Official Languages Act 2003
The primary objective of the Act is to ensure better availability and a higher standard of public services through Irish.
The Official Languages Act 2003 aims to enhance and increase the quantity and quality of services provided for the public through Irish by public bodies in an organised manner over a period of time. This will be principally achieved by placing a statutory obligation on Departments of State and public bodies to make specific provision for delivery of such services in a coherent and agreed fashion through a statutory planning framework, known as a "scheme", to be agreed on a three-year renewable basis between the head of the body concerned and the Minister. Schemes remain in force for 3 years and thereafter fall to be renewed.
The intention is that this renewal process will be used to secure a significant improvement in the level of public services available through Irish over time, as demand requires. The Act also specifies some basic general provisions of universal applicability, e.g. correspondence to be replied to in the language in which it was written, providing information to the public in the Irish language, or in the Irish and English languages, bilingual publications of certain key documents, use of Irish in the courts, etc
Language Rights under the Official Languages Act, 2003
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The public has the right to expect that public bodies will comply with any regulations made under this Act in relation to the use of Irish in signage, stationery and recorded oral announcements (Section 9(1) of the Act).
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The public has the right to receive replies in Irish from public bodies to correspondence by post or by email written in that language (Section 9(2) of the Act).
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The public has the right to expect that public bodies will send information (for example mail shots) by post or email to the public in general or to a class of the public in general in Irish or bilingually (Section 9(3) of the Act).
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The public has the right to expect that public bodies will publish certain key documents, confirmed in the legislation, simultaneously in Irish and English including any document setting out public policy proposals, any annual report, any audited accounts or financial statement, and particular strategy statements (Section 10 of the Act).
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A person has the right to conduct his/her business before the Houses of the Oireachtas or before Oireachtas committees, sub-committees and/or joint committees through Irish (Section 6 of the Act).
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The public has the right to expect that all Acts of the Oireachtas, enacted from July 2006, will be published simultaneously in Irish and English as soon as possible after their enactment (Section 7 of the Act).
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The public has the right to use Irish in any court or in any business with any court (Section 8 of the Act).
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The public has the right to avail of all services in Irish agreed by public bodies in language schemes.
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The provisions of specific schemes relating to Gaeltacht areas are included here.
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The public has the right to expect An Coimisinéir Teanga to enquire into any valid complaint where public bodies are considered to have failed to fulfil their duties under the Official Languages Act, under any regulations made under the Act and/or under any scheme confirmed with a public body under the Act.
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The public has the right also to expect An Coimisinéir Teanga to investigate any valid complaint in which it is alleged that the provisions of any other enactments relating to the status or use of Irish have been contravened.
Language Schemes
Language schemes have a prime role in the legislation to increase the range and standard of services provided in Irish by public bodies.
The Commitments identified in the language schemes have statutory effect and the public body has a duty to implement them once the Minister for Community, Equality and Gaeltacht Affairs confirms the scheme. The Department of Community, Equality and Gaeltacht Affairs has prepared guidelines under Section 12 of the Official Languages Act for Public bodies preparing language schemes.
The scheme details the services the public body will provide;
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In Irish only
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In English only or
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Bilingually
The scheme must lay out the procedures it will undertake in order to provide services not currently available in Irish or bilingualy. The scheme lasts 3 years or until the Minister for Commuinty, Equality and Gaeltacht Affairs instructs the public body to review its current scheme and prepare a new draft scheme.
Over 160 language schemes have been agreed between various Public Companies and the Minister for Community, Equality and Gaeltacht Affairs and many more public companies are currently preparing schemes. Many public companies are preparing their second scheme under Paragraph 15 of the Official Languages Act which allows the Minister for Community, Equality and Gaeltacht Affairs to request a review of any scheme in force and request a new draft scheme. Schemes agreed between the Minster and Public Bodies may be found on An Coimisinéir Teanga’s website.
An Coimisinéir Teanga monitors all public bodies implementation of the Act and ensures that public bodies honour their duties in relation to the Act. The office of An Coimisinéir Teanga is an independent statutory office operating as an ombudsman’s service and as a compliance agency. All public companies are obliged to implement recommendations set out in their language schemes once agreed with the Minister. An investigation conducted by An Coimisinéir Teanga showed that section 18(1) of the Official Languages Act was contravened when a public body did not provide a service through Irish which was specifically promised in a language scheme
Section 13 (1)(a) requires all public bodies to publish a notice of intention to prepare a draft scheme under the Act. Public Bodies advertise their intention to public ise a scheme using print media and informing Irish Language Organizations via Comhdháil Náisiúnta na Gaeilge. Therefore, this gives members of the public the opportunity to submit recommendations to public companies preparing language schemes before the deadline mentioned in the notice.
Language Scheme Submissions
Comhdháil Náisiúnta na Gaeilge welcomes the opportunity to recommend ways in which public bodies who are preparing language scheme can strengthen their service through Irish. We analyse the role and services provided by each public company prior to submitting our recommendations and aim to ensure that the services provided by public bodies bilingually will be of the highest standard.
The consultation process offered under section 13(1)(a) of the Official Languages Act 2003 is of utmost importance to ensuring that public companies meet the public’s expectations in relation services provided to the public bilingually. Should you wish to recommend way in which to improve services through Irish from public companies, you can send your views to eolas@gaelport.com or send a submission to the public company in question during the consultation process.
Comhdháil Náisiúnta na Gaeilge submissions include the following recommendations;
· Current bilingual ability of the public body,
· Active availability/offer and maintaining demand of services through Irish,
· Recruitment policy
· Access to documentation/Application Form
· Irish language signs
· Public Meetings
· Language requirments of An Ghaeltacht
· Company Website
· Evaulating/Assessing the language scheme’s aims
· Monotoring and documenting developments made
· Publicising/Advertising the Langauge Scheme and its contents
A copy of An Chomhdháil's submissions to the Central Statistics Office may be found at. You may also access a miscellaneous submission which will start you of on preparing your own submission.
Further information may be found by contacting us on 01 679 4780 or by email to eolas@gaelport.com