Conspicuous disparity displayed by state & public companies.

The total number of complaints received by the Office increased by 6% in 2023 over 2022.

Leagan Gaeilge.

The positive effects of the new language legislation (Official Languages (Amendment) Act 2021) are evident from the significant increase in Irish language advertising by public bodies on various media (e.g. television, radio, social media). This follows a national awareness campaign conducted by the Office of An Coimisinéir Teanga on the new legislation.

Increase in number of complaints.

39% of the 634 complaints received by Oifig an Choimisinéara Teanga in 2023 concerned commitments made by public bodies in their statutory Language Schemes.

An Coimisinéir Teanga, Séamas Ó Concheanainn commented: “This very high level of complaints reflects the need for the introduction of the new Language Standards which will replace the Language Schemes system.”

It is the function of the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media to give effect to the new language standards system under the Official Languages (Amendment) Act 2021.

Increase in complaints.
The total number of complaints received by the Office increased by 6% in 2023, representing 634 complaints compared to 600 in 2022. The number and nature of complaints received reflect the large gaps at present in public services through Irish. Amongst the more significant gaps is a shortage of staff with sufficient competence in Irish to deliver core public services, e.g. a high standard of telephone and counter service provision through Irish. There is also a conspicuous disparity between the provision of online interactive services to the public in English and the fragmented and sparse provision available in Irish.

Formal investigations into Galway County Council and An Post also highlighted those significant gaps in online services through Irish at present.

Advice service.
The number of cases where the Office has advised public bodies regarding their statutory language obligations has increased by 140 % over the past two years. Monitoring of 18 State Departments during 2023 showed a high degree of compliance regarding recorded oral announcements used on Departmental telephone systems.

The provision of State public service delivery in the Irish language requires reconceptualisation. Sufficient staff with competency in the Irish language is required to build trust and confidence in public services for the Irish-speaking community. Public service campuses/hubs are necessary in Gaeltacht Language Planning Areas, in Gaeltacht Service Towns within and outside the Gaeltacht, within Irish Language Networks, and in Irish language Centres in urban contexts. This approach would undoubtedly help overcome some of the significant challenges faced by the Irish language community in accessing high-quality public services in the Irish language daily.

“The National Plan for the provision of public services through the medium of the Irish language, which will be published later this year, is of particular importance,” added Séamas Ó Concheanainn. "The plan must provide a clear and specific pathway toward enhancing the quantity and quality of Irish-medium public services. A realistic, progressive, and phased approach to attaining the target of 20% of recruits with Irish to the public service by 2030 is crucial to tackling the significant gaps in public services through Irish.”

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New Coimisinéir Teanga appointed to fill 9 month vacancy.

An Leagan Gaeilge

President Michael D. Higgins has today appointed Séamas Ó Concheanainn as Irish Language Commissioner (Coimisinéir Teanga). His nomination by Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media, Catherine Martin, having been accepted by the Houses of the Oireachtas, President Higgins presented Mr Ó Concheanainn with his Seal of Office at a ceremony at Áras an Uachtaráin today.

Séamas Ó Concheanainn

Séamas Ó Concheanainn succeeds Rónán Ó Domhnaill, who spent 9 years as Coimisinéir Teanga before being appointed among the Commissioners at Coimisiún na Meán in the Spring of this year.

“I look forward to the opportunity to make a significant contribution as Coimisinéir Teanga to improving the public services provided by public bodies through Irish to the Irish speaking community," said Mr Ó Concheanainn. "It is a welcome development that the amended language legislation (Official Languages (Amendment) Act, 2021) is currently coming into effect to strengthen the language rights of the Irish-speaking community. The new language legislation includes significant commitments such a National Plan setting out the public sector's (comprising more than 500 public bodies) approach, to ensuring that the language rights of the Irish-speaking community are met. It will be critical to have sufficient human resources with proficiency in Irish to deliver the new public services. A national effort will be required, including a central role for the Irish-medium higher-education sector in providing the qualified staff that public bodies will require for the realisation of the language rights prescribed in the amended legislation.”

