Trevor Ó Clochartaigh (Sinn Fein) | Oireachtas source

With all due respect to the Minister, I do not buy his argument. One of the main issues identified in the reports of An Coimisinéir Teanga for several years is the failure of agencies and State bodies to fulfil their responsibilities under the Official Languages Act. The opt-out clause used most often is the one which concerns insufficient staff or capacity to comply with the Act. My amendment would close that loophole in the case of the Office of the Ombudsman. The Minister will be aware that when certain parts of the scheme developed by Ard-Mhúsaem na hÉireann were not in compliance with the Act, it offered the excuse that it did not have sufficient staff. In times of economic restraint this is becoming a common mantra for various agencies and Departments. They would love to do it and travel to the Gaeltacht when they can, but, unfortunately, they do not have the staff required when it comes to the Irish language. However, the State has a responsibility in this matter. I referred to another case involving the Department of Social Protection. Apparently, that Department does not need to observe the Official Languages Act when recruiting because the Department of Public Expenditure and Reform has issued guidelines which differ from those relating to the Act. This undermines the Act and I am sure An Coimisinéir Teanga has brought the matter to the Minister's attention.

President Michael D. Higgins was visionary in ensuring the Act would apply to most of our cultural institutions. The predisposition of the Ombudsman to provide a good service as Gaeilge is important because the basic aim of the Act is to cover publications, letter headings, signage and similar matters. It does not govern staffing matters, however, unless they are specifically referred to in schemes. The Ombudsman's scheme is out of date, but I understand that is because the Department of Arts, Heritage and the Gaeltacht has yet to ratify the new scheme. I, therefodre, ask the Minister to reconsider his opposition to the amendment. It would be cost neutral, but it would send a positive message that the Government was serious about promoting the Irish language.