Publications

Advice: Irish Language Provisions of the Northern Ireland Act 1998 (Amendment No 2)

​Read the Commission’s advice on the Irish Language Provisions of the Northern Ireland Act 1998 (Amendment No 2).

Date produced May 2020.

Below is a summary of the recommendations.

You can also download the full document through the links provided.

The Northern Ireland Human Rights Commission (NIHRC) recommends:

• 2.6 advises that legislation is necessary to fulfil human rights obligations. Accordingly, the NIHRC views this Bill as a positive measure that will help protect the rights of members of the Irish language community.
• 2.9 advises that a strategy is a legal requirement, in addition to this Bill, and this will assist in protecting and promoting the human rights in relation to the Irish language.
• 3.7 advises that clarification on the status of the Irish language in tandem with the English language is necessary to ensure legal certainty. The Welsh approach provides a model as to how this can be done.
• 3.12 advises that consideration is given to making express provision for specific language rights within the Bill. A summary of such rights that should be considered are outlined in Appendix 1. 4.4 recommends that the primary role of the Irish Language Commissioner in clause 78H is amended to include both a duty to ‘enhance and develop’ and to ‘promote and protect’.
• 4.8 recommends that the Irish Language Commissioner is conferred a similar function as the Ulster Scots/Ulster British Commissioner and the Bill includes that the Irish Language Commissioner has an advisory role in respect of European Charter for Regional or Minority Languages, Framework Convention on National Minorities and the culture provisions in UN CRC.
• 4.9 recommends that the proposed list of human rights treaties to be included in the Bill is expanded to include relevant provisions from the UN ICCPR and UN ICESCR. These treaties are central in the protection of culture (which 4 include language) at Articles 27 and 15 respectively, as outlined in Appendix 3.
• 4.11 recommends that the Irish Language Commissioner is required to consult with and take account of advice provided by the NIHRC in respect of the proposed advisory function.
• 4.16 recommends that the mandate of the Irish Language Commissioner is widened to include, inter alia, a general advice function, a promotional function, a reporting and research function and powers to make recommendations. In addition, providing the Irish Language Commissioner with enforcement powers should be considered.
• 4.21 recommends that further consideration is given to how to ensure the independence of the Irish Language Commissioner. This could involve expressly stating that the Commissioner shall be independent, as in the Official Languages Act 2003. Alternatively, a balance can be struck by ensuring any government direction to the Commissioner takes into account the Commissioner’s own advice, as is the case in Wales or by amending the Bill to ensure that Ministerial directions are reasonable, have a legitimate aim and are proportionate.
• 4.25 recommends that clause 78J is amended to require the Irish Language Commissioner to take into account human rights standards when drafting, implementing and monitoring the best practice standards.
• 4.31 recommends that clause 78L be strengthened to ensure that public authorities take seriously the findings and recommendations of an investigation conducted by the Commissioner. This could be achieved by adopting the Welsh approach of enabling a Minister to make enforceable directions on the basis of the Commissioner’s report.
• 4.33 advises that consideration should be given to inserting specific remedial provisions within the Bill, such as making statutory provision for compensation as is the case in Ireland, or providing the Commissioner with powers to support an individual to take legal action or intervene in cases, similar to the situation in Wales.
• 4.36 recommends that the clause 78L(5) is amended to include safeguards to ensure that the Commissioner’s investigation function cannot be exercised unreasonably. An example of this approach is provided in Wales.
• 4.38 recommends that the Irish Language Commissioner is afforded the power to initiate ‘own motion’ investigations.
• 4.40 recommends that provision is included for the Irish Language Commissioner to compel evidence in exercising its investigatory powers.
• 4.43 advises that the interpretation of ‘public authority’ within clause 78M is too narrow and recommends that the definition of ‘public authorities’ should be amended to reflect section 6 of the Human Rights Act 1998.