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33 2019

JUDICIAL COUNCIL ACT 2019

PART 3

Board and Committees of Council

Board of Council

10. (1) There shall be a Board of the Council (in this Act referred to as the “Board”).

(2) At the first meeting of the Council, the election of the first elected members of the Board shall take place in accordance with section 12 (4).

(3) Subject to this Act, the Board may regulate its own procedures.

Functions of Board

11. (1) Subject to section 7 (5), the functions of the Council shall be performed by the Board on behalf of the Council in accordance with such directions (if any) as the Council may give to the Board and, without prejudice to the generality of the foregoing, the Board—

(a) shall consider and determine policy in relation to the performance of those functions,

(b) shall oversee the implementation of that policy by the Secretary,

(c) may of its own volition submit a proposal, report or recommendation to the Council in relation to any of the functions of the Council and shall do so upon a request from the Council in relation to any of those functions or any other matter,

(d) shall review—

(i) draft personal injuries guidelines prepared by the Personal Injuries Guidelines Committee and submitted by it to the Board under section 18 (2)(a), and

(ii) draft amendments to personal injuries guidelines prepared by that Committee and submitted by it to the Board under section 18 (2)(b),

and may make such modifications to those draft guidelines, or draft amendments to such guidelines, as it considers appropriate,

(e) shall review—

(i) draft sentencing guidelines prepared by the Sentencing Guidelines and Information Committee and submitted by it to the Board under section 23 (2)(a), and

(ii) draft amendments to sentencing guidelines prepared by that Committee and submitted by it to the Board under section 23 (2)(b),

and may make such modifications to those draft guidelines, or draft amendments to such guidelines, as it considers appropriate,

(f) shall review—

(i) draft guidelines concerning judicial conduct and ethics prepared by the Judicial Conduct Committee and submitted by it to the Board under section 43 (3)(d), and

(ii) draft amendments to guidelines concerning judicial conduct and ethics prepared by that Committee and submitted by it to the Board under section 43 (3)(e),

and may make such modifications to those draft guidelines, or draft amendments to such guidelines, as it considers appropriate.

(2) The Board shall have all such powers as are necessary or expedient for the performance of its functions, including the power to—

(a) delegate such of its functions as it considers appropriate to the Secretary, and

(b) refer any matter to a committee for its consideration.

(3) The Board may perform any of its functions through or by any member of the staff of the Council duly authorised in that behalf by the Board.

Membership of Board

12. (1) The Board shall comprise the following 11 members:

(a) the ex officio members specified in subsection (2) or their replacements nominated under subsection (3);

(b) the members elected under subsection (4);

(c) the co-opted member co-opted under subsection (5).

(2) Each of the following shall, ex officio, be a member of the Board (in this Act referred to as an “ex officio member of the Board”):

(a) the Chief Justice, who shall act as chairperson of the Board;

(b) the President of the Court of Appeal;

(c) the President of the High Court;

(d) the President of the Circuit Court;

(e) the President of the District Court.

(3) An ex officio member of the Board may from time to time nominate in writing another judge (other than an elected member of the Board or a co-opted member of the Board) of the court of which he or she is Chief Justice or President, as the case may be, to perform the functions of such ex officio member during such period or on such occasion or occasions as are specified in the nomination.

(4) Each of the following shall be a member of the Board (in this Act referred to as an “elected member of the Board”):

(a) a judge of the Supreme Court elected by the ordinary judges of that Court;

(b) a judge of the Court of Appeal elected by the ordinary judges of that Court;

(c) a judge of the High Court elected by the ordinary judges of that Court;

(d) a judge of the Circuit Court elected by the ordinary judges and specialist judges of that Court;

(e) a judge of the District Court elected by the judges, other than the President, of that Court.

(5) The Chief Justice, the President of the Court of Appeal, the President of the High Court, the President of the Circuit Court, the President of the District Court and the judges elected under subsection (4) shall, in accordance with subsection (6), co-opt a judge of the Supreme Court, the Court of Appeal, the High Court, the Circuit Court or the District Court to be a member of the Board, and a judge so co-opted shall be a member of the Board (in this Act referred to as a “co-opted member of the Board”).

(6) (a) A judge who is to be a co-opted member of the Board under subsection (5) shall be co-opted from among the judges of each of the courts (other than the Chief Justice or the President of a court) in rotation beginning with the Supreme Court and followed in turn by the Court of Appeal, the High Court, the Circuit Court and the District Court.

