme Court;

(d) the need to promote consistency in the level of damages awarded for personal injuries;

(e) such other factors that the Committee or the Board, as the case may be, considers appropriate including factors that may arise from any records, documents or information received, consultations held, research conducted or conferences, seminars or meetings organised (as referred to in section 18(7)).

91. Sentencing guidelines

91. (1) Sentencing guidelines to be adopted by the Council under section 7 (in this Act referred to as “sentencing guidelines”) may relate to sentencing generally or to sentences in respect of a particular offence, a particular category of offence or a particular category of offender.

(2) A range of sentences may be specified in sentencing guidelines that it is appropriate for a court to consider before imposing sentence on an offender in the proceedings before it.

(3) The Sentencing Guidelines and Information Committee shall, in preparing draft sentencing guidelines, or draft amendments to sentencing guidelines, for submission to the Board and the Board shall, in reviewing such draft guidelines, or such draft amendments, take account of—

(a) sentences that are imposed by the courts,

(b) the need to promote consistency in sentences imposed by the courts,

(d) the need to promote public confidence in the system of criminal justice,

(e) the financial costs involved in the execution of different types of sentence and the relative effectiveness of them in the prevention of re-offending, and

(f) such factors as the Committee or the Board, as the case may be, considers appropriate relating to the offence concerned and the offender committing the offence for the purpose of specifying a range of sentences referred to in subsection (2).

92. Courts to have regard to sentencing guidelines

92. A court shall, in imposing a sentence, have regard to sentencing guidelines relevant to the proceedings before it, unless the court is satisfied that to do so would be contrary to the interests of justice and the reasons it is so satisfied shall be stated by the court in its decision.

93. Independence of court and judicial functions

93. Nothing in this Act shall be construed as operating to interfere with—

(a) the performance by the courts of their functions, or

(b) the exercise by a judge of his or her judicial functions.

94. Restriction of Freedom of Information Act 2014

94. (1) Without prejudice to the exemption for records held by the courts, the Freedom of Information Act 2014 shall not apply to a record relating to the making or investigation, or the resolution by informal means, of a complaint under Part 5 or an investigation pursuant to a referral under section 59 unless—

(a) the record was created before the making of the complaint or the initiation of the investigation under section 59, as the case may be, or

(b) the record relates to the expenses of the Judicial Conduct Committee or a member thereof or a panel of inquiry or a member thereof or other matters concerning the general administration of that Committee or a panel of inquiry.

(2) Subsection (1) applies to a record held by—

(a) the Judicial Conduct Committee,

(b) the Registrar,

(d) a designated judge or designated judges,

(e) a panel of inquiry, or

(f) the registrar to a panel of inquiry.

(3) In this section “record” has the meaning it has in the Freedom of Information Act 2014.

95. Restrictions of rights and obligations under Data Protection Regulation

95. (1) The rights and obligations provided for in Articles 12 to 22 (and Article 5 in so far as its provisions correspond to the rights and obligations provided for in Articles 12 to 22) and Article 34 of the Data Protection Regulation are, in so far as the rights and obligations relate to the processing of personal data by a person or body specified in subsection (2), restricted to the extent necessary and proportionate to enable the person or body perform his, her or its functions under Part 5.

(2) A person or body referred to in subsection (1) means—

(a) the Judicial Conduct Committee,

(b) the Registrar,

(d) a designated judge or designated judges,

(e) a panel of inquiry, or

(f) the registrar to a panel of inquiry.

(3) In this section—

“personal data” has the same meaning as it has in Article 4 of the Data Protection Regulation;

“processing” has the same meaning as it has in Article 4 of the Data Protection Regulation.

96. Notification to Courts Service of decisions made and actions taken by Council

96. Where a decision made or an action taken by the Council relates to the performance by the Courts Service of its functions, the Council shall notify the Courts Service in writing of the decision or action.

97. Amendment of Courts Service Act 1998

97. The Courts Service Act 1998 is amended by the insertion of the following section after section 5A:

“Decisions and actions of Judicial Council notified to Service

5B. The Service shall, in the performance of its functions, have regard to the decisions made and actions taken by the Judicial Council notified to it under section 96 of the Judicial Council Act 2019.”.

98. Amendment of Personal Injuries Assessment Board Act 2003

98. The Personal Injuries Assessment Board Act 2003 is amended—

(a) in section 54(1), by the deletion of paragraphs (b) and (ba), and

(b) in section 54A(1), by the substitution of “paragraph (c), (d)” for “paragraph (b), (ba), (c), (d)”.

99. F13[Amendment of section 22 of Civil Liability and Courts Act 2004

99. Section 22 of the Civil Liability and Courts Act 2004 is amended by—

(a) the substitution of the following subsection for subsection (1):

"(1) Subject to section 100 of the Act of 2019 and subsection (1A)(b), the court shall, in assessing damages in a personal injuries action commenced on or after the date on which section 99 of that Act comes into operation—

(a) have regard to the personal injuries guidelines (within the meaning of that Act) in force, and

(b) where it departs from those guidelines, state the reasons for such departure in giving its decision.",

(b) the insertion of the following subsection after subsection (1):

"(1A) The court shall have regard to the Book of Quantum in assessing damages in a personal injuries action where the action is commenced—

(a) before the date on which section 99 of the Act of 2019 comes into operation, or

(b) on or after the date on which that section comes into operation in relation to a relevant claim where—

(i) an assessment was made under section 20 of the Act of 2003 in relation to that claim before the date of such coming into operation, and

(ii) that assessment was not, or was deemed not to have been, accepted in accordance with that Act.",

(i) the substitution of "Subsection (1A)" for "Subsection (1)", and

(ii) the substitution of "in a personal injuries action to which that subsection applies" for "in a personal injuries action", and

(d) the substitution of the following subsection for subsection (3):

"(3) In this section—

‘Act of 2019’ means the Judicial Council Act 2019;

‘assessment’ has the same meaning as it has in section 20(1) of the Act of 2003;

‘Book of Quantum’ means the Book of Quantum that, immediately before the coming into operation of section 99 of the Act of 2019, stands published by the Personal Injuries Assessment Board under the Act of 2003;

‘relevant claim’ has the same meaning as it has in section 9 of the Act of 2003."]

100. F14[Consideration of personal injuries guidelines as amended in certain circumstances

100. (1) Where the Council adopts amendments under F15[section 7(2)(ga)] to the personal injuries guidelines, for the purposes of section 22 (1) of the Civil Liability and Courts Act 2004 the court shall continue to have regard to the personal injuries guidelines in force immediately prior to the adoption of F15[those amendments to the guidelines] in assessing damages in a personal injuries action where the action is commenced—

(a) before the date on which the guidelines as amended are adopted, or

(b) on or after the date on which the guidelines as amended are adopted in relation to a relevant claim where—

(i) an assessment was made under section 20 of the Act of 2003 in relation to that claim before the date of such adoption, and

(ii) that assessment was not, or was not deemed to have been, accepted in accordance with that Act.

(2) In this section—

"Act of 2003" means the Personal Injuries Assessment Board Act 2003;

"assessment" has the same meaning as it has in section 20(1) of the Act of 2003;

"relevant claim" has the same meaning as it has in section 9 of the Act of 2003.]

Footnotes

OJ No. L119, 4. 5.2016. p.l

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