Draft Irish Language Policy

European Charter for Regional and Minority Languages (‘ECRML’)

The ECRML is a European treaty (CETS 148) adopted in 1992 under the auspices of the Council of Europe to protect and promote regional and minority languages in Europe. The Irish language is included in the Charter, which was ratified by the UK Government in 2001. The UK Government included the Irish language as one of three languages (Scottish Gaelic and Welsh being the other two) registered under Part III of the European Charter for Regional or Minority Languages. The UK Government signed up to specific undertakings for measures in areas including education, administrative authorities, media, culture, economic and social life and transfrontier exchanges.

Article 10 of the ECRML refers specifically to Administrative Authorities which includes Local Councils and sets out those provisions within the ECRML to which councils must adhere. The obligations under the ECRML include the following:

• To ensure that users of Irish may submit oral or written applications in Irish to the administrative authority;
• To allow the administrative authorities to draft documents in Irish;
• To use Irish in debates in their assemblies, without excluding, however, the use of the official language(s) of the State;
• To use or adopt, if necessary in conjunction with the name in the official language(s) of traditional and correct forms of place-names in Irish. To ensure that users of Irish can submit a request for public services in Irish. To allow the use or adoption of family names in Irish upon request. In order to comply with the above councils are obliged to provide translation or interpretation as required.

Article 12 details the following obligations:-

• With regard to cultural activities and facilities, especially libraries, video libraries, cultural centres, museums, archives, academies, theatres and cinemas as well as literary work and film productions, vernacular forms of cultural expression, festivals and the cultural industries, including inter alia the use of new technologies –the Parties undertake, within the territory in which such languages are used and to the extent that the public authorities are competent, have power or play a role in this field:
  • to encourage types of expression and initiative specific to regional or minority languages and foster the different means of access to works produced in these languages;
  • to ensure that the bodies responsible for organising or supporting cultural activities of various kinds make appropriate allowance for incorporating the knowledge and use of regional or minority languages and cultures in the undertakings which they initiate or for which they provide backing;
  • to promote measures to ensure that the bodies responsible for organising or supporting cultural activities have at their disposal staff who have a full command of the regional or minority language concerned as well as of the language(s) of the rest of the population;
  • to encourage direct participation by representatives of the users of a given regional or minority language in providing facilities and planning cultural activities.

The European Charter is based on a concept of non-discrimination, that is, the majority language group is not discriminated against by the implementation of actions designed to promote and protect the minority indigenous languages.

“The Parties undertake to eliminate, if they have not yet done so, any unjustified distinction, exclusion, restriction or preference relating to the use of a regional or minority language and intended to discourage or endanger the maintenance or development of it. The adoption of special measures in favour of regional or minority languages aimed at promoting equality between the users of these languages and the rest of the population or which take due account of their specific conditions is not considered to be an act of discrimination against the users of more widely-used languages”

Framework Convention for the Protection of National Minorities

Unlike the European Charter (which focuses on languages) the Council of Europe’s Framework Convention focuses on linguistic minority groups. It does not place any directly enforceable obligation on local councils but includes a number of provisions in relation to minority languages. 

Much of the discourse in recent years in relation to the Irish language in Northern Ireland has focused on the issue of minority rights and that Irish speakers are a distinct minority group within Northern Ireland. The Framework Convention, to which the United Kingdom is a signatory, makes particular reference to the rights of minorities in terms of the use of minority language. The relevant provisions are set out below:

Article 10

“The Parties undertake to recognise that every person belonging to a national minority has the right to use freely and without interference his or her minority language, in private and in public, orally and in writing. In areas inhabited by persons belonging to national minorities traditionally or in substantial numbers, if those persons so request and where such a request corresponds to a real need, the Parties shall endeavour to ensure, as far as possible, the conditions which would make it possible to use the minority language in relations between those persons and the administrative authorities.”

Article 11

“The Parties undertake to recognise that every person belonging to a national minority has the right to use his or her surname (patronym) and first names in the minority language and the right to official recognition of them, according to modalities provided for in their legal system. The Parties undertake to recognise that every person belonging to a national minority has the right to display in his or her minority language signs, inscriptions and other information of a private nature visible to the public. In areas traditionally inhabited by substantial numbers of persons belonging to a national minority, the Parties shall endeavour, in the framework of their legal system, including, where appropriate, agreements with other States, and taking into account their specific conditions, to display traditional local names, street names and other topographical indications intended for the public also in the minority language when there is a sufficient demand for such indications.”

