Conradh Na Gaeilge's Application and in the matter of a decision of The Executive Committee of the Northern Ireland Assembly
| Jurisdiction | Northern Ireland |
| Judge | Scoffield J |
| Neutral Citation | [2022] NIQB 56 |
| Court | Queen's Bench Division (Northern Ireland) |
| Date | 26 August 2022 |
1
Neutral Citation No: [2022] NIQB 56
Judgment: approved by the Court for handing down
(subject to editorial corrections)*
Ref: SCO11911
ICOS No: 21/043454/01
Delivered: 26/08/2022
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 DECISION OF THE
EXECUTIVE COMMITTEE OF THE NORTHERN IRELAND ASSEMBLY
___________
Karen Quinlivan QC and Aidan McGowan (instructed by Michael Flanigan Solicitors) for
the applicant
Philip McAteer (instructed by the Departmental Solicitor’s Office) for the respondent
___________
SCOFFIELD J
Introduction
[1] By this application for judicial review, the applicant, Conradh na Gaeilge
(CnaG), seeks to challenge the Executive Committee’s ongoing failure to adopt an
Irish language strategy pursuant to its duty under section 28D of the
Northern Ireland Act 1998 (NIA). The applicant is a body, founded in 1893, which
works to promote the Irish language in Ireland and around the world and which is
partly funded by Foras na Gaeilge (the Irish language agency of the language body
created under the North/South Co-operation (Implementation Bodies)
(Northern Ireland) 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 setting out how it
proposes to enhance and protect the development of the Irish language. Despite the
making of that declaration, the Executive Committee has still failed to adopt any
strategy. In those circumstances, the applicant now seeks further relief (including an
order of mandamus) to ensure compliance with the Executive’s statutory duty.
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[2] Ms Quinlivan QC appeared with Mr McGowan for the applicant; and
Mr McAteer appeared for the respondent. Mr Fee appeared for the Department for
Communities (DfC) (“the Department”), as a notice party. I am grateful to all
counsel for their helpful written and oral submissions.
The relevant statutory duty
[3] I deal in further detail below with a number of provisions of the NIA.
However, it is appropriate to begin the discussion of the issues in this case by setting
out the statutory provision which is at the centre of the matter. Section 28D of the
NIA is in the following terms:
“(1) The Executive Committee shall adopt a strategy
setting out how it proposes to enhance and protect
the development of the Irish language.
(2) The Executive Committee shall adopt a strategy
setting out how it proposes to enhance and develop
the Ulster Scots language, heritage and culture.
(3) The Executive Committee—
(a) must keep under review each of the
strategies; and
(b) may from time to time adopt a new strategy
or revise a strategy.”
[4] This provision was inserted into the NIA by section 15 of the Northern Ireland
(St Andrews Agreement) Act 2006 (“the 2006 Act’”). It came into force on 8 May 2007
by means of the operation of the provisions contained in section 1 of the Northern
Ireland (St Andrews Agreement) Act 2007 and article 2 of the Northern Ireland Act
2000 (Restoration of Devolved Government) Order 2007 (SI 2007/1397), read with
section 27(4) and (5) of the 2006 Act, as amended. A similar provision – a new
section 28E – was also inserted which requires the Executive Committee to adopt
what are sometimes referred to as ‘social inclusion’ strategies, tackling poverty, social
exclusion and patterns of deprivation. That latter duty is potentially relevant when
one compares and contrasts the progress which has been made by the Executive on
the Irish language strategy on the one hand and the social inclusion strategies on the
other, as the applicant invites the court to do.
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