Anger over delay in lifting 300-year-old ban on Irish and Ulster-Scots in court

There is “no excuse” for the government’s delay in getting rid of a nearly 300-year-old law banning the use of Irish and Ulster-Scots in courts.

Dr Pádraig Ó Tiarnaigh, from Irish language organisation Conradh na Gaeilge, told Sunday Life it was unacceptable for the NIO to continue to drag its heels on the issue.

The Administration of Justice (Language) Act (Ireland) 1737 says that English is the only language in which legal proceedings can be conducted and recoded.

It was passed during the reign of George II and states court hearings “shall be in the English tongue and language, and not in Latin or French, or any other tongue or language whatsoever”, with a £20 fine for anyone who breaches it.

The Act is due to be scrapped following the passing of the new law on the Irish and Ulster-Scots languages and cultural identity.

In response to a recent written parliamentary question by Alliance MP Stephen Farry, NIO minister Steve Baker (inset) said: “The planned repeal of the Administration of Justice (Language) Act (Ireland 1737) is one of many steps in the identity and language legislation that will affirm the need to respect the freedom of all persons in Northern Ireland to choose, maintain and develop their national and cultural identity.

“The government is carefully considering its next steps on implementation, including the remaining commencement orders and will provide an update to Parliament in due course.”

Dr Ó Tiarnaigh said of the delay: “The New Decade, New Approach agreement was brought forward by the British and Irish governments as a basis for re-establishing the political institutions here over four years ago.

“The Irish language legislation, which was the key issue at the time, became the cornerstone component of that political package, and was subsequently brought forward by the British government in 2022.

“Since then, commencement orders have been made by the Secretary of State to allow the establishment of the Office for the Irish Language Commissioner, but to date that order has yet to be implemented and we eagerly await the appointment of the commissioner.

“Unfortunately, other core sections of the Identity and Language (Northern Ireland) Act 2022 await action from the British government.

“The sections relating to the repeal of the 1737 Act remains outstanding. That law, which is almost three centuries old, continues to ban Irish speakers from using Irish in legal proceedings in court.

“Similar legislation was repealed in Wales and Scotland for their indigenous languages decades ago.

“This is legislation that must be repealed by Westminster and so there is no sufficient excuse from the NIO that it is for Stormont to action this repeal. Twenty-five years on from the Good Friday Agreement, and four years on from the political agreement that was to herald a new era of language rights here.

“It is unacceptable that the British government continues to drag its heels on the implementation of this legislation.”

The Ulster-Scots Agency was also approached for comment.