The new Coimisinéir also spoke on the provisions that have already been commenced. “I greatly welcome the evident increase in Irish language advertising across all media platforms. Section 10A (Advertising by Public Bodies) places statutory responsibilities on Public Bodies to place a significant portion of their advertising through Irish. It is important that the Irish language is central as a discursive medium in the public sphere.”

A native of An Spidéal in County Galway Séamas Ó Concheanainn has spent three years working as Director of Oifig an Choimisinéara Teanga. Prior to that, he held the position of Director of Acadamh na hOllscolaíochta Gaeilge's Gaeltacht Centre in Carna, Co. Galway, where he had both academic and management responsibilities. Séamas has also been involved in various Irish language-based research topics, including Fios Físe, a national research project that aimed to measure the popularity of TG4 among the Irish-speaking community. He has a particular interest in language planning and community development and has volunteered with a wide range of organisations and community committees over the years.

This is the first time the position of An Coimisinéir Teanga has been filled following a public recruitment campaign. The appointment of An Coimisinéir Teanga is for a term of 6 years.

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How fares our language?

Coimisinéir Teanga issues 2022 report.

In preparation for the Official Languages (Amendment) Act 2021 coming into effect, the Office (OCT) rolled out one of the most extensive awareness-raising programmes since its establishment. Over 2,100 participants attended webinars delivered by the Office in 2022, some of which were run in conjunction with the Department of Tourism, Culture, Arts, Gaeltacht, Sport and Media. Of particular note was the 81% increase, from 189 to 284, in the number of cases that OCT shared advice with public bodies regarding their obligations under the Act. A large portion of the increase in advisory cases related in particular to public bodies seeking advice on section 10A. (Advertising by Public Bodies) of the Official Languages (Amendment) Act 2021, which came into effect in October 2022.

Leagan Gaeilge Highlights  ❖ 81% increase in advice issued to public bodies in 2022 ❖ 600 complaints received by OCT in 2022 – 25% from Co. Dublin ❖ Largest ever information campaign undertaken by OCT – more than 2,100 participants in online seminars. ❖ 5 investigations carried out in 2022 – 3 investigations relating to local authorities; the failure by the Health Service Executive to provide vaccine registration through Irish; and an investigation into Iarnród Éireann signage. ❖ Housing planning in the Gaeltacht and Iris

Advertising: Section 10A prescribes an obligation on public bodies that at least 20% of their advertising in any given year is placed through the medium of Irish and that at least 5% of the public body's annual advertising budget is also spent on Irish media. 

Complaints: The Office received 600 complaints in 2022 and although this figure is a decrease from the 727 complaints OCT received in 2021, it is comparable to the number of complaints received in recent years, e.g. 604 complaints in 2020. In addition, one in every five complaints came from the Gaeltacht, and one in every four complaints on a county basis came from County Dublin.

Investigations: Three of the five investigations completed in 2022 involved local authorities. One of those investigations concerned Offaly County Council. In order to complete this investigation, an Coimisinéir Teanga had to take the unusual step of invoking section 22(1) of the Act. Section 22(1) requires of any person from whom an Coimisinéir Teanga requests any information, to provide that information and where appropriate, may require the person to attend before him for the purpose of implementing his functions.

Another investigation revealed that the Health Service Executive (HSE) breached the statutory language duty prescribed in subsection 9 (2) of the Official Languages Act 2003. The breach arose as a result of the HSE implementing an online vaccine appointments service without due consideration for the language rights set out in subsection 9 (2) where the public have the right to communicate in writing, in Irish, with a public body.

During 2022 the Office also monitored the implementation of investigation recommendations in the case of 10 public bodies. Topics relating to housing planning in Gaeltacht areas and Irish language broadcasting were among the most significant issues monitored.

Planning in the Gaeltacht: The number of complaints that have arisen in recent years relating to planning matters in the Gaeltacht is noteworthy. Under section 10(2)(m) of the Planning and Development Act, 2000, planning authorities with Gaeltacht areas in their jurisdiction are required to set specific objectives in their County Development Plan for the protection of the linguistic and cultural heritage of the Gaeltacht including the promotion of Irish as the community language. 

