Court allows legal challenge over Stormont’s failure to deliver Irish language strategy

Conradh na Gaeilge asked for judicial review over lack of progress on initiative agreed in 2006

A campaign group has obtained permission from the Northern Ireland High Court to mount a further challenge against the Stormont administration’s continued failure to deliver an Irish-language strategy.

Conradh na Gaeilge was granted leave to seek a judicial review of both the Northern Ireland Executive and Communities Minister Gordon Lyons over alleged violations of a legal duty which came into force nearly 20 years ago.

Mr Justice McAlinden listed the case for a full hearing early next year.

Conradh na Gaeilge has been involved in a long-running legal battle over pledges to progress an initiative for the Irish language which dates back to the 2006 St Andrews Agreement.

The High Court in Belfast has already ruled, in 2017 and again in 2022, that the powersharing government is in breach of an obligation to adopt a blueprint.

[ Court finds for Conradh na Gaeilge over lack of progess in North on Irish languageOpens in new window ]

The continued failure contravenes the 1998 Northern Ireland Act, successive judges held.

Lawyers representing the language campaigners are seeking an order of mandamus compelling implementation of a strategy.

In court on Thursday, counsel for the Executive Committee, Philip McAteer, said he had no instructions to either resist or consent to the application for leave to seek a judicial review.

He set out how powersharing arrangements require the First Minister and Deputy First Minister to reach a joint position.

Mr Justice McAlinden described it as an open-goal for Conradh na Gaeilge to clear the first stage in its case against the Executive.

“You’re basically kicking into an empty net,” he told the group’s legal team.

“There is a rather interesting approach being adopted by the First Minister and Deputy First Minister of doing nothing,”

It was confirmed that the Department for Communities accepts the legal threshold of establishing an arguable case has been met.

Karen Quinlivan KC, for Conradh na Gaeilge, claimed the apparent non-participation in proceedings by the Executive Committee represented unusual circumstances.

The judge responded: “We have an unusual political set-up.”

Formally granting leave to seek a judicial review, he confirmed the challenge will be heard in January.

Outside court, Dr Pádraig Ó Tiarnaigh of Conradh na Gaeilge said neither department under challenge had mounted any opposition to the case proceeding.

“Almost 20 years have now passed since the legal duty was set out at St Andrew’s. Timelines set by the department themselves have now passed,” he said.

“We should be preparing for our second 20-year Irish language strategy, rather than litigating against the failure to bring forward our first.”