A Bill dealing with judicial conduct and ethics will be published this year, the Minister for Justice told the Dáil.
Mr McDowell said that among the matters to be dealt with was a process for the investigation of complaints about judicial misbehaviour, including lay participation in the investigation of complaints.
"This process would not be a substitute for impeachment as the ultimate sanction available for dealing with allegations of the most serious misconduct, although the expectation is that in appropriate cases the process could result in a recommendation to the Houses of the Oireachtas that impeachment proceedings be considered."
The Fine Gael spokesman on justice, Mr Jim O'Keeffe, suggested that the matter should be tackled with some degree of urgency. "It is over four years since the Sheedy affair, but we are in the same position now as we were then."
Mr McDowell said that a proposal was canvassed in the House, but it was withdrawn due to the absence of an all-party consensus on holding a referendum. A report, he added, had been received from the Denham committee, which included proposals for legislation.
"It was implicit in the report, and clear from the report's terms, that an amendment to the Constitution was not necessary for the establishment of a judicial council, one of whose functions would be to investigate allegations of misbehaviour against judges. It is my belief that it is not necessary to amend the Constitution to provide for such a mechanism, provided it is consistent with the terms of the Constitution and does not infringe on the clear constitutional function of the Oireachtas with regard to the ultimate sanction of removal from office.
"Short of that ultimate sanction, there can be circumstances in which a judge could, for example, be reprimanded for inappropriate behaviour, cautioned about his or her behaviour or, in certain circumstances, advised on his or her behaviour. An example would be in a judge's performance was being adversely affected by an addiction to alcohol or the like."
Mr McDowell said that it was envisaged by the Denham report, and by him in his legislative programme, that a judicial council approach would consist of a body with lay participation. "It will not be a question of judges investigating themselves."
