Conor Lenihan (Dublin South West, Fianna Fail)

The 1851 Act is more often honoured in the breach and, at least since the foundation of the State, it has not in fact been the practice of District Court judges to keep notes or records. An obligation to keep such notes or have stenographers formally record decisions and evidence would impose a significant administrative burden on the District Court.

As a lawyer, Senator Alex White will be aware that an entirely new hearing takes place when an appeal issues to a judgment of the District Court, so the decision of a judge of the lower court is immaterial. Section 14(1) of the Courts Act 1971 provides that in any legal proceedings, regard shall not be had for any record pertaining to a decision of a judge of the District Court in any case of summary jurisdiction. This means that even if a note had been kept of the evidence presented to the court, it could not be used in an appeal.

District Court judges are very busy people. In 2006, for example, 560,155 cases were heard before the District Court. To introduce the entire panoply of recording and minute taking for what a District Court judge may say is, in a sense, pointless because the evidence is reheard de nova in the Circuit Court. I acknowledge the Senator's argument in respect of disciplinary proceedings against a judge but that is a matter for the court system itself.

The Government is rolling out the digital audio recording system for the Courts Service on a phased basis. The District Court is phase three on this, with the more weighty courts having priority. However, digital audio recording will only assist in one respect, namely, where a prosecution for perjury is taken against a witness. Digital records might be helpful where gardaí discover subsequent to a hearing in a District Court that a witness perjured him or herself.

It is not necessary from an evidential point of view to keep a record of the decisions of District Court judges because appeals are reheard entirely in the Circuit Court. In addition, it would be somewhat vexatious and expensive in administrative terms. The ruminations of District Court judges do not go entirely unrecorded because the media on occasion add to the gaiety of the nation by recounting their views on various issues.