Judicial Council Act 2019

Publication Date:January 01, 2019
 
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Judicial Council Act 2019

2019 33

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

[23 July 2019]

Be it enacted by the Oireachtas as follows:

1 Preliminary and General

PART 1

Preliminary and General

S-1 Short title and commencement

1 Short title and commencement

(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.

S-2 Definitions

2 Definitions

2. In this Act—

“Board” means the Board of the Council;

“committee” means a committee of the Council, namely—

(a) the Judicial Studies Committee,

(b) the Personal Injuries Guidelines Committee,

(c) the Sentencing Guidelines and Information Committee,

(d) each of the Judicial Support Committees,

(e) the Judicial Conduct Committee, or

(f) a committee established undersection 16;

“complaint” means a complaint made undersection 50;

“complainant” means a person who makes a complaint or on whose behalf a complaint is made;

“Complaints Review Committee” means the Complaints Review Committee established undersection 55;

“control”, in relation to a document, includes the ability to procure the document;

“co-opted member of the Board” has the meaning assigned to it bysection 12(5);

“Council” means the Judicial Council established bysection 6;

“Data Protection Regulation” means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 20161 1on 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);

“designated judge or designated judges”, in relation to the process for the resolution by informal means of complaints underChapter 4 of Part 5, means—

(a) in the case of an ordinary judge of the Supreme Court, the Chief Justice,

(b) in the case of an ordinary judge of the Court of Appeal, the President of the Court of Appeal,

(c) in the case of an ordinary judge of the High Court, the President of the High Court,

(d) in the case of an ordinary judge or a specialist judge of the Circuit Court, the President of the Circuit Court,

(e) in the case of a judge (other than the President) of the District Court, the President of the District Court,

(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

(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;

“document” includes—

(a) a book, record or other written or printed material in any form (including in any electronic device),

(b) a map, plan or drawing,

(c) a disc, tape or other mechanical or electronic device in which data other than visual images are embodied so as to be capable, with or without the aid of some other mechanical or electronic equipment, of being reproduced from the disc, tape or other device,

(d) a film, disc, tape or other mechanical or electronic device in which visual images are embodied so as to be capable, with or without the aid of some other mechanical or electronic equipment, of being reproduced from the film, disc, tape or other device, and

(e) a copy of anything which falls underparagraph (a), (b), (c) or (d);

“elected member” means—

(a) in relation to the Board, a judge elected in accordance withsection 12(4) to be an elected member of the Board, and

(b) in relation to the Judicial Conduct Committee, a judge elected in accordance withsection 44(4) to be an elected member of the Judicial Conduct Committee,

as may be appropriate;

“electronic device” includes any device which uses any electrical, digital, magnetic, optical, electromagnetic, biometric or photonic means, or other forms of related technology, or any combination thereof, to store or transmit data or both to store and transmit data;

“establishment day” means the day appointed undersection 5;

“European Court of Human Rights” has the meaning it has in Eusection 1(1) of the European Convention on Human Rights Act 2003;

ex officio member” means—

(a) in relation to the Board, a judge holding one of the judicial offices specified insection 12(2), and

(b) in relation to the Judicial Conduct Committee, a judge holding one of the judicial offices specified insection 44(2),

as may be appropriate;

“International Court of Justice” means the International Court of Justice established under the Charter of the United Nations;

“International Criminal Court” means the International Criminal Court established under the Rome Statute of the International Criminal Court done at Rome on 17 July 1998;

“international tribunal” has the meaning it has in section 2 of the International War Crimes Tribunals Act 1998;

“judge” means a judge of the Supreme Court, the Court of Appeal, the High Court, the Circuit Court or the District Court;

“judge concerned”, in relation to a complaint, has the meaning assigned to it bysection 50;

“Judicial Conduct Committee” means the committee established undersection 43;

“judicial misconduct” means conduct (whether an act or omission) by a judge, whether in the execution of his or her office or otherwise, and whether generally or on a particular occasion, that—

(a) constitutes a departure from acknowledged standards of judicial conduct, such standards to have regard to the principles of judicial conduct referred to insections 7(1)(b) and 43(2), and

(b) brings the administration of justice into disrepute;

“Judicial Studies Committee” means the committee established undersection 17;

“Judicial Support Committees” means the committees established undersection 30;

“lay member” means—

(a) in relation to the Sentencing Guidelines and Information Committee, a person appointed undersection 24(3) to be a lay member of that Committee,

(b) in relation to the Judicial Conduct Committee, a person appointed undersection 44(5) to be a lay member of that Committee, and

(c) in relation to a panel of inquiry, a person appointed undersection 67(1)(b) to be a lay member of that panel of inquiry,

as may be appropriate;

“local authority” has the meaning it has in the Local Government Act 2001;

“Minister” means the Minister for Justice and Equality;

“panel of inquiry” means a panel of inquiry comprising the persons who are appointed as members of the panel of inquiry undersection 67 to perform the functions conferred on a panel of inquiry by this Act;

“personal injuries guidelines” shall be construed in accordance withsection 90(1);

“Personal Injuries Guidelines Committee” means the committee established undersection 18;

“personal injury” has the meaning it has in the Civil Liability Act 1961;

“Registrar”, in relation to the Judicial Conduct Committee, has the meaning assigned to it bysection 49;

“registrar to a panel of inquiry” has the meaning assigned to it bysection 67(7);

“Secretary”, in relation to the Council, has the meaning assigned to it bysection 32;

“sentence” includes any order or decision of a court consequent on a conviction for an offence or a finding of guilt in respect of an offence;

“sentencing guidelines” shall be construed in accordance withsection 91;

“Sentencing Guidelines and Information Committee” means the committee established undersection 23.

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

S-3 Repeals

3 Repeals

3. The following provisions are repealed:

(a) section 21 of the Courts of Justice (District Court) Act 1946;

(b) sections 10(4) and 36(2) of the Courts (Supplemental Provisions) Act 1961;

(c) section 48 of the Courts and Court Officers Act 1995.

S-4 Expenses

4 Expenses

4. The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Public Expenditure and Reform, be paid out of moneys provided by the Oireachtas.

2 Judicial Council

PART 2

Judicial Council

S-5 Establishment day

5 Establishment day

5. The Minister shall, by order, appoint a day to be the establishment day for the purposes of this Act.

S-6 Establishment of Council

6 Establishment of Council

(1) There shall stand established on the establishment day, a body which shall be known as Comhairle na mBreithiúna or, in the English language, the Judicial Council (in this Act referred to as the “Council”) to perform the functions conferred on it by this Act.

(2) The Council shall, subject to the provisions of this Act, be independent in the performance of its functions.

(3) The Council shall be a body corporate with perpetual succession and an official seal and shall have power to sue, and may be sued, in its corporate name, and shall, with the consent of the Minister and the approval of the Minister for Public Expenditure and Reform, have power to acquire, hold and dispose of land or an interest in land and to acquire, hold and dispose of any other property.

(4) The Council shall have a seal and the seal shall be authenticated by the signatures of—

(a)

the chairperson of the Council or another member of the Council authorised by it to act in that behalf, and

(b)

the Secretary or another member of the staff of the Council authorised by it to act in that behalf.

(5) Judicial notice shall be taken of the seal of the Council and every document purporting—

(a)

to be an instrument made by the Council, and

(b)

to be sealed with the seal of the Council authenticated in accordance withsubsection (4),

shall be received in evidence and be deemed to be such an instrument without further proof, unless the contrary is shown.

S-7 Functions of Council

7 Functions of Council

(1) The functions of the Council shall be to promote...

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