(b) The sequence of the rotation of courts for the purposes of the co-option of a co-opted member of the Board provided for in paragraph (a) shall be repeated from time to time as occasion requires.

Term of membership of Board

13. (1) A nomination under section 12 (3) shall—

(a) cease to have effect upon—

(i) the expiration of the period or the passing of the occasion or occasions, as the case may be, specified in the nomination, or

(ii) the rescinding of the nomination by the ex officio member of the Board who made the nomination,

(b) where the ex officio member of the Board who made the nomination ceases to hold the judicial office by virtue of which he or she became such ex officio member, cease to have effect upon that ex officio member ceasing to hold that office,

(c) where the judge in respect of whom the nomination was made ceases to hold the judicial office by virtue of which he or she was so nominated, cease to have effect upon his or her ceasing to hold that office, or

(d) where the judge in respect of whom the nomination was made by notice in writing given or sent to the ex officio member of the Board indicates that he or she does not wish to continue to perform the functions concerned, cease to have effect upon the receipt of that notice by that ex officio member.

(2) Subject to subsection (7) and section 14 (3), an elected member of the Board shall serve as a member of the Board for a term of 4 years from the date of his or her election.

(3) Subject to subsection (7) and section 14 (4), a co-opted member of the Board shall serve as a member of the Board for a term commencing on his or her co-option and expiring on the same day as the term of membership of the elected members of the Board expires.

(4) Subject to subsection (5), an elected member of the Board whose term of membership expires with the passage of time shall be eligible for re-election to the Board for a further term of 4 years.

(5) An elected member of the Board who has served 2 terms of membership shall not be eligible to serve a further term as an elected member of the Board other than in accordance with subsection (6).

(6) An elected member of the Board who has served 2 terms of membership shall be eligible for re-election to the Board after a period of 4 years has elapsed immediately following the expiration of his or her most recent term of membership of the Board.

(7) An elected member of the Board or a co-opted member of the Board may resign from his or her membership by notice in writing given or sent to the chairperson of the Board or, if appropriate, the judge nominated by him or her under section 12 (3) and the resignation shall take effect on the day on which the chairperson or his or her nominated replacement, as may be appropriate, receives the notice.

(8) Where an elected member of the Board or a co-opted member of the Board ceases to hold the judicial office by virtue of which he or she was eligible to become a member of the Board, he or she shall thereupon cease to be a member of the Board.

(9) The Board may act notwithstanding one or more vacancies in its membership.

Casual vacancies in membership of Board

14. (1) Where an elected member of the Board dies, retires or resigns from judicial office, resigns from membership of the Board in accordance with subsection (7) of section 13 or ceases to be a member of the Board in accordance with subsection (8) of that section, the vacancy so occasioned shall be filled by a judge elected to be a member of the Board in the same manner as the member of the Board who occasioned the vacancy was elected.

(2) Where a co-opted member of the Board dies, retires or resigns from judicial office, resigns from membership of the Board in accordance with subsection (7) of section 13 or ceases to be a member of the Board in accordance with subsection (8) of that section, the vacancy so occasioned shall be filled by a judge co-opted to be a member of the Board in the same manner as the member of the Board who occasioned the vacancy was co-opted and who is a judge of the court of which the member of the Board who occasioned the vacancy was a judge.

(3) The term of office of an elected member of the Board elected in accordance with subsection (1) shall be for the unexpired period of the term of membership of the member of the Board whom he or she has replaced.

(4) The term of office of a co-opted member of the Board co-opted in accordance with subsection (2) shall be for the unexpired period of the term of membership of the member of the Board whom he or she has replaced.

(5) A term of membership of the Board of any duration resulting from an election in accordance with subsection (1) shall be regarded as a term of membership for the purposes of subsections (5) and (6) of section 13 .

Meetings and procedures of Board

15. (1) The Board shall hold such and so many meetings as may be necessary for the performance of its functions but in each year shall hold not less than 4 meetings and the interval between meetings shall not be longer than 4 months.

(2) The first meeting of the members of the Board shall be held within one month of the first meeting of the Council.

(3) At a meeting of the Board—

(a) the chairperson of the Board or, if appropriate, the judge nominated by him or her under section 12 (3) shall, if present, be the chairperson of the meeting, or

(b) if and so long as the chairperson of the Board or, if appropriate, the judge nominated by him or her under section 12 (3) is not present, the next most senior judge present shall be the chairperson of the meeting.

