Witnesses introduce themselves in Irish in Belfast Courts for what may be first time at Tribunal - but ban on Irish in court documents remains as 1737 law unrepealed
Conradh na Gaeilge and several witnesses from the Irish language community appeared before a Tribunal in Belfast today, Monday 15th January 2024. The legal challenge was originally to be heard in August 2023, but was deferred to allow for further evidence to be gathered and to enable Belfast City Council to appear as a party to the proceedings.
The case, brought by Conradh na Gaeilge, and supported by The PILS (Public Interest Litigation Support) Project and represented by CAJ (Committee on the Administration of Justice), challenged a decision taken by Belfast City Council and subsequently upheld by the Information Commissioner refusing to disclose legal documentation which determined a legal test for a “call-in” by the DUP regarding bilingual signage at Olympia leisure centre had been met. The legal determination provided to Council was found to have met the threshold which suggests that bilingual signage could “disproportionately affect adversely” a “section of the inhabitants of the district”. Belfast City Council subsequently refused to disclose this legal opinion following a Freedom of Information request from Conradh na Gaeilge.
Members of the Irish speaking community, including Claire Donnelly, Principal of local Irish Medium primary and nursery school Scoil an Droichid, Seán Ó hEacháin, Head of Irish at Coláiste Feirste, Eoghan Ó Gormaile, Community Worker at Glór na Móna, and Cuisle Nic Liam, Language Rights Coordinator with Conradh na Gaeilge, all introduced themselves in Irish.
The Tribunal reserved judgement and hopes to deliver their judgement within 3 weeks.
It is likely this is the first time witnesses have officially used Irish in Courts in Belfast since the introduction of the 1737 Administration of Justice (Language) Act (Ireland) 1737.
This ban on the use of Irish in court documentation due to the 1737 Administration of Justice (Language) Act (Ireland) has yet to be repealed. The Language and Identity Act (2022), brought in by Westminster, makes statutory provision to repeal the ban, but this has not yet been triggered to date.
Speaking outside of the Tribunal, Cuisle Nic Liam, Language Rights Coordinator with Conradh na Gaeilge, commented:
“We were incredibly disappointed when the DUP continued their long-running obstruction of Irish language rights and “called-in” a decision on bilingual signage in Olympia leisure centre. When the following legal opinion provided to Council was found to have met the threshold which suggests that bilingual signage could “disproportionately affect adversely” a “section of the inhabitants of the district”, we immediately requested a copy through a Freedom of Information Request. Belfast City Council refused to disclose those documents. That legal opinion effectively overturned a committee that had voted 12vs6 in favour of bilingual signage at Olympia.
“This legal opinion seriously impacts a community, and, by refusing to release that information, Belfast City Council have precluded the public from seeing the criteria and rationale by which a decision was ultimately taken to reject bilingual signage. We believe, given the ongoing consultation into this issue, and the broader debate around language rights, that legal determination directing council policy should be transparent and open to scrutiny and challenge. We hope, through this tribunal, that we can return to a culture of openness and transparency, and that future legal determinations sought, and paid for by the Council with rate-payers money, are made readily available to communities and citizens across the board.”
Conradh na Gaeilge would like to thank PILS for their continued support, and to CAJ for their ongoing guidance in this and other campaigns. The hearing took place on Monday 15th January at 10:00 at: Tribunal Hearing Centre, 2nd Floor, Royal Courts of Justice, Chichester Street, Belfast. BT1 3JF.
CONTACT:
Cuisle Nic Liam, Language Rights Coordinator
200-202 Bóthar na bhFál, BT12 6AH
Pádraig Ó Tiarnaigh, Bainisteoir Cumarsáide
202 Bóthar na bhFál, BT12 6AH
SOCIAL MEDIA:
X: @cnag / Instagram @cnagaeilge
