Charles Flanagan (Laois-Offaly, Fine Gael)

Ar son Fine Gael cuirim fáilte roimh an mBille seo. Tá súil agam go rachaidh sé tríd an Dáil gan mórán moille. Tá sé tábhachtach go bhfuil cearta ionadaíochta ag an saoránach trí Ghaeilge sna cúirteanna. Le blianta fada, bhí sé de dhualgas ar abhchóidí caighdeán áirithe a bhaint amach sa Ghaeilge chun cead a fháil an dlí a chleachtadh sa Stát seo. Mar sin féin, tá dá cúis go bhfuil an Bille seo tráthúil agus oiriúnach. Ar dtús, níl líofacht Gaeilge acu siúd go léir a bhfuil sé ar a gcumas acu an dlí a chleachtadh. Chomh maith le sin, is annamh a éistear cásanna trí Ghaeilge i gcúirteanna na tíre. Mar sin, níl sé praiticiúil go mbeadh sé de dhualgas ar gach duine a chleachtann an dlí a bheith líofa sa Ghaeilge.

Ní féidir a rá nach bhfuil meas agus urraim don teanga ag éinne a thacaíonn leis an mBille seo. Mar sin féin, ní ionann a bheith báúil leis an teanga agus brú a chur ar gach éinne i bproifisiúin áirithe teanga a bheith acu nach n-úsáidtear ach go hannamh. Tugann an Bille seo deis dóibh siúd ar mian leo an dlí a chleachtadh trí Ghaeilge ár dteanga náisiúnta a úsáid, a chothú agus a mhisniú. Beidh mé ag iarraidh ar oifigigh Óstaí an Rí agus Dlí-Chumann na hÉireann gach spreagadh a thabhairt dóibh siúd a bhfuil an Ghaeilge acu í a úsáid ina ghnáth-oibre dleathach go laethúil sna cúirteanna. Ba cheart dóibh bheith in ann an teanga a labhairt leis na cláraitheoirí contae, na oifigigh chlárlann talamh agus na dlíodóirí Stáit, mar shampla. Ba mhaith an rud é an Ghaeilge a chloisteáil sna cúirteanna dúiche agus cuarda, agus i rannóga dlí na n-údaráis áitiúla. Tá sé tábhachtach go ndéanfaí an teanga a chothú go deonach in ionad brú agus éiginnteacht.

The 1929 Act that the Bill proposes to amend is a fine example of the many targeted initiatives in the early years of the State to foster and promote the every day use of the Irish language. The electoral success of Sinn Féin in 1918 produced a generation of politicians who had been active in Conradh na Gaeilge and were passionate about the national language. This commitment to the language was evident in the titles chosen when a separate Parliament was established by Sinn Féin MPs. The new Parliament was to be called Dáil Éireann, the head of Government was to be the Príomh Aire and the Cabinet, the Aireacht. When Sinn Féin broke up in the aftermath of the Treaty, the new parties which emerged in succeeding decades almost all adopted Irish names — Cumann na nGaedhael, Fianna Fáil, Clann na Poblachta and Clann na Tamhain. The exception was the Leas-Cheann Comhairle's party which was formed before any of these.

The policy of successive Governments was to make Irish the official spoken language. This was a high and noble idea but somewhat impractical. Politicians such as Eamon de Valera and Ernest Blythe were strong Irish language enthusiasts. Many such persons believed an Irish-speaking country could be achieved within a generation. To facilitate this and illustrate its commitment, the State imposed Irish language requirements on service providers, most notably the Civil Service, teachers and the legal profession. The aim was to make the Civil Service, education and the law bilingual initially and all-Irish speaking eventually. Irish was to become the national language and thus demonstrate its superiority over the English language.

The policy of achieving an Irish-speaking Ireland was unworkable and never more than a pious aspiration. The consequence of a rather fundamentalist approach, as evidenced during the years by the Department of Education and Science, was counterproductive and damaging to the language. So much emphasis was placed on making Irish the spoken language of the country that a certain resentment was created. This resentment against the language was manifest among the majority who had no interest in speaking the language full-time but who might have been interested in accepting Irish as a secondary language in their own lives.

When forced into an all or nothing approach to Irish, many chose nothing, never speaking a word of Irish once they had left school. While Áras an Uachtaráin under Presidents Hyde, O'Kelly, de Valera and Ó Dalaigh became a mini-Gaeltacht, as did some Departments, all around them English was spoken, with the number of native speakers and gaeltachtaí collapsing on a progressive basis. Presidents felt it necessary to recite their declaration of office in Irish, even if they had not a word of the language. When Ms Mary Robinson became President, a civil servant was aghast when she said she would sign her name as she always did, in English.

Recent Governments have realised that the idea of creating an Irish-speaking Ireland is a mirage that will never happen. Instead, they have focused on achievable goals and more practicable initiatives with the objective of keeping the language alive and ensuring Irish language speakers are supported rather than discriminated against. They abandoned plans to force Ireland to become an Irish-speaking country in favour of a policy of bilingualism. Irish would be encouraged, not forced, on people, and services would be provided in a way that treated Irish speakers and English speakers equally.

