(LRC Revised)

Number 33 of 2019

JUDICIAL COUNCIL ACT 2019

REVISED

Updated to 23 June 2025

Changes to legislation

as of 10 July 2026, this Act is up to date with all changes known to be in force.

This Revised Act is an administrative

consolidation of the

Judicial Council Act 2019

. It is prepared by the Law Reform

Commission in accordance with its function under the

Law Reform Commission Act

1975

(3/1975) to keep the law under review and to undertake revision and

consolidation of statute law.

All Acts up to and including the

Residential Tenancies (Amendment) Act 2025

(5/2025), enacted 20 June 2025, and all statutory instruments up to and including

the

Secretary to the Judicial Council Superannuation Scheme 2025

(S.I. No. 281 of 2025), made 23 June 2025, were considered in the preparation of

this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act,

the Law Reform Commission can assume no responsibility for and give no guarantees,

undertakings or warranties concerning the accuracy, completeness or up to date nature

of the information provided and does not accept any liability whatsoever arising from

any errors or omissions. Please notify any errors, omissions and comments by email

to

revisedacts@lawreform.ie.

Number

33

of

2019

JUDICIAL COUNCIL ACT 2019

REVISED

Updated to 23 June 2025

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

32A. Superannuation

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

55A. Complaints Review Committee: temporary replacement of member

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

89A. Amendments to personal injuries guidelines

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

100. Consideration of personal injuries guidelines as amended in

certain circumstances

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 (Supplemental Provisions) Act 1961 (No. 39)

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 Convention on Human Rights Act 2003 (No. 20)

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)

Number

33

of

2019

JUDICIAL COUNCIL ACT 2019

REVISED

Updated to 23 June 2025

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

rd July

, 2019]

Be it enacted by the Oireachtas

as follows

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

32A. Superannuation

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

55A. Complaints Review Committee: temporary replacement of member

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

89A. Amendments to personal injuries guidelines

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

100. Consideration of personal injuries guidelines as amended in

certain circumstances

Number

33

of

2019