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Dáil
‹ Ceisteanna ar Reachtaíocht a Gealladh - Questions on Promised Legislation

Judicial Council Bill delay

Summary

Deputy Brendan Howlin complained that the Judicial Council Bill had stalled in the Seanad for two years and urged it be brought forward. The Justice Minister said he was constrained by parliamentary procedure and the other House, but that he wanted to progress the Bill and would publish amendments shortly.

The Government has promised to advance the Judicial Council Bill 2017 to establish a new judicial council to promote high standards of conduct and investigate accusations of wrongdoing by judges. The Council of Europe has stated the lack of such a body is a major flaw in Ireland's judicial system and many judges have also called for one to be established. We now have a Bill, but it has been on the Seanad Order Paper for two years. The last time I raised this matter the Taoiseach stated it was because of delays in dealing with the Judicial Appointments Commission Bill, but it cannot be true that the 40 Bills in the Department of Justice and Equality cannot progress because one Bill is taking up a great deal of time. No Department could operate on that basis. Will the Minister for Justice and Equality clarify when we will see the Judicial Council Bill which is needed? Will he allow it to progress in parallel with other Bills? It is not unusual for more than one Bill from a Department to be before the Houses. The Minister could bring it to the Dáil if he does not want to bring it to the Seanad. It is important legislation and we are subject to international criticism for not having such a body.

Comment on this
Charles Flanagan Minister for Justice and Equality Fine Gael

The Deputy mentioned earlier that he was a long-standing Member of the House. I am sure he knows the practice and procedure not only of this House but also of the Upper House. I cannot allow legislation to be passed or processed. I am subject to the rules of the Houses. I am also subject to the Business Committee.

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Bring the Bill here.

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I share with Deputy Howlin a keenness and anxiety to progress the Judicial Council Bill. I spent more than two hours in the Seanad last evening discussing the judicial appointments Bill.

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The Minister is now an honorary Senator.

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I am due to be in the Seanad again at 3 p.m. to debate the same Bill.

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Give the Minister a medal.

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I spend a significant amount of my time in the Seanad taking its business. This House is restricted in the manner in which it can comment on business in the other House, but I will say there are some amendments to the Judicial Council Bill that I have at an advanced stage and that I intend to publish shortly. I hope the Seanad will facilitate an early debate of the Bill.

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I cannot do so.

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I have told the Deputies the reason.

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