(4) Every question at a meeting of the Board shall be determined by a majority of the votes of the members of the Board present and voting on the question and, in the case of an equal division of the votes, the chairperson of the meeting shall have a second or casting vote.

(5) The quorum for a meeting of the Board shall be 6 or such greater number as the Board may determine.

Committees of Council

16. (1) The Council may, in addition to the committees established under sections 17 , 18 , 23 , 30 and 43 , establish such and so many other committees as it thinks fit to assist and advise it in the performance of its functions.

(2) (a) A committee established by the Council under this section shall have such functions as the Council considers appropriate.

(b) The Council may at any time dissolve a committee established by it under this section.

(3) The members of a committee, other than a Judicial Support Committee, may be appointed by the Council for such period, and subject to such terms and conditions, as the Council considers appropriate.

(4) The Council may appoint to a committee, other than a Judicial Support Committee, persons who are not members of the Council but who have, in the opinion of the Council, special knowledge of or experience in matters related to the functions of the committee.

(5) A committee may refer any matter to the Council or the Board for consideration by the Council or the Board, as the case may be.

(6) The acts of a committee shall be subject to confirmation by the Council, unless the Council, at any time, dispenses with the necessity for such confirmation.

(7) A committee shall, at least once in each year or upon the request of the Council, report in writing to the Council and the Board on the activities of the committee.

(8) Subject to this Act, the Council may regulate the procedures of a committee but, subject to the foregoing, a committee may regulate its own procedures.

(9) A committee may act notwithstanding one or more vacancies in its membership.

(10) This section shall not apply to the Personal Injuries Guidelines Committee, the Sentencing Guidelines and Information Committee or the Judicial Conduct Committee.

Judicial Studies Committee

17. (1) The Council shall—

(a) establish a committee to be known as the Judicial Studies Committee, and

(b) at the first meeting of the Council, specify the date upon which that Committee shall stand established which shall be a date not later than 3 months following that first meeting.

(2) Subject to such directions (if any) as the Council may give to it, the function of the Judicial Studies Committee shall be to facilitate the continuing education and training of judges with regard to their functions.

(3) Without prejudice to the generality of subsection (2), the Judicial Studies Committee may—

(a) prepare and distribute relevant materials to judges,

(b) publish material relevant to its function,

(c) provide, or assist in the provision of, education and training on matters relevant to the exercise by judges of their functions, including but not limited to—

(i) dealing with persons in respect of whom it is alleged an offence has been committed,

(ii) the conduct of trials by jury in criminal proceedings,

(iii) European Union law and international law,

(iv) human rights and equality law,

(v) information technology, and

(vi) the assessment of damages in respect of personal injuries,

and

(d) establish, maintain and improve communication with—

(i) bodies representing judges appointed to courts of places other than the State, and

(ii) international bodies representing judges.

Personal Injuries Guidelines Committee

18. (1) The Council shall—

(a) establish a committee to be known as the Personal Injuries Guidelines Committee, and

(b) at the first meeting of the Council, specify the date upon which that Committee shall stand established which shall be a date not later than 3 months following that first meeting.

(2) The functions of the Personal Injuries Guidelines Committee shall be to prepare and submit to the Board for its review—

(a) draft personal injuries guidelines in accordance with section 90 , and

(b) draft amendments to the personal injuries guidelines in accordance with that section.

(3) The Council may issue directions to the Personal Injuries Guidelines Committee in relation to the performance by it of the functions referred to in subsection (2).

(4) The Personal Injuries Guidelines Committee shall submit the first draft of personal injuries guidelines to the Board not later than 6 months after the date on which the Committee stands established.

(5) The Personal Injuries Guidelines Committee may, from time to time, review the personal injuries guidelines and shall—

(a) review those guidelines within 3 years of the first guidelines being adopted by the Council under section 7 and at least once thereafter in every 3 year period beginning on the completion of the first review, and

(b) submit the outcome of each review under this subsection to the Board.

(6) Where the outcome of a review under subsection (5) includes a recommendation for amendments to the guidelines, the Personal Injuries Guidelines Committee shall prepare a draft of such amendments and shall submit the draft amendments to the Board for its review at the same time as the outcome of the review is submitted to it.

