Cian O'Callaghan (Dublin Bay North, Social Democrats)
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I move amendment No. 8:

In page 28, between lines 2 and 3, to insert the following: “ “competent in the Irish language” means spoken competency at level B2 at least of Teastas Eorpach na Gaeilge;”.

The amendment relates to a definition and makes sense with respect to the other amendments I have tabled regarding the Irish language. It will insert a definition of competency in the Irish language as relating to a level of at least B2 from Teastas Eorpach na Gaeilge. When it comes to the Irish language and development in Gaeltacht areas, among each local authority that has plans and policies in this context, there is no consistency regarding the language requirement. The amendment provides a definition such that there will be consistency in that regard. B2 in a European language is a recognised competency level and it was suggested by Conradh na Gaeilge and others that we would go for that level.

Amendment No. 603 relates to language plans that come on a statutory basis from the Gaeltacht Act 2012 and are allowed by the Minister of State with responsibility for the Gaeltacht. It will provide that the commission shall have regard to these plans when performing its functions under planning guidelines No. 15, on development plans, issued by the Minister pursuant to section 28 of the current Act. It is stated under mandatory objective No. 12, on Gaeltacht areas, regarding development in the Gaeltacht, that "Gaeltacht areas form a unique part of our Irish cultural and linguistic heritage and development plans have a role to play in their protection ... and development", that policies should be considered for inclusion and that the plan should ensure that "development proposals in Gaeltacht areas have a positive impact on the linguistic and cultural heritage". It states that some forms or scales of development may have to be discouraged. Current Government policy recognises the need for development to have a positive impact on the linguistic and cultural heritage of the Gaeltacht and that development must be managed to this end. Language impact statements, prepared by an independent expert suitably qualified in sociolinguistics or language planning, are necessary to determine the impact of the proposed development on the promotion and use of Irish as a language of the community.

Again, there is a lack of consistency here in terms of what happens on the ground. Different local authorities have different policies in this area, in many cases, in terms of the language impact statements, what is required and who signs off on them. In some cases, the builder or architect who signs off on them may not have any expertise in the area, which kind of reduces it to a box-ticking exercise that somewhat undermines the whole idea of the provision of language plans.

Amendment No. 647 is about what constitutes local housing need. This is creating problems in Gaeltacht areas, where people with the language and particular skills needed in the community are not necessarily meeting this criterion and, therefore, are not able to have their housing needs met. It is having a detrimental impact in Gaeltacht areas and is related to other issues arising in Gaeltacht areas, such as the increased use of unregulated short-term lets, driving out people with the language in the local community and making it very hard for people to find somewhere affordable to live. The issue of short-term lets arises elsewhere in the Bill but their regulation is restricted to RPZs. That is all well and good, but Gaeltacht areas tend not to be covered by the definition of rent pressure zones and it is virtually impossible for Gaeltacht areas to qualify.

That issue comes up and is one of the things that needs to be addressed. The language is under threat, especially in Gaeltacht areas, due to planning failures and planning problems. Irish-language speakers often cannot get somewhere to live in their Gaeltacht areas. They are being displaced and this is breaking up Irish-speaking communities. Census 2022 data shows that Gaeltacht populations grew by 7%, while at the same time use of Irish in Gaeltacht areas has been declining. Good work has been done in language planning in recent years. However, the Bill as it stands does not sufficiently recognise this good work. The planning Bill must integrate with and support other efforts to support and develop our national language. Planning cannot continue to undermine the Irish language. Economic development in Gaeltacht areas is of huge importance and is tied into this as well. The Bill is hugely important in terms of what can potentially be done for the protection and promotion of an Ghaeilge agus an Ghaeltacht.

Piecemeal but significant progress has been made over recent years with the recognition and protection that Government legislation and policies have given to an Ghaeilge and an Ghaeltacht in the context of planning and development. This Bill - an Bille um Pleanáil agus Forbairt, 2023 - provides an opportunity to integrate and strengthen the progress made and work done in recent years regarding language protection, in alignment with the straitéis 20 bliain don Ghaeilge and the language planning process under Acht na Gaeltachta, 2012. Tá tábhacht nach beag ag an mBille seo do chaomhnú, do chosaint agus do chur chun cinn na Gaeilge agus na Gaeltachta. Tá dul chun cinn déanta le blianta beaga anuas ar an aitheantas agus ar an gcosaint a thugann polasaithe agus reachtaíocht an Rialtais don Ghaeilge agus don Ghaeltacht i gcomhthéacs pleanála agus forbartha. Faraor, is céim chun siar ó thaobh na Gaeilge agus na Gaeltachta de atá sa Bhille seo mar atá faoi láthair i gcomparáid leis an reachtaíocht reatha. That relates to amendment No. 647.

