Tuesday, 25 June 2013

Ceisteanna (444, 445)

Clare Daly

Ceist:

444. Deputy Clare Daly asked the Minister for Justice and Equality if he will outline in the context of the Digital Audio Recording service, which was implemented in the court system as a way of providing an accurate record of evidence for distribution from CD, DVD and VCR as a method of guaranteeing open and fair justice for everybody in a cost effective manner, the reason these CDs have not been made available to lay litigants; to whom are the recording made available; and the reason the procedure for acquiring these CDs is not shown on the Irish Courts Service website as in other jurisdictions along with an outline of the fee and time limit for request. [30096/13]

Amharc ar fhreagra

Clare Daly

Ceist:

445. Deputy Clare Daly asked the Minister for Justice and Equality the procedure for a lay litigant to obtain the CD of a digital audio recording of the proceedings of a case; the person whose responsibility it is to supply these recordings; and the recourse open to them in the absence of the recording being made available. [30097/13]

Amharc ar fhreagra

Freagraí scríofa (Ceist ar Justice)

I propose to take Questions Nos. 444 and 445 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. I can inform the Deputy that relevant rules of the District Court, Circuit Court and Superior Courts (SI 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.