Dáil debates
Thursday, 13 December 2007
Legal Practitioners (Irish Language) Bill 2007: Second Stage
2:00 pm
Ulick Burke (Galway East, Fine Gael)
Tá áthas orm cúpla focal a rá sa díospóireacht seo ar úsáid na Gaeilge sna cúirteanna. Caithfidh an Oireachtas iarracht níos mó a dhéanamh chun an Ghaeilge a úsáid. Ba chóir dúinn an teanga a labhairt i bhfad níos minicí sa Teach seo ná mar a dhéanfaimid faoi láthair. Tugaim tacaíocht don Bhille seo, a chinnteoidh go n-úsáidfidh dlíodóirí agus breithimh ar fud na tíre an Ghaeilge i bhfad níos mó, go mórmhór sa Ghaeltacht. It is important that we support the Bill not only because of its implications for the use of the Irish language but also in view of a recent court case where a translation from English into Irish was queried and tested. In that instance, the interpretation of the translation by fíor gaelgóirí was successful and the case was withdrawn. There must be confidence in the courts process in terms of the use of Irish and associated translation services. It is important that judges, solicitors and others in the legal profession have no concerns in this regard.
We should not allow a situation such as that to develop again. When one reads the details, i nGaeilge agus i mBéarla, den toradh a bhí ar an gcás úd, it is a cause for concern that a case might be lost merely on the basis of one person's interpretation. There must be certainty about the proficiency of those working through the medium of Irish in the courts system. In counties Donegal, Kerry, Waterford and Meath, significant numbers may wish to deal with the courts through Irish. Most do so not because translation of transcripts might lead to confusion in terms of the interpretation or application of the law but because Irish is their spoken language. It is important that every facility is made available within the legal profession and through the education system to ensure court services can be delivered proficiently through the Irish language.
Many of us argue repeatedly that we should make greater use of Irish in the House. The services available to Members, if only we would avail of them, are first class in terms of assistance with terminology and so on. We would all have to put our hand on heart and say that unless we are cleachtaithe sa Ghaeilge, ní bheimid in ann í a labhairt go flúirseach sa Teach seo nó sa Seanad. It is important that every encouragement is given to modifying the rigidity of Irish language training at both primary and secondary level. Far greater emphasis should be placed on the spoken word. I am delighted the Minister for Education and Science has made some progress by allowing a greater proportion of marks in both junior and leaving certificate Irish for the oral component. There should be less emphasis on the strict presentation of the written word and the complicated grammar that most of us can recall learning.
In recent years there has been support at European level for the idea that ours should be a spoken, living language. Gaelscoileanna have played an enormous part in improving the accessibility of the language. Raidió na Gaeltachta and TG4 have done tremendous work. It is to be expected that both would facilitate the reportage of court proceedings through Irish. If there was a noted presence of Raidió na Gaeltachta and TG4, as well as Foinse, Lá Nua agus mar sin de, and they reported court cases more extensively, as they are done in local and national papers, it would be made more obvious to the courts that it is important we have greater emphasis on and certainty of Irish usage.
It is regrettable that despite our language being recognised as an official language of the EU, we do not have translators. It has been quite clearly stated there is a crisis in that regard in Brussels. That must be rectified if we are serious about the matter. If complaints can be made on that level and despite the fight taken on to get the language recognised as an official language in Europe, we must respond by making available personnel and support resources.
The legislation we are talking about today will not have a major cost, either within the Department of Education and Science or the Department of Justice, Equality and Law Reform, but if we are serious about the language we must be seen to have a supportive and balanced response where needed. I welcome the provisions of the Bill and hope the courses made available will be successful.
We must overcome a problem regarding lawyers trained outside Ireland, such as those from Britain. It will be difficult for such people to gain proficiency in the Irish language but there should be a support mechanism for them to avoid positions where any part of the court procedures would take place trí Ghaeilge.
There should be standardised interpretation and translation of all phrases and terminology of the court system. On reading such a guide, one could wonder how there has been so much variation. I hope this Bill will eliminate such issues from any future court proceedings, and a court case will never again be thrown out because of variation in interpretation.
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