Annual Report 2020 Promoting judicial excellence and independence to ensure public confidence in the judiciary and the administration of justice in Ireland Comhairlc na mBrcithiuna ANNUAL REPORT 2020 1111 The .Judicial Council CONTENTS FOREWORD BY THE CHAIRPERSON 4 INTRODUCTION BY THE INTERIM SECRETARY 6 OVERVIEW OF 2020 8 TIMETABLE OF KEY STATUTORY EVENTS 9 ABOUT THE JUDICIAL COUNCIL 10 ESTABLISHMENT 12 THE FIRST MEETING OF THE JUDICIAL COUNCIL 13 THE BOARD 14 THE JUDICIAL STUDIES COMMITTEE 16 THE PERSONAL INJURIES GUIDELINES COMMITTEE 19 THE SENTENCING GUIDELINES AND INFORMATION COMMITTEE 22 THE JUDICIAL CONDUCT COMMITTEE 25 THE JUDICIAL SUPPORT COMMITTEES 28 LOOKING FORWARD TO 2021 30 03 Comhairlc na mBrcithiuna ANNUAL REPORT 2020 1111 The Judicial Council FOREWORD BY THE CHAIRPERSON It gives me great to increase consistency and, importantly, pleasure to launch to provide support for judges in the context this inaugural report of what is often a very challenging role, outlining the work the Judicial Council can play a vital part in of the Judicial promoting judicial excellence in Ireland. Council during the Central to the Council’s functions is the course of and just promotion and maintenance of public prior to 2020. It confidence in the judiciary and the is hoped that this administration of justice in this country. In report will highlight striving to attain this goal judicial excellence the key milestones is key. As Chairperson of the Board of the in that period and, in informing the public Council, I have witnessed the manner in of the positive steps by the Council seek to which the judiciary has embraced the vision promote public confidence in the judiciary and of the Judicial Council through engagement the administration of justice. with its work programmes and the significant A Judicial Council in Ireland was in gestation achievements of its committees in their first for many years. It has now been 25 years year. The Board, the committees and indeed since the 1996 Report of the Constitution innumerable judges individually, were actively Review Group recommended that “…judges involved in supporting the Judicial Council themselves should regulate judicial conduct in 2020 and I am grateful for my colleagues’ within a legislative framework embracing engagement and commitment. all courts” and the “Sixth Report of the The Council’s functions include the provision Working Group on Courts Commission” then of guidelines to assist judges in making recommended that the Chief Justice would consistent decisions in relation to personal establish a Committee “to advise on and injuries awards and sentencing. The publication prepare the way, if determined appropriate, in due course of these guidelines will also for the establishment of a judicial body which serve to inform the public. As regards these would contribute to high standards of judicial areas I established in late 2019 a Personal conduct and establish a system for the Injuries Guidelines Committee Designate to handling of complaints of judicial conduct”. commence work on drafting Personal Injuries It was therefore an important and historic Guidelines which was brought to a conclusion occasion when the Minister for Justice and by the statutory committee in December 2020. Equality commenced the Judicial Council In June I nominated the eight judicial members Act in December 2019. This created for the of the Sentencing Guidelines and Information first time a formal body comprising the entire Committee, who were joined by the lay judiciary of Ireland. members nominated by Government in July, By providing mechanisms to enhance judicial and the wide ranging and hugely significant education and training, to promote and enforce work of that committee is underway. judicial ethics, implement measures designed 04 Comhairlc na mBrcithiuna ANNUAL REPORT 2020 1111 The .Judicial Council The absence of a system in Ireland for making this opportunity to record the Council’s and dealing with a complaint in relation to appreciation for this work by the Interim the conduct of a judge and for promoting Secretary and his staff. I would also take the judicial conduct generally has long been opportunity to acknowledge the contributions identified as a gap in judicial accountability made by the lay members of the committees and transparency. Through the work of its and staff of the Courts Service and the Judicial Conduct Committee, the Council Department of Justice. is developing a set of guidelines governing judicial conduct and ethics and drafting In looking to 2021 and beyond I am confident procedures for making complaints, including that with the continued support of the managing findings of misconduct. Since the members of the Judicial Council and its committee was established in July work in staff, the Council will continue to meet its this area was advanced in 2020 and those objectives and develop its capabilities. Public guidelines will be finalised for consideration trust and respect is hard earned and once by the Board of the Council during the first achieved must be maintained. Delivering a half of 