Alex White (Labour)

I move amendment No. 3:

In page 23, to delete lines 23 and 24.

I return to this issue which we dealt with on Committee Stage. I made the point that it was difficult to see how our jurisprudence would be improved by the proposal to delete the requirement in the Petty Sessions (Ireland) Act 1851 with regard to the judge's note. On Committee Stage, the Minister of State, Deputy Conor Lenihan, made the point to the House, of which we were well aware, that an appeal from the District Court is by way of a full rehearing in the Circuit Court. It is still difficult to see why, in the absence of a universal transcript system, we should not have a formal judge's note of the evidence before him or her. Need for this could arise in a case stated, a judicial review or a complaint against a judge before the judicial council if and when it is established.

It is no use stating an appeal to the Circuit Court is a full rehearing. We know this. However, need for a note could arise in other circumstances. On Committee Stage, the Minister of State, Deputy Conor Lenihan, referred to two authorities, namely, Friel v. McMenamin and Hegarty v. Fitzpatrick. In these cases, the court refused to permit the applicants to have access to the note of the evidence required under section 24 of the 1851 Act. Taking the outcome of these cases as read still does not dispose of the possibility that a judge might need a note to finalise a case stated, that the High Court might wish to have access to a note or that the judicial council, when it is established, might require access to a note.

The case for the removal of this provision has not been compellingly made. On Committee Stage, the Minister of State, Deputy Conor Lenihan, did not clarify from where this is coming and perhaps the Minister of State, Deputy Tony Killeen, will do so now. I know it is a matter for the Government to bring forward proposals to change legislation. What is the source of the case being made for this change? Is it coming from the Courts Service or the judges of the District Court? I am perplexed by it and I do not see any real rationale for it.