(7) The Personal Injuries Guidelines Committee, and any person authorised by it to act on its behalf, may, for the purpose of performing its functions under subsection (2)

(a) require any person to provide it with such records, documents or information as it may reasonably require for that purpose,

(b) consult with such persons as the Committee considers appropriate, including the Personal Injuries Assessment Board,

(c) conduct research on damages for personal injuries including—

(i) the level of damages awarded by courts in the State and by courts in places outside the State, and

(ii) settlements of claims for damages for personal injuries,

(d) organise conferences, seminars and meetings relevant to those functions.

(8) Without prejudice to his or her obligations under the Data Protection Regulation and the Data Protection Act 2018, a person of whom a requirement is made under subsection (7)(a) shall comply with that requirement.

(9) A person who, without reasonable cause, contravenes subsection (8) is guilty of an offence and is liable on summary conviction to a class A fine.

(10) The court in which a conviction for an offence under this section is recorded or affirmed may order that the person convicted shall comply with the requirement made under subsection (7)(a), the contravention of which led to the conviction concerned.

(11) The Personal Injuries Guidelines Committee shall prepare and submit to the Council, for inclusion in the annual report of the Council under section 37 , a report in writing of the activities of the Committee during the period to which the annual report relates.

Membership of Personal Injuries Guidelines Committee

19. (1) The Personal Injuries Guidelines Committee shall comprise 7 judges nominated by the Chief Justice as follows:

(a) a judge of the Supreme Court;

(b) a judge of the Court of Appeal;

(c) 2 judges of the High Court;

(d) a judge of the Circuit Court;

(e) a judge of the District Court; and

(f) at the discretion of the Chief Justice, a judge of either the Circuit Court or the District Court.

(2) The Chief Justice shall appoint one of the judges nominated under subsection (1) to be a member of the Personal Injuries Guidelines Committee to act as chairperson of the Committee.

Term of membership of Personal Injuries Guidelines Committee

20. (1) Subject to subsection (5) and section 21 (3), each member of the Personal Injuries Guidelines Committee shall continue to be a member of the Committee for a term of 4 years from the date of his or her nomination unless he or she sooner dies or resigns.

(2) Subject to subsection (3), a member of the Personal Injuries Guidelines Committee whose term of membership expires with the passage of time shall be eligible for re-nomination to the Committee for a further term of 4 years.

(3) A member of the Personal Injuries Guidelines Committee who has served 2 terms as a member of that Committee shall not be eligible for re-nomination as a member of the Committee.

(4) A member of the Personal Injuries Guidelines Committee may resign from that Committee by notice in writing given or sent to the chairperson of the Committee and the resignation shall take effect on the day on which the chairperson receives the notice.

(5) Where a member of the Personal Injuries Guidelines Committee ceases to be a judge, or ceases to hold the judicial office which he or she held when he or she was nominated to be a member under section 19 , he or she shall thereupon cease to be a member of the Committee.

(6) Subject to section 22 (4) the Personal Injuries Guidelines Committee may act notwithstanding any vacancy in its membership.

Casual vacancies in membership of Personal Injuries Guidelines Committee

21. (1) Where a member of the Personal Injuries Guidelines Committee dies, retires or resigns from judicial office, resigns from the Personal Injuries Guidelines Committee in accordance with subsection (4) of section 20 or ceases to be a member of that Committee under subsection (5) of that section, the vacancy so occasioned shall be filled by a judge nominated by the Chief Justice to be a member of the Personal Injuries Guidelines Committee.

(2) The term of office of a member of the Personal Injuries Guidelines Committee nominated under subsection (1) shall be for the unexpired period of the term of membership of the member of the Committee whom he or she has replaced.

(3) A term of membership of the Personal Injuries Guidelines Committee of any duration resulting from a nomination under subsection (1) shall be regarded as a term of membership for the purposes of section 20 (3).

Meetings and procedures of Personal Injuries Guidelines Committee

22. (1) The Personal Injuries Guidelines Committee shall hold such and so many meetings as may be necessary for the performance of its functions.

(2) The first meeting of the Personal Injuries Guidelines Committee shall be held not later than 1 month after the date on which the Committee stands established under section 18 (1)(b).

(3) At a meeting of the Personal Injuries Guidelines Committee—

(a) the chairperson of that Committee shall, if present, be the chairperson of the meeting, or

(b) if and so long as the chairperson of that Committee is not present, the next most senior judge present shall be the chairperson of the meeting.

(4) The quorum for a meeting of the Personal Injuries Guidelines Committee shall be 3 or such other number, not being less than 3, as the Committee may determine.

