Éamon Ó Cuív (Galway West, Fianna Fail)

I welcome the Bill and the explicit provision for translation services.

I wish to clarify some issues. First, it is the Constitution that requires translation of Acts and the only way of doing away with that requirement is to change the Constitution. Second, since the foundation of the State, prior to the Constitution responsibility for the translation of Acts traditionally rested with the House. Third, until now, it has also been part of Standing Orders that the Acts would be translated.

The issue was brought forward because somebody took a case to the Supreme Court and a judgment was given by, among others, Mr. Justice Hardiman. We found ourselves in a situation where there was clearly a risk that the State, as a totality, not only had to deal with the current translation requirements but also with the arrears. In fact, contrary to popular belief and myth, the Official Languages Act, by invoking Article 8(2) of the Constitution, gave us a framework in which we bought considerable time. In other words, by having a clear framework in which we would deal with this issue, we fire-proofed ourselves against a constitutional case in regard to the fact that the Oireachtas or the State had not fulfilled its constitutional duties to translate the Acts. It is important that fact be understood.

When we brought in the Act all sections became operable after a period of three years. The three years passed but unfortunately not as much preparatory work as I would have liked was done in those three years. Those issues are now behind us.

I understand the record of a minute provided by the commission has been read into the record. It is a minute of a meeting of 21 June with officials of my Department. Unfortunately, those officials are not in a position to defend themselves and their reputations in this House.

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