Oireachtas Joint and Select Committees

Thursday, 13 June 2013

Joint Oireachtas Committee on the Implementation of the Good Friday Agreement

Northern Ireland Irish Language Act: Discussion

1:25 pm

Ms Janet Mullet:

Gabhaim buíochas le gach duine as éisteacht linn inniu. Bhí an cruinniú iontach suimiúil agus táimid fíor-bhuíoch don choiste go léir. We are very grateful for the invitation to address the committee and for all the comments that have been made.

The Irish language Act is an attempt to depoliticise the Irish language; it is about removing it from the political arena and placing it in the administrative arena. We have seen that happen in the North around the implementation of the European Charter for Regional and Minority Languages. The British Government in the Good Friday Agreement gave a commitment that it would look at that and it subsequently ratified the charter. When that was first introduced, there was a great deal of negative reaction from some quarters, with some people saying they would not implement the charter. Legal advice was sought and it was made clear that the charter had to be implemented and that it would bring benefits, clarifying the duties of civil servants and public bodies. It contributed to a more peaceful and forward looking society and the charter is now implemented to a certain degree.

The difficult with the charter ironically is that those who are opposed to an Irish language Act say that because we have the charter, we do not need anything else. These are the same people who at one stage said they would not implement the charter. There can be a progression in people's minds as long as the understanding is there that continual delay is not an option.

One of the weaknesses of the charter is that it is not enforceable through the courts, although it has given a level of awareness of and status to the Irish language. Much of the preparatory work, therefore, for an Irish language Act is already in place through the implementation and introduction of the charter. All language legislation is compensation for damage that has been done to a language. Dominant languages do not have legislation. Although legislation cannot be a panacea for the needs of a language, there is no language that has gone from being in a disadvantaged and threatened position to being significantly restored without legislation. The Irish language Act is a crucial piece of the jigsaw when it comes to the promotion of the Irish language. It will create space for the language within all sections of society.

We have heard a number of issues brought up today. Those who are favourable to the language, particularly in the North where we do not have domestic protection for the language, can continue to deal with those issues on a piecemeal basis, which we have done and will do, but that is not a solution. Pobal deals today with the same issues that were coming up 14 years ago. We can and will continue to do that for as long as we are funded and are able to do it. An Irish language Act would save so much time and frustration and difficulty for ordinary Irish speakers

It is extremely important a timescale is put in place for a strong, comprehensive, rights-based Irish language Act. If it was to be introduced within a three year timescale, much of the preparatory work, the educational work and awareness work could be undertaken straight away and the ongoing work could continue.

The Act should make the Irish language an official language in the North. It should create a broad range of guaranteed rights and services within a wide range of areas, such as in the courts, where it is currently illegal to speak or write Irish. It is the only language that is effectively banned from use in the courts. There should be a framework for the Irish language in the courts, in education, in the public services, in the political institutions and in the media. There must be a strong enforcement and implementation mechanism and we suggest it should resemble the enforcement mechanism in the South and in other countries, with a language commissioner with strong duties and rights. We are very supportive of the role of Seán Ó Cuirreáin in that field.

Educational and awareness raising work is ongoing. I want to link that to the issue of core funding for the language organisations. We are one of the key organisations that has spearheaded the issues around legislation, monitoring, research and community rights. We were instrumental in the work by the Committee on the Administration of Justice published on the Irish language recently. Niall Ó Cathain referred earlier to the support we enjoy from the Northern Ireland Human Rights Commission but our funding for that work ends on 30 June. That will be the fifth time our funding has ended and we have been forced to issue redundancy notices to our very small team of workers. It is difficult for the core funded organisations to continue on this basis. We must deal with this ongoing issue with Foras na Gaeilge arising from the North-South Ministerial Council so I support Aodán Mac Póilín's comments on that.

We would ask the committee to press for a timescale for the implementation of a comprehensive, rights-based Irish language Act, and for pro-active action on education and awareness raising work in the light of that commitment on an agreed timescale. If the timescale is not agreed before, we are no further along, and we have already waited seven years for the commitment made at St. Andrews to be fulfilled. We support and congratulate the Department of Culture, Arts and Leisure in the North for the steps it has taken on a strategy for the North and supporting an Irish language Act. That standing has not been without difficulty for the Department and Minister and the support of this committee would be very important for that.

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