(5) Subject to this Act, the Personal Injuries Guidelines Committee shall regulate its own procedures.

Sentencing Guidelines and Information Committee

23. (1) The Council shall—

(a) establish a committee to be known as the Sentencing Guidelines and Information Committee, and

(b) at the first meeting of the Council, specify the date upon which that Committee shall stand established which shall be a date not later than 6 months following that first meeting.

(2) Subject to this section and such directions (if any) as the Council may give to it, the functions of the Sentencing Guidelines and Information Committee shall be to—

(a) prepare and submit to the Board for its review draft sentencing guidelines,

(b) prepare and submit to the Board for its review draft amendments to sentencing guidelines adopted by the Council,

(c) monitor the operation of sentencing guidelines,

(d) collate, in such manner as it considers appropriate, information on sentences imposed by the courts, and

(e) disseminate that information from time to time to judges and persons other than judges.

(3) The Sentencing Guidelines and Information Committee, and any person authorised by it to act on its behalf, may, for the purpose of performing its functions, make arrangements with the Courts Service to—

(a) have access to court documents relating to criminal proceedings, and

(b) take and retain copies of such documents.

(4) Without prejudice to the generality of subsection (2), the Sentencing Guidelines and Information Committee may—

(a) consult with such persons as the Committee considers appropriate for the purpose of preparing draft sentencing guidelines, or draft amendments to sentencing guidelines, for adoption by the Council,

(b) collate information on decisions of the courts relating to sentences,

(c) conduct research on sentences imposed by the courts,

(d) disseminate decisions of the courts relating to sentences,

(e) prepare and disseminate information on such decisions and other materials relevant to its functions, and

(f) organise conferences, seminars and meetings relevant to its functions.

(5) Any information disseminated under subsection (4) shall not disclose the names of the parties to the proceedings concerned that are the subject of the decisions of the courts concerned or the identity of any person who is named in, or is identifiable from, a document referred to in subsection (3) that is used for the purposes of subsection (4) except where such disclosure is required—

(a) by a judge for the purposes of the exercise of his or her judicial functions in proceedings before him or her, or

(b) pursuant to an order of a court under subsection (6).

(6) A court may, on application in that behalf, in any criminal proceedings, if it considers that it is necessary in the interests of justice to do so, order that the requirement in subsection (5) not to disclose the names of parties to proceedings shall not apply in relation to specified decisions of the courts for the purposes of submissions to the court in relation to the sentence to be imposed in those proceedings and the determination by the court of that sentence.

(7) An order of a court under subsection (6) shall be limited in its effect to any barrister or solicitor representing a party to the proceedings concerned.

(8) The Sentencing Guidelines and Information Committee shall prepare and submit to the Council, for inclusion in the annual report of the Council under section 37 , a report in writing of the activities of the Committee during the period to which the annual report relates.

(9) In this section references to information shall include references to information in electronic or other forms.

Membership of Sentencing Guidelines and Information Committee

24. (1) The Sentencing Guidelines and Information Committee shall comprise the following 13 members:

(a) 8 judges nominated by the Chief Justice, including—

(i) a judge of the Supreme Court,

(ii) a judge of the Court of Appeal,

(iii) a judge of the High Court,

(iv) a judge of the Circuit Court, and

(v) a judge of the District Court;

(b) the lay members appointed under subsection (3).

(2) The Chief Justice shall appoint one of the judges nominated under subsection (1)(a) to be a member of the Sentencing Guidelines and Information Committee to act as chairperson of the Committee.

(3) The Government shall appoint 5 persons to be members of the Sentencing Guidelines and Information Committee (in this Act referred to as “lay members” of the Sentencing Guidelines and Information Committee) from among such persons as are recommended by the Public Appointments Service in accordance with section 25 for appointment as such lay members.

(4) Subsection (6) of section 44 , but only insofar as it relates to paragraphs (a) to (e) of that subsection, shall apply to the eligibility of a person for appointment to be a lay member of the Sentencing Guidelines and Information Committee as that subsection applies to the eligibility of a person for appointment to be a lay member of the Judicial Conduct Committee with the modification that the reference to a lay member of the Judicial Conduct Committee shall be construed as a reference to a lay member of the Sentencing Guidelines and Information Committee.

