Conradh Na Gaeilge's Application and In the Matter of a Failure by the Executive Committee of the Northern Ireland Assembly to Comply with its Duty Pursuant to Section 28D of the Northern Ireland Act 1998
| Jurisdiction | Northern Ireland |
| Judge | Maguire J |
| Judgment Date | 03 March 2017 |
| Neutral Citation | [2017] NIQB 27 |
| Court | Queen's Bench Division (Northern Ireland) |
| Date | 03 March 2017 |
1
Neutral Citation: [2017] NIQB 27 Ref:
MAG10220
Judgment: approved by the Court for handing down Delivered:
3/3/2017
(subject to editorial corrections)*
2016 No: 28528/1
IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
________
QUEEN’S BENCH DIVISION (JUDICIAL REVIEW)
________
IN THE MATTER OF AN APPLICATION BY CONRADH Na GAEILGE
FOR JUDICIAL REVIEW
and
IN THE MATTER OF A FAILURE BY THE EXECUTIVE COMMITTEE OF THE
NORTHERN IRELAND ASSEMBLY TO COMPLY WITH ITS DUTY
PURSUANT TO SECTION 28D OF THE NORTHERN IRELAND ACT 1998
________
MAGUIRE J
Introduction
[1] This application for judicial review was begun on 31 March 2016. Leave to
apply for judicial review was granted by Colton J on 31 May 2016. The applicant is
Conradh Na Gaeilge. The applicant is described in the affidavit grounding the
application as a “Democratic Forum for the Irish Speaking Community”. It works,
the court has been informed, to promote the Irish language and was founded in
1893. There is no issue in this case about the applicant satisfying the requirements of
having a sufficient interest in the matter to which the application relates.
[2] It seems clear that the applicant is in favour of the development in
Northern Ireland of a strategy for protecting and enhancing the development of the
Irish language. It therefore was greatly interested in a commitment entered into by
the United Kingdom government in 2006, as part of the St Andrew’s Agreement. At
that time the government endorsed “the need for respect for and recognition of the
Irish language in Northern Ireland”. This built upon earlier commitments which
had been given. But, in this case, it gave rise to legal provision being made in
connection with it. This took the form of a provision in the Northern Ireland (St
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3 cases
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Conradh Na Gaeilge Application for Judicial Review and in the matter of a decision of The Executive Committee of the Northern Ireland Assembly
...Order 1999). It has previously brought judicial review proceedings in relation to this same issue. In Conradh na Gaeilge’s Application [2017] NIQB 27, Maguire J granted a declaration that the Executive Committee had failed to comply with its duty under section 28D to adopt a strategy settin......
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Conradh Na Gaeilge's Application and in the matter of a decision of The Executive Committee of the Northern Ireland Assembly
...Order 1999). It has previously brought judicial review proceedings in relation to this same issue. In Conradh na Gaeilge’s Application [2017] NIQB 27, Maguire J granted a declaration that the Executive Committee had failed to comply with its duty under section 28D to adopt a strategy settin......
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Kelly's (Joseph) Application
...to the provisions of the St Andrew’s Agreement relating to an Irish Language Act and the decision of the High Court in Conradh Na Gaeilge [2017] NIQB 27 which made a declaration that the Executive Committee had failed, in breach of its statutory duty under section 28D(1) of the 1998 Act, to......
1 books & journal articles
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Judicial Enforcement of Social Rights in a Comparative Perspective
...11 EHRR 1). 42 Committee on the Administration of Justice’s Application [2015] NIQB (Treacy J). 43 Conradh na Gaeilge’s Application [2017] NIQB 27 (Maguire J). 44 Conradh na Gaeilge’s Application [2022] NIQB 57. 45 [2021] NIQB 120 (Scoffield J). This was a challenge to the failure of severa......