asked the Minister for Justice if he is aware that in the case of appeals from the High Court delays of many months occur in obtaining the transcripts of the High Court cases and that this impedes and delays court procedure; and the steps he proposes to take to remedy the situation.
Ceisteanna—Questions . Oral Answers . - High Court Appeals .
22.
: I am not so aware.
I am informed that the majority of High Court cases in which appeals are lodged and in which transcripts are required are common law actions arising out of claims for damages for personal injuries. In those cases the parties concerned employ freelance shorthand writers, who are not responsible to my Department, to record the proceedings and prepare transcripts, if required.
In Chancery and Family Law cases in the High Court official stenographers, employed by my Department, record the proceedings and prepare transcripts when required for the purposes of bringing appeals. No complaints have been received of delay in furnishing transcripts in any of those cases.
: Will the Minister tell the House the longest period of time likely in the case of such transcripts?
: The question related to periods of time. The evidence I have is that very speedy effort has been put into certain cases which I have before me. I will give the Deputy some examples. In an income tax case concerning Murphy and another v. the Attorney General the transcript was ready in one month; in the case of McGrath and another and the Trustees of Maynooth College the transcript was ready in two months; in the case of the Chariot Inns v. Assicurazioni Generali and others, it took 16 days at hearing last year ending on 30 December 1979, reserved judgment was delivered on 24 January 1980 and an appeal was lodged. Transcript was lodged about three and a half months after the date of notice of appeal. These are a number of instances where there was very speedy action in relation to transcripts.
: We are not concerned about those cases.
: The Deputy should put down a separate question.
: My question dealt with delays. As the Minister clearly is unable to answer the question regarding the longest delays involved and as his brief is inadequate in this respect, I would ask him to investigate allegations by many people in the legal profession that there are delays of many months with regard to getting the transcripts. I would ask him to look into this matter to ensure that people are not denied justice. Secondly, does the Minister accept that the employment of freelance transcribers or shorthand notetakers is an adequate replacement for the responsibility of his Department and the courts to provide all of those elements that are necessary to a proper, efficient and speedy system of justice?
: As I have said, no complaints have been received by my Department.
: That must be due to the postal service. The Minister of State will be apologising for this in a few months' time.
: The employment of stenographers in common law matters is purely a matter for the solicitors in the cases concerned and it does not come under the jurisdiction of my Department.
: I am asking the Minister of State to reply to Question No. 23.
: That is my point. They should not be asked to do that. It is the job of the Minister and his Department to provide the transcripts.
: There have been no complaints received by my Department with regard to the matters referred to by the Deputy.
: Question No. 23.