(5) Subsection (7) of section 44 , but only insofar as it relates to paragraphs (a) to (f) of that subsection, shall apply to the cesser of membership of a lay member of the Sentencing Guidelines and Information Committee as that subsection applies to the cesser of membership of a lay member of the Judicial Conduct Committee with the modification that the reference to a lay member of the Judicial Conduct Committee shall be construed as a reference to a lay member of the Sentencing Guidelines and Information Committee.

(6) Of the lay members appointed to the Sentencing Guidelines and Information Committee, not fewer than 40 per cent of them shall be women.

Recommendations for appointment of lay members of Sentencing Guidelines and Information Committee

25. (1) The Government shall request the Public Appointments Service to undertake a selection process for the purpose of identifying and recommending to the Government persons who it is satisfied are suitable for appointment to be lay members of the Sentencing Guidelines and Information Committee and, accordingly, the Public Appointments Service shall comply with that request and, following the conduct of such a selection process, make a recommendation to the Government in respect of persons who participated in such process in relation to whom it is so satisfied.

(2) Subject to subsection (3) and section 24 (4), the Minister shall agree with the Public Appointments Service the selection criteria and procedures that are to apply to a selection process under this section.

(3) For the purposes of making a recommendation under this section, the Public Appointments Service shall have regard to the desirability that the lay members of the Sentencing Guidelines and Information Committee will, among them, possess knowledge of, and experience in, as many as possible of the following matters:

(a) the prosecution of criminal proceedings;

(b) the defence of criminal proceedings;

(c) policing;

(d) the administration of justice;

(e) sentencing policy;

(f) the promotion of the welfare of the victims of crime;

(g) academic study or research relating to criminal law or criminology;

(h) the use of statistics;

(i) the rehabilitation of offenders.

(4) Subject to subsection (3), the Public Appointments Service shall not make a recommendation under this section in respect of a person unless it is satisfied that the person possesses such relevant experience, qualifications, training or expertise as is appropriate having regard to the functions of the Sentencing Guidelines and Information Committee as would render him or her suitable to be a lay member of the Sentencing Guidelines and Information Committee.

(5) The Public Appointments Service shall provide the Government with particulars of the experience, qualifications, training and expertise of each person in respect of whom it makes a recommendation under this section.

(6) This section shall, with any necessary modifications, apply in relation to the filling of any vacancy that arises in the lay membership of the Sentencing Guidelines and Information Committee.

Term of membership of Sentencing Guidelines and Information Committee

26. (1) Subject to section 27 (3), each member of the Sentencing Guidelines and Information Committee shall continue to be a member of the Committee for a term of 4 years from the date of his or her nomination or appointment, as the case may be, unless he or she sooner dies, resigns, becomes ineligible for membership or, in the case of a lay member, is removed from membership of the Committee.

(2) Subject to subsection (3), a member of the Sentencing Guidelines and Information Committee whose term of membership expires with the passage of time shall be eligible for re-nomination or re-appointment as a member of the Committee for a further term of 4 years.

(3) A member of the Sentencing Guidelines and Information Committee who has served 2 terms as a member of that Committee shall not be eligible for re-nomination or re-appointment, as the case may be, as a member of the Committee.

(4) A member of the Sentencing Guidelines and Information Committee who is a judge may resign from that Committee by notice in writing given or sent to the chairperson of the Committee and the resignation shall take effect on the day on which the chairperson receives the notice.

(5) A lay member of the Sentencing Guidelines and Information Committee may resign from that Committee by notice in writing given or sent to the Minister and the resignation shall take effect on the day on which the Minister receives the notice.

(6) The lay member of the Sentencing Guidelines and Information Committee concerned shall give or send a copy of the notice under subsection (5) to the chairperson of the Sentencing Guidelines and Information Committee when he or she gives or sends the notice to the Minister or as soon as practicable thereafter.

(7) Where a member of the Sentencing Guidelines and Information Committee who is a judge ceases to be a judge, he or she shall thereupon cease to be a member of the Committee.

(8) The Government may at any time remove from the Sentencing Guidelines and Information Committee a lay member of the Committee if the Government is satisfied that the lay member—

(a) has become incapable through ill health of effectively performing the functions of the office,

(b) has committed stated misbehaviour,

(c) has a conflict of interest of such significance that he or she should cease to hold office, or

(d) is otherwise unfit to hold office or unable to discharge the functions of the office.

(9) The Sentencing Guidelines and Information Committee may act notwithstanding any vacancy in its membership provided there are not less than—

(a) 4 members of the Committee who are judges, and

(b) 3 lay members of the Committee.

