Alex White (Labour)

It is not clear that the provisions in this section will constitute an improvement to our jurisprudence. The section proposes to repeal the requirement that a District Court judge must keep a note of the evidence before him or her. We do not have a system for universal transcription in the courts, so it is questionable to say the least not to require a formal note of the evidence presented to a judge. The Minister for Justice, Equality and Law Reform has given no rationale for dispensing with the requirement and considerable support was expressed in previous debates for a proposal to retain the requirement.

The Minister made the self-evident point in the other House that an appeal of a District Court judgment is a complete rehearing of a case, so a judge's note is not necessary in that instance. However, it may be necessary in a case stated in a judicial review of a District Court judgment, which is a relatively frequent occurrence, or on the rare occasion of a complaint being made against a District Court judge. For example, an issue may arise before the proposed judicial council. It is not entirely clear why this admittedly ancient provision in the Petty Sessions (Ireland) Act 1851 is to be dispensed with. What is the problem with retaining the requirement that a District Court judge shall keep a note of the evidence before him or her?