2021 and ultimately adopted by the successful Judicial Council will promote and Council itself. maintain public confidence in the judiciary and in the administration of justice in Ireland. Perhaps the area in which judges will see the greatest benefit in supporting the performance of their functions is through the various support mechanisms envisaged by the Act. The most significant of these is the creation of a dedicated learning and development facility for the judiciary. We have Frank Clarke, Chief Justice long looked enviously at the offerings in this Chairperson of the Judicial Council area provided in neighbouring jurisdictions June 2021 and I am delighted to say that Ireland has now planned for, built the foundations of and commenced rolling out an education programme to judges which is fit for purpose. The function is overseen by the Judicial Studies Committee and the operational side is led by a High Court Judge. The early successes and milestones reached in 2020 could not have been achieved without the administrative support provided to the Council, the Board and the committees and the infrastructure developed for this public body. I would like to take 05 Comhairlc na mBrcithiuna ANNUAL REPORT 2020 1111 The Judicial Council INTRODUCTION BY THE INTERIM SECRETARY It is a great privilege Judicial Council and will continue to be rolled to introduce this out, enhancing both judicial performance first, and therefore and consequently public confidence in the historic, Annual administration of justice in Ireland. The Report of the means of achieving this are provided by a Judicial Council for dedicated learning and development function, 2020. The advent a mechanism for making a complaint of the Judicial about a judge‘s conduct and the provision Council marks the of guidelines to assist judges in consistent culmination of decision making. years of planning Facilitating this, by building a new public and is an important development both for the body from the ground up, presented various Irish judiciary and Ireland. It has been hugely challenges. The experience shared by others rewarding to have been involved in building who have followed a similar path has been many of the foundations for Ireland’s Judicial invaluable. Having reached out to leaders in Council and working with the judiciary on its other bodies in the public and legal sectors early achievements. I am very appreciative of their extraordinary This exciting opportunity to support the willingness to share their own insights. An judiciary in developing a body created to overriding memory in the first year of the enhance their capabilities brings with it Council was the wisdom they generously significant responsibility and challenges. shared to assist in overcoming the many This is an important national project hurdles which presented. I am also grateful greatly dependent on solid administrative to colleagues in the Courts Service and the support. For judges, their core daily role Department of Justice. During the three of administering justice in the courts has months prior to establishment on 17th not diminished with the establishment December 2019, significant work was carried of the Council, so there rests with the out by officials in both bodies to assist in Council’s administrative staff the significant establishing the Council. That cooperation responsibility to facilitate the future continues and it is important to acknowledge development of these workstreams. the assistance from those involved. I also extend my gratitude to judges and officials The provision of the support and development across the U.K. jurisdictions and European opportunities to which all of us working in judicial bodies who have made themselves the civil and public service have become available to discuss their own structures and accustomed are accepted and expected approaches, in particular their judicial training as an integral part of our professional and functions. personal development. A similar approach and structure has been largely unavailable for The Council’s business agenda for 2020 was judges until now. Those supports, personal very much dictated by the challenges which and technical, are now being provided by the manifested once the Council was established 06 Comhairlc na mBrcithiuna ANNUAL REPORT 2020 1111 The .Judicial Council in December 2019. The Commencement Order of purpose coupled with a drive to make initiated a succession of statutory timeframes, the Judicial Council a success has delivered running across the entire year. The key a visibly cohesive approach to delivering challenge from an administrative perspective the Council’s objectives by judges across all was the need to support the work of all of the jurisdictions working together. The expertise, statutory committees of the Council so as to experience and engagement offered by the lay adhere to those deadlines, simultaneously members nominated by Government to two building the infrastructure to develop the long of the committees has positively enhanced term functions of the Council, whilst adapting and supplemented this.