Written answers

Tuesday, 29 September 2015

Department of Justice and Equality

Courts Service Administration

Photo of Clare DalyClare Daly (Dublin North, United Left)
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365. To ask the Minister for Justice and Equality if she will clarify remarks made (details supplied) in respect of a case of a person with disabilities. [32980/15]

Photo of Clare DalyClare Daly (Dublin North, United Left)
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366. To ask the Minister for Justice and Equality if she will clarify previous statements made by her (details supplied) regarding the issuing of digital audio recordings. [32981/15]

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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I propose to take Questions Nos. 365 and 366 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.

All Court records, including recordings of court proceedings, are under the control of the presiding Judge, as provided for in section 65(3) of the Court Officers Act, 1926. As I previously informed the Deputy in response to Parliamentary Questions No. 150 of 5 February 2014, 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. The Courts Service has advised that there is no automatic entitlement to a DAR recording, however, a party to a case may apply to the court to access the recording. The granting of access and the terms under which such access is granted is a matter for the judge, including the format in which the recording is to be provided. In common with all court rules these instruments are available on the Courts Service website.

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