Judges could be subject to ‘cooling-off’ restrictions after leaving bench

Judges could be subject to 'cooling-off' restrictions after leaving bench

Retiring judges could be made subject to a “cooling-off” period before taking up roles in the private sector under proposals aimed at improving ethics in public office.

The Department of Public Expenditure, NDP Delivery and Reform yesterday published the report of its review of Ireland’s statutory framework for ethics in public office, which will inform new government legislation.

Among the report’s recommendations is the establishment of a “new statutory board to address potential conflicts of interest as public officials take up roles in the private sector” and that consideration be given to widening existing “cooling-off” provisions.

Though acknowledging that judges’ pensions “are set at a level understood to be sufficient to ensure that recipients should not need to resume professional activities on retirement, there is a trend for retired members of the judiciary to remain professionally active in closely associated fields such as commercial mediation or as members of inter national commercial tribunals”.

The report also notes that Attorneys General “have also taken up senior positions in the private sector on leaving office” and that the Group of States against Corruption (GRECO) has already recommended that the role of the Attorney General be covered by post-public sector employment controls.

It goes on to recommend that the government “should examine in consultation with the Attorney General and the Department of Justice whether any constitutional or deontological obstacles prevent the inclusion of the judiciary in a consolidated and unified statutory regime”.

The report adds: “In the event that a regime of ‘cooling off’ periods is put in place for elected office holders, extension of the arrangement to cover the role of Attorney General and the judiciary should also be examined.”

Minsters agreed in December to prepare a general scheme for legislative reform based on the outcome of the review.

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