Dáil debates

Thursday, 13 December 2007

Legal Practitioners (Irish Language) Bill 2007: Second Stage

 

1:00 pm

Photo of Thomas ByrneThomas Byrne (Meath East, Fianna Fail)

I am glad to debate this important Bill and I will speak in English, if that is okay.

I went through the Law Society's two Irish examinations, one of which was preliminary and the other advanced. In both, I wrote a half-page essay on my summer's holidays and translated a half-page from Fiche Bliain ag Fás, one of ten passages repeatedly used in the examinations. The Law Society's Irish examination has been a mockery of the language and its use within the legal system. It bears no relationship to the provision of legal services or defending or prosecuting cases in court.

We may argue that Irish is now a language of the EU but it has been the first and official language of the State in the Constitution. It is time action was taken in several spheres, particularly for legal practitioners. This Bill will have a practical effect in improving the lot of the Irish language and help those who wish to get legal advice through the medium of Irish.

There has been some debate about the merits of the similar Bill from the Labour Party. There have been many representations on both Bills. I have raised some of my concerns about the drafting of the Bill with the Minister. As Deputy McGinley said, there will be much to be discussed on Committee Stage. I will be glad to examine the amendments offered by Conradh na Gaeilge.

There is much pressure on us to rush this Bill through but it would be wrong to rush it, and I do not believe it will happen before the King's Inns examinations in January. Drafting issues arise, and I cannot see how there can be statutory requirements on people to have regard to Government policy when people really should have regard to the provisions of the Constitution, which makes Irish the first and official language of the State. The difference between the Government Bill and the Labour Party Bill is that the Government Bill promotes the Irish language and seeks to ensure it is available in courts, solicitors' offices and barristers' chambers. The Labour Party gives people the option of studying Irish but does not impose any obligations on the Law Society or the King's Inns to ensure that legal services can be provided in Irish.

Deputy McGinley's point about standards is important, especially when we consider what has passed as an Irish exam. The King's Inns and the Law Society should expect a high standard of practitioners who offer their services through Gaeilge. I am not aware of any facilities for the translation of terminology. These should be available. That so many documents are now translated into Irish is a great help and store of knowledge for anyone wishing to practise in Irish.

Many barristers and solicitors are competent in Irish whereas other barristers may be more competent in the Queen's English. People say that this is an arcane requirement but the Government and other parties are keen to promote the language. It is a matter of pride for the State to have its own language to invest in it and provide a legislative framework within which it can progress.

I wish to digress somewhat because I have been appointed to the board of management of Gaelscoil an Bhradán Feasa. Several solicitors are involved with it and we seek to promote the Irish language in our communities in East Meath which the school will serve as well as some south of Drogheda. Unfortunately, however, there is no planning permission for the Gaelscoil to place temporary accommodation on the site provided. An Bord Pleanála has postponed the decision but I will write asking it to speed that up.

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