The outcome of yesterday’s judicial review involving the Irish language has been condemned by Irish speakers from Ireland to the United States.

The review upheld The Administration of Justice Language (Ireland) Act of 1737 which prohibits the use of any language other than English in courts in the North.

Belfast Irish speaker and musician, Caoimhín Mac Giolla Catháin, took the case when his request to apply for an entertainments licence in Irish was refused. 

A judicial review was heard in Belfast High Court last year where a barrister acting for Mr Mac Giolla Catháin argued that the continuing operation of the 1737 Act contravened the rights of Irish speakers under the Good Friday Agreement, the St Andrews’ Agreement, the Human Rights Act 2000, the European Charter for Regional or Minority Languages and other international legislative instruments including the Framework Convention for the Rights of National Minorities.

A barrister for the British government counter-argued that the continued operation of the 1737 Act did not constitute discrimination or breach of national or international agreements. 

Yesterday a High Court judge dismissed Mr Mac Giolla Catháin’s case.

Responding to the decision, Michael Flanigan, Mr Mac Giolla Catháin’s solicitor, said the Act is not applicable to contemporary society.

“This decision says the legislation from 1737, which is an absolute bar on the use of Irish, is still fit for purpose in a multi-cultural, pluralistic society in NI and that is difficult to accept. 

“The British Government has failed to follow through on its promises in the Good Friday Agreement and St Andrew’s. 

“This legal challenge came about because of that failure. Now we have to look to what rights of appeal the applicant will have.”

Mr Flanigan said his team will be studying the judgment carefully to decide what course of action they will pursue next.

“We would like to reach the position where Irish speakers have the same rights as Irish speakers in the Republic, Gaelic speakers in Scotland and Welsh speakers in Wales. Why should we be treated so differently?” he added.

Keen interest

Calling for an appeal of the decision, the Brehon Law Society – a New York based association of judges, lawyers and law students – said the decision demonstrates “institutional and uninformed grounds for intolerance.”

Domhnall O’Cathain, the Society’s Publicity Director and Secretary, told the Andersonstown News why he and other members of the Society have taken a keen interest in this particular case.

“We have been keeping a close eye on this case because we are devoted to issues of equality and parity of esteem,” he said.

“The Administration of Justice Language (Ireland) Act 1737 is a relic of the era of the oppressive Penal Laws. While ostensibly its purpose was to promote English as the language of the law, one of its most devastating effects was to demote the Irish language in general.

“Today’s decision is another insult to the legal heritage of the Irish language. 

“Any effort to couch the decision in legal niceties is misleading.  It merely perpetuates the discriminatory effect of the Act.”

Mr ó Cathain’s remarks were echoed by Janet Muller, CEO of Pobal, an umbrella organisation for the Irish language.

“We are disappointed but not surprised,” she said.  

“This is not the end of the story, but another step in the path towards the repeal of this discriminatory Act. We shall be taking legal advice on this and we shall not stop working on this matter until the Act is gone.”