Irish speakers launch legal offensive

Irish-speakers have begun a number of legal challenges against court cases proceeding in the absence of official documentation in Irish.

The challenges arise from delays in providing translated versions of the Rules of the District Court and Circuit Court, according to this week's edition of Foinse. The rules, which have been available in English for a number of years, govern all aspects of practice and procedure in both courts.

In the High Court last week, Mr Justice Iarflaith O'Neill granted leave to an applicant to seek a judicial review against a District Court's decision to proceed with a summons against him for an alleged offence. The applicant argued that he was prejudiced in not having the Irish version of the rules at his disposal.

Mr Justice Roderick Murphy granted leave for a similar judicial review a week earlier, and a third application is expected to come before the High Court this week.

The main grounds cited for a judicial review arise from a Supreme Court decision of two years ago in the case initiated by Seamus Ó Beoláin against the State for want of the Road Traffic Acts being available in Irish.

In a majority decision, the Supreme Court deemed that the delay involved in providing the translated legislation was unacceptable. Mr Justice Adrian Hardiman said it was nigh on impossible for any litigant to pursue a court application in Irish in the absence of the rules and forms being available in the first official language of the State. He further said that it was of the utmost necessity that an Irish version be made available.

A spokesperson said that the Department of Justice, Equality and Law Reform was committed to having all statutory instruments translated into Irish, beginning with the Rules of the District Court, 1997.

Tenders have been sought for the translation work.