Michael Fitzpatrick (Kildare North, Fianna Fail)

It is nice to follow Deputy Byrne who is well-qualified to speak on this issue because of his background in the legal profession.

The Bill requires that the King's Inns and the Law Society shall have regard to Government policy on bilingualism. These new arrangements will involve a significant improvement in the teaching of Irish by King's Inns and the Law Society and a much more effective way of achieving the Government's Irish language objectives. This Bill will provide for a significantly higher standard of proficiency in Irish in the legal profession than is delivered under existing statutory provisions, thereby ensuring that all persons wishing to exercise their constitutional right to use Irish in proceedings before the courts can do so.

The Bill requires the King's Inns and the Law Society to take reasonable steps to ensure that an adequate number of barristers and solicitors are able to practise the law through the Irish language and that they hold courses on Irish legal terminology and the understanding of legal texts in the Irish language to enable practitioners to identify the nature of the service being sought and, where appropriate, to facilitate a referral to a practitioner competent to provide a service through Irish. The King's Inns and the Law Society will also establish advanced courses on the practice of law through the Irish language as optional subjects in their professional training courses. This advanced course would be open to others who are not students but who wish to obtain competence enabling them to practice law through Irish.

Examinations in the practice of law through Irish will be held at least once a year and only those persons who have undertaken the advanced course will be permitted to sit the examinations. There will be an Irish language register of those solicitors who have chosen to undertake the additional new advanced course, passed a new examination in the practice of law through Irish and have been recognised as a solicitor competent to advise clients, prepare documents and conduct court proceedings in Irish. There will also be a register of competent barristers who have taken the new advanced course, in the practice of law through Irish, and are able to provide their services in Irish. Both bodies will be required to submit annual reports to the Minister for Justice, Equality and Law Reform on the operation of the new arrangements.

Commenting on the publication of the Bill, the Minister for Community, Rural and Gaeltacht Affairs, Deputy Éamon Ó Cuív said that "for many years, the passing of the tests specified in either the 1929 or 1954 Solicitors Acts did not signify an ability to carry out business through Irish". A member of the public will be able to consult any solicitor and barrister who has undertaken the new courses in legal terminology and the understanding of legal texts in the Irish language.

The two exams in place were in the Irish language generally and courses to prepare for exams were a private matter for the trainee solicitor. In future the solicitor with the basic level of competence in legal terminology in Irish will be able to recognise the type of services required and to refer his or her client to a solicitor registered as competent to provide legal services in Irish. The reality was that for many years, the passing of the tests specified in either the 1929 or 1954 Solicitors Acts did not signify an ability to carry out business through Irish. With the proposed changes in education and qualification, a number of practitioners will now be available who will be competent to conduct business in the courts through Irish. The keeping of a register of such qualified practitioners will facilitate ease of access by the practitioners and public alike to services through Irish, thus assisting implementation in practice of the provisions of the Official Languages Act 2003.

The Government published its statement on the Irish language in December 2006. The statement provides for the development of a 20 year strategy for the Irish language based on the objectives set out in it. It is intended that the Government's policy statement will be the foundation for practical action for supporting and promoting the Irish language, based on a modern approach and an integrated strategy.

The Government's policy is to increase awareness and use of the Irish language as a community language on a phased basis. Its specific aim is to ensure that as many of our citizens as possible are bilingual in Irish and English. The intention is not to displace the English language but to strengthen the Irish language. In many European countries, it is normal that people are bilingual and the vision for Ireland is similar, with both English and Irish being widely used on a daily basis throughout the country.

During the course of 2007, the Department of Community, Rural and Gaeltacht Affairs has engaged in a public procurement process regarding the appointment of consultants to advise in respect of the strategy. This process is nearing completion and it is expected that consultants will be appointed by the end of the year. It is envisaged that the strategy will be completed by December 2008.

It is important to remember that much has been achieved with regard to the Irish language and in Gaeltacht areas in recent years. The Official Languages Act 2003 was passed by this Government to ensure Irish speakers are not compelled to abandon use of the language when availing of public services. Irish is now one of the official working languages of the EU and the number of Údarás na Gaeltachta supported jobs increased again in 2006.

A fund of €1 million was set up to support specialised third level courses through Irish and according to the Department of Community, Rural and Gaeltacht affairs the number of students involved in such courses in 2006 was the largest ever.

Mná tí provide accommodation for Irish language students in the Gaeltacht and the grant for them was increased greatly. Tax relief was given on the income they receive for providing this accommodation and for the first time a larger grant was provided for students with disabilities.

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