Dáil Éireann Debate, Wednesday - 16 December 2020
267. Deputy Mattie McGrath asked the Minister for Justice if the written and audio DAR record of court proceedings is given free of charge and without undue delay or a written legal reason for refusal be provided in accordance with Directive (EU) 2016/680 in cases in which a litigant applies to the court office. [43728/20]
View answerUnder the provisions of the Courts Service Act 1998, management of the courts is the responsibility of the Courts Service which is independent in exercising its functions.
However, in order to be of assistance to the Deputy, I have had enquiries made and the Courts Service has provided the following update on this matter.
All records created in relation to court proceedings are considered 'court records'. As these records relate to the business of the court, they are within the control of the judge concerned. In accordance with the Constitution, the judiciary are independent in the exercise of their judicial functions. Court offices do not control the release of the recordings or transcripts.
Special procedures are in place for any party who wishes to apply for access to a recording of court proceedings (also known as the “DAR” recording). Rules of court govern the procedure to be followed when seeking access to any recording of court proceedings and the terms on which access may be allowed. These rules are prescribed in the following statutory instruments:
- S.I. No. 99 of 2013 - District Court Rules (Recording of Proceedings) 2013
- S.I. No. 100 of 2013 - Circuit Court Rules (Recording of Proceedings) 2013
- S.I. No. 101 of 2013 - Superior Court Rules (Recording of Proceedings) 2013
Any request for access to a recording of court proceedings must be made by formal application to the trial judge in the proceedings, and on notice to the other party or parties to the proceedings.
It is a matter for the judge to decide whether, and in what format, access to a recording of court proceedings is provided. The reasons for a judge's decision not to release records would be pronounced in open court and could be included in any order that is handed down.
The court may turn down an application for a recording or transcript where the person making the application is unconnected to the proceedings. However, if they have legitimate grounds to access the information, it is issued to them.
If an application for court recordings has been granted by the judge, the applicant may have to pay the transcription costs (unless the judge directs otherwise). The payment of the fee for the transcript is typically only levied in civil matters and the cost of producing a transcript of a recording is approximately €200 per hour of audio recording. Where a transcript is already prepared for a criminal trial judge, the party seeking the transcript would not be asked to pay a fee.
The Courts Service does not record the length of time between an application being lodged, the date of the court application and the release of a record of proceedings. However, in general, once a court grants such an application, the copy record is produced on a priority basis and sent to the person who has applied for it within a matter of days.