The Advisory Committee on the Framework Convention for the Protection of National Minorities monitors the compliance of signatory nations with the Framework. One of the themes commented on throughout their reporting is how the use of the minority language in publicly visible signage can add to a sense of belonging for the minority language community.

“Multilingual cultural and touristic signage offers considerable potential for the use of topographical names in minority languages as it uses these languages and toponyms in a field (heritage preservation) that is appreciated in all parts of society, raises awareness of the cultural contributions made by national minorities and has a practical function.”

Bulgaria, 4th, 2020, para. 141

“The display of bilingual or trilingual signposts as a demonstration of the diverse character of the region, traditionally and at present.”

Croatia, 4th, 2015, para. 66

“Such bilingualism carries for persons belonging to national minorities as an affirmation of its presence as an appreciated and welcome part of society.”

Latvia, 3rd, 2018, para. 130

“The Advisory Committee recalls the important symbolic value of bilingual topographical indications as affirmation that the presence of linguistic diversity is appreciated and that a given territory is shared in harmony by various linguistic groups.”

Netherlands, 3rd, 2019, para. 116

“…significant symbolic value for integration that bilingual or trilingual signposts, or the re-introduction of historical place names, carry for the population as an affirmation of the long-standing presence of national minorities as appreciated and welcome part of society.”

Georgia, 2nd, 2015, para. 85

The commentary above shows the positive impact of the use of minority languages in signage and how this can improve community relations and respect.

Belfast/Good Friday Agreement

Strand three of the Agreement contains a series of commitments in respect of economic, cultural and social issues, including a general provision relating to minority languages:

“All participants recognise the importance of respect, understanding and tolerance in relation to linguistic diversity, including in Northern Ireland, the Irish language, Ulster-Scots and the languages of the various ethnic communities, all of which are part of the cultural wealth of the island of Ireland.”

The Agreement commits the British Government to take resolute action to promote the language, to facilitate and encourage the use of the language in speech and writing in public and private life where there is appropriate demand and to seek to remove restrictions which would work against the maintenance and development of the language.

The St. Andrews Agreement 2006

The St. Andrews Agreement included a commitment to an Irish Language Act “based on the experience of Wales”. The introduction of this Act has been significantly delayed, however, the 2020 New Decade, New Approach agreement does include a commitment to legislate for the Irish language.

Foras na Gaeilge Guidance Document - Irish languages services in the new councils

In light of the review of public administration, in 2014 Foras na Gaeilge published a guidance document for the new local councils relating to best-practice in Irish language provision and protection. The document suggest the following areas of action in order for councils to be in line with international best practice:

• Branding
• Documents
• Council staff (audit and training and awareness)
• Correspondence
• Services for Irish language media
• Social media
• Council websites
• Translation and interpretation services
• Signage
• Support for schools
• Support for the public
• Development of an Irish language policy

Council of Europe’s 3rd Monitoring Report on the UK’s implementation of the Framework Convention for the Protection of National Minorities

(Paragraph 147) - “The Advisory Committee was disconcerted to hear that some representatives of the authorities consider that promoting the use of the Irish language is discriminating against persons belonging to the majority population.  Such statements are not in line with the principles of the Framework Convention...  It also reiterates that… implementation of minority rights protected under the Framework Convention [is] not be considered as discriminating against other persons.”

(Paragraph 126 & 158) - “The Advisory Committee has been informed that, in some instances, the need for keeping good relations has been used as justification for not implementing provisions in favour of persons belonging to minorities, such as the erection of bilingual signs...  Additionally, it finds it problematic that the official policy is to limit the erection of such signs to certain areas where the issue would not raise controversies.  The Advisory Committee is concerned that this approach is not in line with the spirit of the Framework Convention... the aim of which is to value the use of minority languages... with a view to promoting more tolerance and intercultural dialogue in society.”

