Judicial council act 2019
Enactment Date | 23 July 2019 |
Act Number | 33 |
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Number 33 of 2019 | ||
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JUDICIAL COUNCIL ACT 2019 | ||
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CONTENTS | ||
PART 1 | ||
Preliminary and General | ||
1. Short title and commencement | ||
2. Definitions | ||
3. Repeals | ||
4. Expenses | ||
PART 2 | ||
Judicial Council | ||
5. Establishment day | ||
6. Establishment of Council | ||
7. Functions of Council | ||
8. Membership of Council | ||
9. Meetings and procedures of Council | ||
PART 3 | ||
Board and Committees of Council | ||
10. Board of Council | ||
11. Functions of Board | ||
12. Membership of Board | ||
13. Term of membership of Board | ||
14. Casual vacancies in membership of Board | ||
15. Meetings and procedures of Board | ||
16. Committees of Council | ||
17. Judicial Studies Committee | ||
18. Personal Injuries Guidelines Committee | ||
19. Membership of Personal Injuries Guidelines Committee | ||
21. Casual vacancies in membership of Personal Injuries Guidelines Committee | ||
23. Sentencing Guidelines and Information Committee | ||
24. Membership of Sentencing Guidelines and Information Committee | ||
25. Recommendations for appointment of lay members of Sentencing Guidelines and Information Committee | ||
26. Term of membership of Sentencing Guidelines and Information Committee | ||
27. Casual vacancies in membership of Sentencing Guidelines and Information Committee | ||
28. Meetings and procedures of Sentencing Guidelines and Information Committee | ||
29. Sentencing policy review | ||
30. Judicial Support Committees | ||
31. Remuneration and expenses of members of Board and committees | ||
PART 4 | ||
Staff, Funding and Accountability of Council | ||
32. Secretary to Council | ||
33. Interim Secretary to Council | ||
34. Functions of Secretary to Council | ||
35. Staff of Council | ||
36. Advances to Council | ||
37. Annual report of Council | ||
38. Accounts of Council | ||
39. Accountability of Council to Public Accounts Committee | ||
40. Accountability of Council to other Oireachtas committees | ||
41. Prohibition on disclosure of confidential information | ||
PART 5 | ||
Judicial Conduct Committee | ||
Chapter 1 | ||
Application of Part | ||
42. Application of Part | ||
Chapter 2 | ||
Judicial Conduct Committee | ||
43. Judicial Conduct Committee | ||
44. Membership of Judicial Conduct Committee | ||
45. Recommendations for appointment of lay members of Judicial Conduct Committee | ||
46. Term of membership of Judicial Conduct Committee | ||
47. Casual vacancies in membership of Judicial Conduct Committee | ||
48. Meetings and procedures of Judicial Conduct Committee | ||
49. Registrar to Judicial Conduct Committee | ||
Chapter 3 | ||
Complaints | ||
50. Complaints | ||
51. Time limit for making complaints | ||
52. Procedures of Judicial Conduct Committee relating to complaints or matters relating to judicial conduct | ||
53. Admissibility of complaints | ||
54. Notification following determination of whether or not complaint is admissible | ||
55. Complaints Review Committee | ||
56. Review of determination that complaint, or part of complaint, is inadmissible | ||
57. Withdrawal of complaint under consideration by Registrar or Complaints Review Committee | ||
58. If judge concerned consents to reprimand by Judicial Conduct Committee before complaint is investigated | ||
59. Investigations of judicial misconduct in absence of, or after withdrawal of, complaint | ||
60. Referral of complaint for resolution by informal means or investigation | ||
Chapter 4 | ||
Resolution of complaints by informal means | ||
61. Referral of complaint for resolution by informal means | ||
62. Resolution of complaints by informal means | ||
63. Report to Judicial Conduct Committee from designated judge or designated judges | ||
Chapter 5 | ||
Investigation of complaints | ||
64. Referral of complaint by Judicial Conduct Committee to panel of inquiry | ||
65. Recommendations for nomination of lay members of panels of inquiry | ||
66. Nomination for appointment of lay members of panels of inquiry | ||
67. Appointment of members of panel of inquiry | ||
68. Conduct of investigation | ||
69. Powers and protections relating to witnesses and evidence | ||
70. Failure or refusal by complainant to cooperate with panel of inquiry | ||
71. Failure or refusal by judge concerned to cooperate with panel of inquiry | ||
72. Matter before panel of inquiry concerning health of judge | ||
73. If judge concerned consents to reprimand by Judicial Conduct Committee before conclusion of investigation | ||
74. Withdrawal of complaint while it is being investigated by panel of inquiry | ||
75. Adjournment of investigation of complaint by panel of inquiry | ||
76. Report of panel of inquiry submitted to Judicial Conduct Committee | ||
77. Draft report to be sent to complainant and judge concerned | ||
78. Amendment of draft report | ||
79. Determination of complaint by Judicial Conduct Committee | ||
80. Referral by Judicial Conduct Committee to Minister of matter relating to conduct or capacity of judge for Article 35.4 purposes | ||
Chapter 6 | ||
Miscellaneous provisions relating to Judicial Conduct Committee and panels of inquiry | ||
81. Evidence given not admissible in certain proceedings | ||
82. Conduct of proceedings | ||
83. Duty to disclose substance of evidence to other witnesses, etc. | ||
84. Privileges and immunities of witnesses | ||
85. Remuneration and expenses of members of Judicial Conduct Committee and panel of inquiry | ||
86. Expenses of witnesses | ||
87. Annual report of Judicial Conduct Committee | ||
88. Costs of legal representation | ||
PART 6 | ||
Miscellaneous | ||
