Proceedings follow two successful Judicial Review Review challenges in 2017 and 2022 which declared Executive was in breach of legal duties and called for any new Executives to act with urgency to uphold 2007 law.
Conradh na Gaeilge has lodged proceedings for a third Judicial Review in little over 8 years regarding the outstanding Irish Language Strategy. This case is taken against both the Executive and the Minister for Communities, Gordon Lyons MLA.
The Irish language Strategy was promised as part of the 2006 St Andrew’s Agreement, which made amendments inserting Section 28D into the NI Act 1998. The Irish language Strategy was also promised again as part of the 2020 New Decade New Approach Agreement, and that Strategy was to be brought forward within 6 months of the Agreement. In June 2021, the then Communities Minister Deirdre Hargey MLA convened an Expert Advisory Panel to bring forward recommendations for the Strategy, which was published in March 2022. The former Minister also convened a Co-Design Group, made up of a broad range of Irish language organisations, in November 2021. That co-design group met consistently since then, completing a draft strategy action plan by November 2023. Although the Assembly and Executive returned in February 2024, no draft Strategy has been brought by the Minister for Communities, Gordon Lyons MLA, before the new Executive for approval.
Conradh na Gaeilge has brought two previous Judicial Review cases before the High-Court against the Executive, in 2017 and 2022, and on both occasions received declarations that the Executive had been in breach of it’s statutory duty to adopt an Irish language Strategy. The most recent judgement, from Justice Scoffield in August 2022, declared “it was incumbent upon the Executive to act with alacrity”, ruling that a delay of 12 months was not “reasonable”. The current Minister and Executive have now had 17 months to bring forward and adopt a Strategy. To date, no draft Strategy has been produced by the Minister for consideration by the Executive.
Dr Pádraig Ó Tiarnaigh from Conradh na Gaeilge said:
“An Irish language Strategy will set out the Executive’s plan to promote and develop the language over the coming 20 years. The original statutory duty was imposed in law in 2007. We have had 2 very decisive High-Court declarations since then calling for the Executive to act with urgency. Almost 20 years on, we should now be preparing our second Irish language strategy. Unfortunately, we haven’t even seen a draft of our first. Irish language organisations have been working tirelessly as part of a Co-Design Process since 2021 to develop a Strategy that will make a difference, helping families, parents, schools, communities and the state to develop their Irish language support structures.”
“This should be a cross-departmental road map charting the best way forward for the Irish language here, with clear timelines, targets and actions. We are incredibly disappointed, therefore, to have been left in no position but to seek further remedy from the Courts. To have to return to the Courts for a third time is simply unacceptable. It is our opinion that both the Executive and the Minister for Communities have failed to uphold their legal duties in bringing forward this Strategy, and we have seen nothing to convince us that this is in any way a priority for the Minister in charge of its development.”
Niall Murphy, KRW Law, acting on behalf of Conradh na Gaeilge, commented:
“We confirm that we have lodged proceedings for what will be a third judicial review of the failure by the Executive and the Minister to bring forward and implement an Irish language strategy. Mr Justice Maguire found in 2017 that the Executive had failed in breach of its statutory duty to adopt a strategy, and Mr Justice Scoffield in 2022 found again that the failure had persisted and was indeed unlawful. Our application will seek the courts to remedy these persistent and flagrant failures, by way of an Order for Mandamus, to immediately publish a comprehensive timetable and delivery of an Irish language strategy within a reasonable period of time, to include concrete steps towards and a concrete date for the adoption of an Irish language strategy.”
The Judicial Review papers were lodged with the High Court last week, on the 24th June 2025. The case is set for a High-Court review in September 2025. This case is being supported by PILS (Public Interest Litigation Support), and with continuous guidance from the Committee on the Administration of Justice (CAJ).
The Communities’ Minister Gordon Lyons MLA is expected to appear before the Committee for Communities this morning, Thursday 3rd July, at 10am.
SOCIAL MEDIA
X: @CnaG
Instagram: @cnagaeilge
CONTACT
Pádraig Ó Tiarnaigh
Communications Manager, Conradh na Gaeilge
+447716690237 |
Conchúr Ó Muadaigh
Advocacy Manager, Conradh na Gaeilge
+447596520262 |
Niall Murphy
KRW Law
+44 7976 070036
PILS
EDITOR’S NOTE:
Full Ruling of Justice Maguire, High-Court, 3 March 2017: https://www.judiciaryni.uk/
Full Ruling of Justice Scoffield, High-Court, 26 August 2022: https://www.judiciaryni.uk/
Conradh na Gaeilge had been working as the Joint-Chair of the Irish language Strategy Co-Design Groups since it’s establishment in November 2021.
