THE COURT of Appeal in Northern Ireland was urged yesterday to overturn a 270-year-old ban on the use of Irish language in court proceedings in the North.
Senior judges heard the prohibition was discriminatory and breached the European Convention on Human Rights.
Irish language speaker Caoimhín MacGiolla Catháin is challenging the dismissal of a legal case he took after being informed his application in Irish for an occasional drinks licence could not be considered. Court staff said the reason was that under the Administration of Justice (Language) Act of 1737 all proceedings in NI courts must be in English.
The liquor licence sought by Mr Catháin, a member of the Shaws Road Gaeltacht in west Belfast, was in connection with a musical concert in the Cultúrlann centre.
Last summer a High Court judge rejected his contention that the 1737 Act was incompatible with the European Charter for Regional and Minorities Language and secondly that the Act contravened his human rights.
But his lawyers went before a three-judge appeal panel headed by Lord Chief Justice Sir Declan Morgan to argue that the legislation has been repealed in Scotland and Wales.
Michael Lavery QC claimed the attitude of the government had been “evasive and avoiding the issue”. Turning the alleged impact of the legislation on his client, the barrister said: “We say that makes him a victim, directly affected by the Act.”
But Paul Maguire QC, for the Secretary of State, noted Mr Catháin’s ability to speak English was not in question. “If this was a case of necessity it is highly likely . . . arrangements would have to be made to ensure proceedings were conducted in English but with the assistance of translation facilities,” he said. “What distinguishes this case is this is not a case of language of necessity. In essence what the applicant seeks to do is express a preference to go to the courts and conduct the proceedings in the Irish language.”
The appeal was adjourned until today.
Outside the court Irish speakers said the case is a litmus test for the Hillsborough Agreement.
Pobal’s chief executive Janet Muller said the continued use of the “outdated law” is a key issue in light of an agreement over policing and justice.