The Taoiseach summed up the change of policy in 2006 when he stated: "The aim of 20th century Government policies was to reinstate Irish as the main language spoken by the people, but the Government now plans to focus firmly on the practical development of a bilingual society where as many people as possible use both Irish and English with equal ease." The Official Languages Bill, enacted in 2003, replaced the concept of the superiority of Irish over English with the equality of Irish and English. Services were to be equally available in both languages and Acts of the Oireachtas were to be published simultaneously in both languages. Correspondence from Government agencies and Departments was to be in the language in which the original correspondence was written. State documents were to be available in Irish and English.

The provisions of the Act mean that State agencies must have a core number of Irish language speakers available to provide services through the medium of Irish. The Legal Practitioners (Irish Language) Bill flows from this. Irish is a mandatory requirement for all lawyers. Having passed their examinations, however, many lawyers never used the language again and were unable to deal with court cases where the Irish language was used. This was all too typical of the somewhat naive policy of trying to make the country Irish-speaking. For many, the requirement to be proficient in Irish did not open the door to the greater use of the language but simply represented a hurdle to be crossed once and then forgotten. That was the attitude of many of those taking the examinations for the King's Inns and the Law Society. My own experience some years ago of sitting the Irish examinations to qualify as a practising member of the Law Society confirmed this. The standard was low and the examinations had a low failure rate. For many, the Irish language requirement was regarded simply as a nuisance and burden. It did not facilitate proficiency in the language because once the exam was passed, there was nothing further in terms of courses or stimulants to ensure the language was used.

The proposal in the Bill makes sense and meets modern requirements. Instead of producing lawyers who, in theory, can speak Irish but, in practice, have long since forgotten how, it aims to ensure there will be a group of genuine Irish speakers available for court work. Irish language proficiency thus becomes a choice that lawyers can opt into rather than a requirement that is forced upon them. The Bill does not represent a threat to the Irish language but rather an opportunity to develop and enhance the language within the legal system.

By setting realistic goals, there is a realistic chance of ensuring the language will survive and that Irish language services will be available to Irish language speakers. Forcing everyone to learn a language that few would need and use diluted the quality of Irish available in the legal profession and worked against the language. This proposed new approach allows those who wish to do so to pursue an advanced course and thus give Irish language users in court the service they deserve. It will mean a higher standard of Irish in the legal profession. Is it better that we have a profession where everyone knows a little but few remember enough to do the job through the language or a group of highly trained experts in the language, available by way of a panel in both arms of the profession, to provide the best service for Irish language speakers? It is important that both the King's Inns and the Law Society offer more than just courses. They must also devise standards of proficiency and offer examinations. Those who reach a certain level by passing those examinations should be placed on a panel of persons proficient to offer legal expertise through the medium of Irish.

Special provision must be made in Gaeltacht areas. The Bill should include a requirement that persons applying for State jobs in Gaeltacht areas, including the Minister of State's constituency, parts of Deputy O'Shea's constituency in west Waterford and parts of Deputy Ring's constituency, must be proficient in Irish. District Court judges, State solicitors and other employees of full-time law centres must demonstrate a working knowledge of the language before being appointed. Legal services should be provided in Irish in Gaeltacht areas and those engaged in the administration of justice should not have to rely on interpreters. I will return to this issue on Committee Stage.

A report by the Competition Authority some years ago stated the Irish language represented a barrier to entry to the professions. It recommended a change such as that proposed in the Bill. An eminent academic and historian, Dr. Art Cosgrove, was successful in recent years in completing the examinations for the Bar but refused to take the Irish examination. It was not that he did not have proficiency in Irish but he felt it was a barrier to entry and that he should not be required to engage in such an exam in order to practise at the Bar. He did not take it and never practised because he was not allowed to do so. He has now issued High Court proceedings, although I have no doubt this Bill will be passed before proceedings are reached. Perhaps the High Court case had a bearing on the speed with which this legislation was brought before the House and there may be no need for the High Court to deliver a judgment on the matter when the Bill is passed.

As the Minister of State indicated, it is important we consider the practical manifestation of the mandatory requirement for the Irish language. In effect, it is little more than lip-service towards the language and does not have a great bearing on the daily work of the legal profession. A survey was published by the free legal advice centres some years ago when a number of the centres offered legal services through the native tongue. The survey, from 2005, showed that in a total of 1,250 cases, only five representations required Irish. That indicates there is no significant need outside Gaeltacht areas for a level of Irish proficiency among those within the legal profession and that compulsory Irish is not the way forward.

Fine Gael has long championed choice in Irish. We believe the language would be stronger if it was advocated through choice rather than compulsion. When people choose to learn the language, they are, in effect, making a positive commitment to it rather than if they were mandated to do it. Forcing everyone to learn Irish only creates resentment and damages the language. Supporting the right of those who wish to avail of services in the language, those who wish to learn the language and communities to speak Irish if they so wish will make the language stronger.

Eighty years of decline in the number of Gaeltacht areas shows the old policies did not work and that a method involving choice would be better and would work. The Bill will ensure a high quality service in Irish for those requiring and wanting it. It will turn Irish from being something of a burden or a nuisance for lawyers into a positive additional skill. It will be an extra diploma or certificate on a CV for young lawyers entering the labour force and allow some to specialise in providing a legal service for Irish speakers who are entitled to and deserve such a service.

Fine Gael supports the Bill and will revert to a detailed analysis on Committee Stage.

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