Day 157 - 18 Jul 95 - Page 21
1 discoverable on those grounds. But if can come back to
2 that maybe? There was another ground for discovery but
3 I will come back to that.
4
5 MR. JUSTICE BELL: Yes.
6
7 MS. STEEL: On the provision of transcripts either by the court
8 or on our access to transcripts, if the transcripts that
9 are being made are official transcripts, then as parties to
10 an action we should be provided with any official records
11 of the proceedings either through public funds if we are
12 too poor to be able to pay œ350 a day, or by allowing us to
13 make our own copies of the transcripts since, as Dave has
14 gone into, the court should ensure that there is equality
15 of arms, because that is considered by the European
16 Commission of Human Rights to be an essential element of a
17 fair trial.
18
19 If the transcripts are not official transcripts, then the
20 court has the power under the Contempt of the Court Act to
21 set such conditions as it thinks fit which was already
22 referred to by Mr. Rampton this morning. So, perhaps, I do
23 not need to go to the White Book, although I can, if you
24 want, such conditions could be that the Plaintiffs make
25 available or allow access to any transcripts so produced by
26 the use of the court's facilities, i.e. the tape recording
27 being made in court -----
28
29 MR. JUSTICE BELL: It is not though, as I understand it, the
30 transcript is not a Lord Chancellor's Department transcript
31 produced by the Recording Department.
32
33 MS. STEEL: So if it is not an official transcript -----
34
35 MR. JUSTICE BELL: It is an official transcript; it is coming
36 from the Shorthand Writer.
37
38 MS. STEEL: Then the court has the power to impose such
39 conditions as it thinks proper.
40
41 MR. JUSTICE BELL: But where do you get that from? What is your
42 authority for that?
43
44 MS. STEEL: Can we just clarify? Are you saying it is an
45 official transcript or it is not?
46
47 MR. JUSTICE BELL: You tell me. Decide which it is and then
48 point me at something which gives me the power to do
49 anything with it.
50
51 MS. STEEL: We are putting an alternative argument because we
52 have not really been able to find out whether or not they
53 are official.
54
55 MR. JUSTICE BELL: Take them one at a time then.
56
57 MS. STEEL: Right, if they are official, then as parties to an
58 action we should be provided with any official records of
59 the proceedings.
60
