Michael McDowell (Independent) | Oireachtas source

I am supportive of what Senator Ward is attempting to achieve. I do not know whether the particular mechanism by which he is proposing it should be done is the correct one. It may be of interest to him to know that when I was Minister for Justice, the exact same point occurred to me. Rather than seeking to cut across the Judges' rules, I asked the Chief Justice at the time to look at the question as to whether this was one which the Judiciary wanted to look at again or whether it thought it was proper for me to attempt to legislate on. Unfortunately, my request was never addressed in substance. The only thing that I can say is that it is absurd that there is a recorder, a video and somebody taking down in longhand the questions and answers as they are given. I remember another anecdote relating to representing members of the Garda at disciplinary inquiries where the same procedure applied. The question was typed out by a two-finger typist, a sergeant clerk, and the answer was then typed out when it was given.The effect was that the cross-examination was completely subverted because it took about two minutes for witness to consider very carefully why the question was being asked and what kind of answer would be most supportive of his or her case.

I agree with Senator Ward that the time has some to scrap the requirement that a written record, as well as an electronic one, be taken of any matter. The point could be made that the recording system might collapse and there might be no record at all of what went on, although I do not think that is valid anymore. In this House we do not operate on the basis that every word is written out and that every response from a Minister awaits the writing out of a speech made in support of a motion. In the 21st century, we should look at the judges' rules again to see whether that particular requirement is antiquated and counterproductive.