CAO loses challenge to designate it a 'public body'

THE CENTRAL Applications Office has lost a High Court challenge to a ministerial decision to designate it a "public body" under the Official Languages Act.

The designation has the effect of requiring the office to have the capacity to produce its official documents and conduct its business through Irish as well as English.

Mr Justice John MacMenamin yesterday rejected the CAO's argument that the Minister for Rural, Community and Gaeltacht Affairs acted in excess of his powers under the Official Languages Act 2003 when he decided in April 2006 to designate the office a public body within the meaning of the Act.

The judge found it difficult to discern in the evidence any significant degree of "detriment" - other than "some administrative inconvenience".

The CAO has already moved to provide documents and materials in Irish and English on request, he said. The designation also did not affect the "public" or "private" status of the body concerned except for the purposes of the 2003 Act itself.

Earlier, Mr Justice MacMenamin noted the CAO was a non-profit company limited by guarantee and established in 1976. It did not receive public funding although it received seed capital when established, he noted. Its revenue was largely derived from student application fees and the State had no responsibility for its operation.