Irish language to be used in NI courts with repeal of 18th Century law
Getty ImagesThe Irish language is set to be used in court in Northern Ireland due to the repeal of a law that is almost 300 years old.
A proposal to allow the use of Irish in court was contained in the New Decade New Approach deal in January 2020.
But it required the repeal of a penal law from 1737 which made it "a criminal offence to use any language other than English" in court.
According to the Northern Ireland Office (NIO), Secretary of State Hilary Benn has now signed the commencement order which repeals the act.
The move has been welcomed by the president of the Irish language organisation Conradh na Gaeilge, Ciaran Mac Giolla Bhein.
"This same legislation was repealed in England and Wales well over 150 years ago," he told BBC Radio Ulster's Good Morning Ulster programme.
"It brings into focus the historical context in which we're talking about a revival of the Irish language," he said.
"The reason we need a revival is because Irish was identified as the chief target in the colonial process."
He said there was a deliberate process to try to make Irish "extinct".
"We need to understand where we've come from, to understand the particular nature of the support that we need," he said.
Sinn Féin assembly member Aisling Reilly described the repeal of the law as "a hugely significant moment for Gaels in the north".
"For Irish speakers, this is another positive step in the right direction as the energetic revival of the language continues at pace," she added.
However, TUV leader Jim Allister MP said: "The repeal of the ban on Irish in our courts is a regressive move in terms of equality, justice and finances.
"The change will result in the legal profession becoming more a cold house for the unionist community who are already underrepresented in the sector."
Why is the ban on Irish in court being lifted now?
The Identity and Language (Northern Ireland) Act was passed in Westminster in 2022.
It enabled many of the language changes agreed by politicians in New Decade New Approach in 2020 to go forward.
But parts of the legislation passed in 2022 have to be "commenced" in Parliament.
That is what the secretary of state is now doing regarding the use of the Irish language in court.
What did the 1737 Act say?
The Administration of Justice (Language) Act (Ireland) 1737 said that all proceedings in courts in the UK "shall be in the English Language".
The fine for using another language that was not English was £20 - a hefty sum in 1737.
According to the Bank of England's inflation calculator, £20 in 1737 would be the equivalent of about £3,800 in 2025.
PA MediaIn a letter to Conradh na Gaeilge, Benn said that while he would commence repeal of the 1737 Act, the implementation would be a matter for the Executive.
In a statement, the NIO said: "The provision to repeal the 1737 Act is part of the Identity & Language (Northern Ireland) Act 2022, which is for the Northern Ireland Executive to implement.
"Implementation of the Identity & Language Act will help enshrine respect and tolerance for all of Northern Ireland's diverse identities, cultures and traditions."
BBC News NI has asked the Department of Justice if Justice Minister Naomi Long has to issue guidelines before Irish can be used in legal proceedings in Northern Ireland.
A spokesperson for the Northern Ireland Department of Justice said that the Justice Minister "welcomes the long overdue repeal of the 1737 Act" and that is an "important recognition of the importance of Irish to many in our community".
"It will not, however, change the common law position that English is the working language of the courts", they added.
Alliance Executive Office spokesperson Paula Bradshaw said that the move is "belated but welcome".
Bradshaw called on the first and deputy first minister to "move forward with the Identity and Language Act in its entirety, and not least with the appointment of the three relevant Commissioners".
"There is no excuse for further delay", she added.
Why did language laws become crucial to Northern Ireland's government?
Cuts to an Irish language bursary scheme were among the reasons the Stormont executive collapsed in 2017.
The Department for Communities, under the then minister Paul Givan, cut funding to the Líofa Gaeltacht Bursary Scheme.
Although the funding was subsequently restored, the then deputy first minister Martin McGuinness said the £50,000 cut was part of the reason for his resignation.
The New Decade New Approach deal in January 2020, which then paved the way for the restoration of the Executive, included a number of measures for the Irish language and Ulster-Scots.
That included the creation of a new Office of Identity and Cultural Expression and two separate language commissioners.
One commissioner is to be appointed to "recognise, support, protect and enhance the development of the Irish language in Northern Ireland".
The other is to "enhance and develop the language, arts and literature associated with the Ulster Scots/Ulster British tradition".
But the role of the Ulster British commissioner has been questioned.
And despite the New Decade New Approach deal being agreed five years ago, the commissioners have yet to be appointed.
However, simultaneous translation services in Irish and Ulster-Scots can now be used in the Northern Ireland Assembly.
In 2024, an Assembly committee heard evidence conducted entirely through the medium of Irish for the first time.