89. Power of Oireachtas to remove judge from office unaffected | ||
90. Personal injuries guidelines | ||
91. Sentencing guidelines | ||
92. Courts to have regard to sentencing guidelines | ||
93. Independence of court and judicial functions | ||
94. Restriction of Freedom of Information Act 2014 | ||
95. Restrictions of rights and obligations under Data Protection Regulation | ||
96. Notification to Courts Service of decisions made and actions taken by Council | ||
97. Amendment of Courts Service Act 1998 | ||
98. Amendment of Personal Injuries Assessment Board Act 2003 | ||
99. Amendment of section 22 of Civil Liability and Courts Act 2004 | ||
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Acts Referred to | ||
Civil Liability Act 1961 (No. 41) | ||
Civil Liability and Courts Act 2004 (No. 31) | ||
Civil Service Regulation Acts 1956 to 2005 | ||
Comptroller and Auditor General (Amendment) Act 1993 (No. 8) | ||
Courts and Court Officers Act 1995 (No. 31) | ||
Courts of Justice (District Court) Act 1946 (No. 21) | ||
zzxx the Courts of Justice Act 1924 (No. 10) | ||
Courts Service Act 1998 (No. 8) | ||
Data Protection Act 2018 (No. 7) | ||
European Parliament Elections Act 1997 (No. 2) | ||
Freedom of Information Act 2014 (No. 30) | ||
International War Crimes Tribunals Act 1998 (No. 40) | ||
Local Government Act 2001 (No. 37) | ||
Personal Injuries Assessment Board Act 2003 (No. 46) | ||
Public Service Management (Recruitment and Appointments) Act 2004 (No. 33) | ||
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Number 33 of 2019 | ||
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JUDICIAL COUNCIL ACT 2019 | ||
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An Act to provide for the establishment of a body to be known as Comhairle na mBreithiúna or, in the English language, the Judicial Council; to provide for its functions and for related matters. | ||
[23rd July, 2019] | ||
Be it enacted by the Oireachtas as follows: | ||
PART 1 Preliminary and General | ||
Short title and commencement |
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1. (1) This Act may be cited as the Judicial Council Act 2019. | ||
(2) This Act shall come into operation on such day or days as the Minister may by order or orders appoint either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or different provisions. |
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Definitions |
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2. In this Act— | ||
“Board” means the Board of the Council; |
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“committee” means a committee of the Council, namely— |
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(a) the Judicial Studies Committee, |
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(b) the Personal Injuries Guidelines Committee, |
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(c) the Sentencing Guidelines and Information Committee, |
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(d) each of the Judicial Support Committees, |
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(e) the Judicial Conduct Committee, or |
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(f) a committee established under section 16 ; |
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“complaint” means a complaint made under section 50 ; |
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“complainant” means a person who makes a complaint or on whose behalf a complaint is made; |
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“Complaints Review Committee” means the Complaints Review Committee established under section 55 ; |
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“control”, in relation to a document, includes the ability to procure the document; |
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“co-opted member of the Board” has the meaning assigned to it by section 12 (5); |
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“Council” means the Judicial Council established by section 6 ; |
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“Data Protection Regulation” means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 20161 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation); |
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“designated judge or designated judges”, in relation to the process for the resolution by informal means of complaints under Chapter 4 of Part 5, means— |
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(a) in the case of an ordinary judge of the Supreme Court, the Chief Justice, |
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(b) in the case of an ordinary judge of the Court of Appeal, the President of the Court of Appeal, |
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(c) in the case of an ordinary judge of the High Court, the President of the High Court, |
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(d) in the case of an ordinary judge or a specialist judge of the Circuit Court, the President of the Circuit Court, |
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(e) in the case of a judge (other than the President) of the District Court, the President of the District Court, |
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(f) in the case of 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, the Chief Justice, and |
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(g) in the case of the Chief Justice, 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; |
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“document” includes— |
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(a) a book, record or other written or printed material in any form (including in any... |
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