Casual vacancies in membership of Sentencing Guidelines and Information Committee

27. (1) Where a member of the Sentencing Guidelines and Information Committee who is a judge dies, retires or resigns from judicial office or resigns from the Sentencing Guidelines and Information Committee in accordance with subsection (4) of section 26 or ceases to be a member of that Committee under subsection (7) of that section, the vacancy so occasioned shall be filled by a judge nominated by the Chief Justice to be a member of the Sentencing Guidelines and Information Committee.

(2) Where a lay member of the Sentencing Guidelines and Information Committee dies, resigns from the Sentencing Guidelines and Information Committee in accordance with section 26 (5), ceases to be a member of the Committee under section 24 (5) or is removed from that Committee under section 26 (8), the vacancy so occasioned shall be filled by a person appointed to be a lay member of the Sentencing Guidelines and Information Committee in the same manner as the member of the Committee who occasioned the vacancy was appointed.

(3) The term of office of a member of the Sentencing Guidelines and Information Committee nominated in accordance with subsection (1), or appointed in accordance with subsection (2), shall be for the unexpired period of the term of membership of the member of the Committee whom he or she has replaced.

(4) A term of membership of the Sentencing Guidelines and Information Committee of any duration resulting from a nomination in accordance with subsection (1), or an appointment in accordance with subsection (2), shall be regarded as a term of membership for the purposes of section 26 (3).

Meetings and procedures of Sentencing Guidelines and Information Committee

28. (1) The Sentencing Guidelines and Information Committee shall hold such and so many meetings as may be necessary for the performance of its functions.

(2) The first meeting of the Sentencing Guidelines and Information Committee shall be held not later than 1 month after the date on which the Committee stands established under section 23 (1)(b).

(3) At a meeting of the Sentencing Guidelines and Information Committee—

(a) the chairperson of that Committee shall, if present, be the chairperson of the meeting, or

(b) if and so long as the chairperson of that Committee is not present, the next most senior judge present shall be the chairperson of the meeting.

(4) The quorum for a meeting of the Sentencing Guidelines and Information Committee shall be 5, of whom—

(a) not fewer than 3 shall be members of the Committee who are judges, and

(b) not fewer than 2 shall be lay members of the Committee.

(5) Subject to this Act, the Sentencing Guidelines and Information Committee shall regulate its own procedures.

Sentencing policy review

29. The Minister shall—

(a) not later than 2 years after the coming into operation of this section, commence a review of enactments which provide for the imposition of minimum sentences for offences and without prejudice to the generality of the foregoing the Minister may, as part of the review, consider—

(i) whether the continued imposition of such minimum sentences through the operation of such provisions is appropriate in respect of all offences to which such provisions apply, and

(ii) the extent to which in practice such minimum sentences are imposed in accordance with such provisions,

and

(b) not later than 12 months after the commencement of that review, make a report to each House of the Oireachtas on any findings of that review.

Judicial Support Committees

30. (1) The Council shall establish the following committees (referred to in this Act as the “Judicial Support Committees”):

(a) a committee to be known as the Supreme Court Judicial Support Committee comprised of the following members:

(i) the Chief Justice who shall, ex officio, be a member of the Committee or his or her replacement nominated under subsection (4);

(ii) an ordinary judge of the Supreme Court elected by the ordinary judges of that Court;

(b) a committee to be known as the Court of Appeal Judicial Support Committee comprised of the following members:

(i) the President of the Court of Appeal who shall, ex officio, be a member of the Committee or his or her replacement nominated under subsection (4);

(ii) an ordinary judge of the Court of Appeal elected by the ordinary judges of that Court;

(c) a committee to be known as the High Court Judicial Support Committee comprised of the following members:

(i) the President of the High Court who shall, ex officio, be a member of the Committee or his or her replacement nominated under subsection (4);

(ii) two ordinary judges of the High Court elected by the ordinary judges of that Court;

(d) a committee to be known as the Circuit Court Judicial Support Committee comprised of the following members:

(i) the President of the Circuit Court who shall, ex officio, be a member of the Committee or his or her replacement nominated under subsection (4);

(ii) two other judges of the Circuit Court elected by the ordinary judges and the specialist judges of that Court;

(e) a committee to be known as the District Court Judicial Support Committee comprised of the following members:

(i) the President of the District Court who shall, ex officio, be a member of the Committee or his or her replacement nominated under subsection (4);

(ii) two other judges of the District Court elected by the judges, other than the President, of that Court.

