Written answers

Tuesday, 16 July 2013

Department of Justice and Equality

Courts Service Issues

Photo of Clare DalyClare Daly (Dublin North, Socialist Party)
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897. To ask the Minister for Justice and Equality if the Irish Courts Service will update their website with accurate information with full costings for CD ,DVD, VCR; the reason the recordings in CD format are not available and are CDs available to a party directly involved in a case, that is, plaintiff or defendant as in other jurisdictions and EU States [34768/13]

Photo of Clare DalyClare Daly (Dublin North, Socialist Party)
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898. To ask the Minister for Justice and Equality if a party can request a CD at any time; and are recordings kept for an indefinite period of time. [34772/13]

Photo of Clare DalyClare Daly (Dublin North, Socialist Party)
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899. To ask the Minister for Justice and Equality the person in the Courts responsible for ensuring digital audio recording are administered properly; if there there a code of procedure or conduct published to help to ensure public scrutiny of the functioning of our justice system. [34773/13]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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I propose to take Questions Nos. 897 to 899, inclusive, together.

As the Deputy will be aware the courts are, subject only to the Constitution and the law, independent in the exercise of their judicial functions, and the conduct of any case is a matter entirely for the presiding judge.

As I previously informed the Deputy in response to Parliamentary Questions No. 444 and 445 of 25 June 2013, the relevant Rules of the District Court, Circuit Court and Superior Courts (S.I. Numbers 99/2013, 100/2013 and 101/2013) came into effect on 8 April 2013. The instruments regulate the procedures whereby parties or other persons wishing to have access to records of court proceedings, including audio recordings, may apply to the court concerned for access to such records. The instruments also set out the terms on which such access may be granted. There is nothing to prevent a party to a case applying to the court to access the recording. However, the granting of access and the terms under which such access is granted is a matter for the court. In common with all court rules these instruments are available on the Courts Service website. There are no prescribed fees in respect of CDs of court proceedings and, as indicated above, it is entirely a matter for the court to allow access to records of court proceedings or to determine whether access may be granted by CD or transcript.

I am informed that Digital Audio Recordings have been made in the Supreme Court and the Court of Criminal Appeal since 2005, in the High Court and in Circuit Courts since 2009 and in the District Court since 2011. All recordings made to date are being retained. The relevant court officers together with the contracted external service provider have responsibility for operating and administering the digital audio recording system.

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