Long-awaited legislation providing for the disciplining of judges is likely to be published before the Dáil's summer recess, according to a spokeswoman for the Department of Justice.
This follows a meeting yesterday between Minister for Justice Michael McDowell and Chief Justice, Mr Justice John L Murray. A framework for such legislation was outlined by the Committee on Judicial Conduct and Ethics, chaired by the then Chief Justice, Mr Justice Ronan Keane, in a report published four years ago.
This provided for a judicial council with committees to deal with three areas: judicial conduct and ethics, judicial training and the pay and conditions of judges.
Most attention has focused on the issue of conduct and ethics. The report proposed that a range of sanctions be available to deal with judges against whom complaints would be made.
The sanctions, which would be imposed by the judicial committee itself, ranged from an admonishment to a private or public reprimand, to a recommendation that the Oireachtas take the steps provided for in the Constitution to remove the judge in question. The committee could also recommend education or retraining. This legislation was promised by the end of 2004, but it did not materialise. It is understood that one of the main issues remaining is the composition of the judicial council that would oversee the investigation of complaints against judges.
Under the Keane proposals it was foreseen that this would involve the whole judiciary.
However, it is understood that Mr McDowell and Mr Justice Murray discussed yesterday the possibility of the formation of a judicial sub-committee. Heads of a Bill are ready based on either option, according to the Justice spokeswoman, and the Bill will now be published before the summer.
The matter has become more urgent in the light of the controversy over Judge Brian Curtin, who last week lost his judicial review of the Oireachtas committee set up to inquire into how he came to be charged with the possession of child pornography.
If he does not appeal to the Supreme Court, or if he loses such an appeal, the way is clear for the committee to continue its investigation, with a view to discussing a motion to remove him.
There has been some concern in judicial circles about the delay in legislating on the basis of the Chief Justice's report, which was published in 2001.
This has left a vacuum where the only option in dealing with judges against whom complaints have been made is impeachment, which has never been used. A proposal from the last government for a constitutional amendment permitting a body to be set up to deal with judicial conduct was withdrawn when it failed to obtain Opposition support.