(2) The Council shall, at the first meeting of the Council, specify the date upon which the Judicial Support Committees shall stand established which shall be a date not later than 6 months following that first meeting.

(3) The function of a Judicial Support Committee shall be to advise and assist the Council in the performance of its functions under this Act insofar as matters relevant to the Court to which the Committee relates are concerned.

(4) The ex officio member of a Judicial Support Committee may from time to time nominate in writing another judge of the court of which he or she is Chief Justice or President, as the case may be, to perform the functions of that ex officio member of the Judicial Support Committee concerned during such period or on such occasion or occasions as are specified in the nomination.

(5) A nomination under subsection (4) shall—

(a) cease to have effect upon—

(i) the expiration of the period or the passing of the occasion or occasions, as the case may be, specified in the nomination, or

(ii) the rescinding of the nomination by the ex officio member of the Judicial Support Committee concerned who made the nomination,

(b) where the ex officio member of the Judicial Support Committee concerned who made the nomination ceases to hold the judicial office by virtue of which he or she became such ex officio member, cease to have effect upon that ex officio member ceasing to hold that office,

(c) where the judge in respect of whom the nomination was made ceases to hold the judicial office by virtue of which he or she was so nominated, cease to have effect upon his or her ceasing to hold that office, or

(d) where the judge in respect of whom the nomination was made by notice in writing given or sent to the ex officio member of the Judicial Support Committee concerned indicates that he or she does not wish to continue to perform the functions concerned, cease to have effect upon the receipt of that notice by that ex officio member.

(6) A member of a Judicial Support Committee, who is elected as such a member under paragraph (a)(ii), (b)(ii), (c)(ii), (d)(ii) or (e)(ii), as may be appropriate, of subsection (1) (in this section referred to as an “elected member of a Judicial Support Committee”), shall serve as a member of the Judicial Support Committee concerned for a term of 4 years from the date of his or her election.

(7) Subject to subsection (8), an elected member of a Judicial Support Committee whose term of membership expires with the passage of time shall be eligible for membership of the Judicial Support Committee concerned for a further term of 4 years.

(8) An elected member of a Judicial Support Committee who has served 2 terms as a member of the Judicial Support Committee concerned shall not be eligible for membership of that Committee other than in accordance with subsection (9).

(9) An elected member of a Judicial Support Committee who has served 2 terms as a member of the Judicial Support Committee concerned shall be eligible for membership of that Committee after a period of 4 years has elapsed immediately following the expiration of his or her most recent term of membership of that Committee.

(10) An elected member of a Judicial Support Committee may resign from membership of the Judicial Support Committee concerned by notice in writing given or sent to the ex officio member of that Judicial Support Committee or his or her replacement nominated under subsection (4), as the case may be, and the resignation shall take effect on the day on which the ex officio member or his or her nominated replacement, as may be appropriate, receives the notice.

(11) Where an elected member of a Judicial Support Committee ceases to hold the judicial office that he or she held when he or she became a member of the Judicial Support Committee concerned, he or she shall thereupon cease to be a member of that Committee.

(12) Where an elected member of a Judicial Support Committee dies, retires or resigns from judicial office, resigns from membership in accordance with subsection (10) or ceases to be a member under subsection (11), the vacancy in the Judicial Support Committee concerned so occasioned shall be filled by a judge elected to be a member of that Judicial Support Committee in the same manner as the member of that Committee who occasioned the vacancy was elected.

(13) A member of a Judicial Support Committee elected in accordance with subsection (12) shall serve as a member of the Judicial Support Committee concerned for the unexpired portion of the term of membership of the member whom he or she has replaced.

(14) A term of membership of any duration of a Judicial Support Committee resulting from an election in accordance with subsection (12) shall be reckoned as a term of membership for the purposes of subsections (8) and (9).

Remuneration and expenses of members of Board and committees

31. (1) Each member of—

(a) the Board, or

(b) a committee other than the Judicial Conduct Committee,

who is a judge shall be paid such allowances for expenses as the Minister, with the consent of the Minister for Public Expenditure and Reform, may determine.

(2) Each member, other than one who is a judge, of a committee other than the Judicial Conduct Committee shall be paid such remuneration (if any) and such allowances for expenses as the Minister, with the consent of the Minister for Public Expenditure and Reform, may determine.