Committee of Experts 5th Monitoring Report on UK Compliance with UK undertakings of ECRML

“In July 2020, COMEX published their 5th monitoring report which measures the UK Government’s compliance with their undertakings to Irish under the European Charter for Regional or Minority Language. They published 20 recommendations which would constitute the fulfilment of those undertakings in their entirety. Among those recommendations, there were recommendations to;

h. Ensure that users of Irish may submit oral or written applications in Irish to local branches of the national authorities, the authorities of Northern Ireland, local authorities and public service providers.

Introduce simultaneous translation facilitating the full use of Irish in the Northern Ireland Assembly and in local councils.

k. Facilitate the adoption and use, by local and regional authorities as well as public service providers, of place names in Irish.

The vast majority of these recommendations remain unfulfilled or unresolved; through the adoption of a progressive, Irish language policy, the council have a chance to align with recommendations set out by international experts.”

Department for Communities Guidance Document for Local Authorities on the implementation of the European Charter for Regional Minority Languages (2016)

“The adoption of special measures in favour of regional or minority languages aimed at promoting equality between  the users of these languages and the rest of the population or which take due account of their specific conditions is not considered to be an act of discrimination against the users of more widely-used languages.”

Human Rights Commission - ‘Minority Language Rights: The Irish language and Ulster Scots, Briefing paper on the implications of the European Charter for Regional or Minority Languages, European Convention on Human Rights and other instruments’

“... the Commission has drawn attention to the fact that there is no “right to be (sic) offended” by another party exercising a right. This is a general principle of freedom of expression (European Convention on Human Rights -ECHR Article 10, which must be read in conjunction with ECHR Article 14 on non-discrimination on grounds that include language). The Commission is aware of arguments that there are ‘sensitivities’ regarding the Irish language. In general restricting use or promotion of Irish to accommodate the ‘sensitivities’ of others would be incompatible with freedom of expression.”

Department for Culture, Arts and Leisure: Report on Consultation for Draft Irish Language Act (2015)

"Assessment of impact on equality"

4.4 The available evidence suggests that those speaking and possessing some knowledge of Irish are more likely to be Catholic, nationalist, young, without a disability, with dependants and single. There were no differences in relation to gender and racial group. No data is available in relation to sexual orientation.

4.5 It's DCALS view that establishing Irish language legislation will have a positive impact on Irish speakers and therefore indirectly on Catholics, nationalists, single people, younger people, people without a disability and people with dependants. In DCALs view there are no discriminatory or adverse impacts.

Assessment Of Impact On Good Relations

4.6 DCAL considered that the introduction of an Irish Language Bill has the potential to improve good relations, as it will give the Irish language more equality and accessibility platform for all sections of the community."

New Decade, New Approach Agreement (2020)

The New Decade, New Approach Agreement was reached in 2020 in order to restore power sharing at Stormont. One of the key components of this was an agreement to bring forward legislative protection for the Irish language. This included a provision for the appointment of an Irish Language Commissioner who will develop a set of best practice language standards which will apply to public authorities in relation to the promotion of Irish and the use of Irish in their services.

Recommendations for an Irish Language Strategy – Report of the Expert Advisory Panel

The New Decade, New Approach Agreement also committed to the development of an Irish Language Strategy, as distinct from an Irish Language Act. The aim of the Strategy would be to enhance and protect the development of the Irish language over the next twenty years. To this end, the Department for Communities commissioned an Expert Advisory Panel Report on an Irish Language Strategy as the first stage in a policy development process.

• The Expert Advisory Report makes a range of recommendations about the Irish language and public services including:
• That comprehensive Irish language legislation is enacted;
• That local authorities develop Irish language policies and strategies;
• That Irish speakers are available to avail of government services through the medium of Irish and that these should be of the same standard as the service provided in English;
• That all public bodies take resolute action to promote Irish internally in their work and to maximise the amount of services available through Irish;
• That publicly available forms are available in Irish;
• That public bodies have bilingual Irish/English corporate identity;
• That public buildings have bilingual Irish/English signage inside and outside the building;
• That the use of Irish is maximised on the public-facing websites of public bodies;
• That key corporate documents are made available in Irish;
• That Council’s provide a simultaneous translation service and anything said in Irish in meetings is accurately reported in Irish in reports and minutes;
• That local authorities should have due regard to the needs of Irish speakers when developing local development plans;
• That local authorities adopt street naming and townland policies in line with international best practice;
• That local authorities undertake tourism and cultural initiatives through Irish.