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Executive again “in breach of it’s statutory duty” by failing to adopt Irish Language Strategy, Justice Scoffield declares in High-Court today

Posted in General.

Honourable Mr Justice Scoffield rules in favour of Conradh na Gaeilge Judicial Review declaring Executive acted “unlawfully” through continuous failure to adopt Irish language Strategy as per Section 28d of 1998 legislation. 

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The High Court today ruled in favour of Conradh na Gaeilge, granting their Judicial Review regarding the failure of the Executive to adopt an Irish language Strategy. Justice Scoffield declared the Executive was “in breach of the statutory duty” under Article 28D of the NI Act, and had acted unlawfully, citing their “lengthy period of failure” to adopt such a Strategy. Furthermore, Justice Scoffield added that he expected the next Executive to resolve the outstanding Strategy “expeditiously”. Today’s declaration reaffirms and strengthens the strong ruling given by Justice Maguire in 2017.

  • The High-Court has granted leave on 6th June 2021 for Conradh na Gaeilge to apply for a Judicial Review regarding the Executive’s continued failure to implement an Irish language Strategy, leaving them in breach of Section 28d of the 1998 NI Act. The case was heard in full by Justice Scoffield on 4th November 2021. 
  • In a similar previous case, on the 3rd March 2017, Justice Maguire gave a declaration in the High Court stating the Executive had failed to fulfill their duty to adopt an Irish language strategy as set out in Section 28D of the NI Act 1998. That ruling came as a result of a Judicial Review taken by Conradh na Gaeilge. 
  • The Irish language Strategy was promised as part of the 2006 St Andrew’s Agreement, which made amendments inserting Section 28D into the NI Act 1998, and was also promised as part of the Executive’s Programme for Government 2011-2015. 
  • The Irish language Strategy was also promised again as part of the 2020 New Decade New Approach Agreement, and the Strategy was to be brought forward within 6 months of the Agreement. 
  • In the period between 6 November 2020 and 24 June 2021 Minister for Communities attempted to add the Strategy to the Executive Committee Agenda 26 times. This request was blocked 26 times. 
  • Minister Hargey has since set up an Expert Panel and Co-design Panel to develop the strategy. The Expert Panel Report was published in February 2022 and the work of the Co-design panel continues. To date, no new draft strategy has been finalised. 

Conchúr Ó Muadaigh, Advocacy Manager, Conradh na Gaeilge, said: 

“More than five years on from a historic High-Court ruling declaring the Executive had failed to fulfil its duties regarding the Irish language strategy, we were once again forced to return to the High Court seeking legal interventions in this on-going saga. We are more than 15 years on since the commitment to an Irish language strategy was enshrined in law at St Andrew’s. Furthermore, the failure to implement the strategy as per New Decade New Approach once again highlights the ongoing exclusion of our community, in clear breach of their legal duties. Today’s declaration reaffirms and strengthens the 2017 ruling. We have learned that the Strategy was blocked from the working agenda of the Executive Committee 26 times between 2020 and 2021. We firmly believe that this Strategy has been politically blocked, frustrated and denied for the best part of 2 decades. That is simply unacceptable. We expect, as declared in today’s ruling, that a new Strategy be adopted “expeditiously”. We will continue to work with the Department for Communities as part of the ongoing co-design process to ensure that a new strategy reflects best-practice and meets the needs of our ever growing community.”

Acting on behalf of Conradh na Gaeilge, Attorney Mícheál Ó Flannagáin commented: 

“The High Court this morning has issued a second Declaration that the Executive failure to adopt an Irish Language strategy was unlawful and in breach of a statutory duty. Judge Scoffield had no hesitation in finding that the Executive was in breach of this legal duty noting that after the NDNA agreement that “it was incumbent upon the Executive to act with alacrity and had failed to do so”. The court also dismissed any suggestion that the Executive had no power to advance the implementation of the strategy itself. This is an important finding as well. Most importantly the court has issued a further Declaration noting that any incoming Executive Committee will be expected by the court to act expeditiously”.

 

FURTHER INFORMATION & JR DETAILS

Full details of the 2017 case and other references to this issue can be accessed below:

Conradh na Gaeilge

6 Harcourt Street, Dublin 2.
Phone: +353 (0) 1 475 7401, Fax: +353 (0) 1 475 7844, Email: This email address is being protected from spambots. You need JavaScript enabled to view it.