Amendment No. 683 would insert text on page 230 between lines 36 and 37. It effectively states that development should not materially contravene a language plan. This would mean:

Where an appeal under this Chapter relates to development, or proposed development situated or proposed to be situated wholly or partly in a Limistéar Pleanála Teanga Gaeltachta or a Baile Seirbhíse Gaeltachta within the Gaeltacht materially contravenes any relevant language plan agreed pursuant to Acht na Gaeltachta 2012, the Commission shall, subject to subsections (4)and (5)refuse permission for the development or proposed development.

Having these language plans is all well and good, but we need to give effect to them in our planning legislation to ensure that the language in Gaeltacht areas continues to survive and thrive.

I turn to amendment No. 709. Current Government policy recognises the need for a development to have a positive impact on the linguistic and cultural heritage of the Gaeltacht. To this end some forms or scales of development may have to be discouraged. Again, no development should materially contravene any relevant language plan. Tugann Acht na Gaeltachta, 2012 an chéad chéim don Straitéis 20 Bliain don Ghaeilge 2010–2030 agus leagtar amach san Acht struchtúr don phróiseas pleanála teanga. Is é an sprioc atá leis an bpróiseas pleanála teanga ná an Ghaeilge a láidriú mar theanga theaghlaigh is pobail. Tháinig pleananna teanga ar bun nuair a reachtaíodh Acht na Gaeilge, 2012 agus is faoi Aire Stáit na Gaeltachta a cheadaítear na bpleananna. Baineann an próiseas pleanála teanga le limistéir pleanála teanga Gaeltachta, le bailte seirbhíse Gaeltachta agus le líonraí Gaeltachta araon. This Bill is of huge importance to the conservation, protection and promotion of Irish in the Gaeltacht. The Gaeltacht Act 2012 gives statutory footing to the 20-year strategy for the Irish language, and the Act sets out a structure for the language planning process. It is important that our Bill is consistent with that. The language planning process includes the limistéir pleanála teanga Gaeltachta, the bailte seirbhíse Gaeltachta agus na líonraí Gaeilge - the Gaeltacht language planning areas, the service towns and the Irish-language networks. It is important that the language planning process, which had not been established when the Planning and Development Act 2000 was enacted, is properly integrated into this Bill. The current provisions relating to the Gaeltacht do not make specific reference to the language plans, which they should because they are of course Government policy. Language plans have been allowed for each of the 26 limistéar pleanála teanga Gaeltachta, the majority of the bailte seirbhíse Gaeltachta and also the five líonraí functioning on the island, two of which are in the North. The Bill should be integrating those.

This is not just about the survival of the language in Gaeltacht areas; it is also about our living heritage and the survival of everything that comes with the language, like the songs and stories that have died out in parts of the country because we have failed to preserve the language in other areas. If we do not preserve the language in the Gaeltacht areas some of those songs, stories and cultural traditions will die out with it. If action is taken now we can protect these Gaeltacht areas, but if not we will lose them for good. Case studies have recently been done with occupational therapists in Gaeltacht areas, in places like An Spidéal, who have moved back to those Gaeltacht areas with their skills. Different therapists are not able to find accommodation in those areas. They are not in rent pressure zones so the regulations around short-term lets will not apply there. People trying to move back to a Gaeltacht community with the language and skills needed in that community are not able to find somewhere to live. They are not being protected by regulations coming in on short-term lets because they are not in rent pressure zones so are not being protected by that legislation. That is having a detrimental impact not just on those individuals, but also on the communities that need those skills.

Some Gaeltacht areas require language impact statements and some do not. There is a total lack of uniformity in what is required. They should be filled out by a qualified language planner, and the provisions should apply to service towns within the Gaeltacht. There should also be a further look at the language inurement clauses, which could be developed further to make sure anything done to protect the language in Gaeltacht areas has a long-term effect.