Rónán Ó Domhnaill
Coimisinéir Teanga 2014-2023

An investigation in 2019 showed that Meath County Council failed to meet objectives set out in its County Development Plan regarding this obligation when processing and determining planning applications for housing developments in the Gaeltacht. Whilst Meath County Council is making a genuine effort to implement the recommendations of the investigation, this case highlights the need for clarification in the form of regulations for local authorities with Gaeltacht language planning areas under their aegis along with other cases relating to housing planning in the Gaeltacht brought to the Office’s attention in recent years. To that end, the new statutory guidelines expected to be issued by the Minister for Housing, Local Government and Heritage this year will be significant to ensure the implementation of section 10(2)(m) of the Planning and Development Act, 2000.

Broadcasting: As regards Irish language broadcasting, an investigation of RTÉ in 2018 showed that statutory duties relating to the provision of a comprehensive range of programming in the Irish and English languages on its broadcasting services were breached. There has been a significant increase in the number of hours broadcast in Irish on RTÉ television services since the investigation, and it is expected that this increase will continue, on an incremental basis, in the coming years. As a direct result of implementing the recommendations of this investigation, RTÉ has indicated that a television current affairs programme in the Irish language shall be broadcast on RTÉ 1 in 2023 for the first time in over twenty years.

Early this year (2023) the Coimisinéir Teanga, Rónán Ó Domhnaill, resigned to take up a position as Media Development Commissioner in the recently instituted Coimisiún na Meán.

20% complaints related to a lack of services through Irish during the pandemic.

 Leagan Gaeilge 

The statutory duty to provide a service in Irish does not depend on the particular situation involved, the priorities or resources of the public body.

An Coimisinéir Teanga Rónán Ó Domhnaill has said that many people who contacted his office last year expressed serious disappointment that state services through Irish were often marginalised during the pandemic. One third of Covid-19 complaints concerned interactive services, such as booking a PCR Test or a vaccine appointment online, not being available in the first official language of the State.

The Commisinéir said: “A total of 123 complaints were received this year related to the health crisis. Many of those complaints could not be investigated due to a lack of provision in legislation requiring satisfactory service through Irish. The matter highlights again the importance on giving effect to the provisions in new Official Languages Act which came into law late last year.

“My Office will be undertaking a substantial information and public awareness campaign later this year to emphasise the importance of the new legislative provisions to both the public and public bodies. If the various provisions of the new Act are properly implemented, the public shall benefit from the availablity of a wider range of services through Irish than heretofore.”

Some of the main provisions in the new Act include:

• An objective that by 2030 20% of new recruits to the public service and Civil Service be proficient in Irish
• A provision requiring public bodies to ensure that at least 20% of their annual advertising is in Irish
• A provision to ensure communications with a public body on social media are answered in the same language.

Other Reports

• Complaints up 20% in 2021, more than a fifth due to access to Covid-19 services (RTÉ)
• Jump in complaints to Irish language commissioner (Irish Times)

The monitoring function of An Coimisinéir Teanga continued last year and is highlighted in the annual report. The monitoring included following-up on recommendations in previous investigations relating to public bodies such as the Department of Education, the Educational Research Centre and RTÉ. 

The Coimisinéir Teanga looks forward in due course to utilising a new function in the revised Official Languages Act which will enable him to monitor any enactments relating to the use of the Irish language, not just the Official Languages Act as is at present. 

Five formal investigations were concluded by the Office of An Coimisinéir Teanga in 2021. One investigation found that Meath County Council breached the Meath County Development Plan by not ensuring the linguistic heritage of the Gaeltacht there was protected when determining planning applications in Ráth Chairn.

Two other investigations related to Dún-Laoghaire-Rathdown County Council and their failure to appoint an Irish-language officer and their failure to ensure that a newsletter distributed throughout the area was available in Irish also.

A total of 727 complaints were made to the Office last year – a 20% increase on 2020. 27% of complaints came from Dublin, with a further 27% from Gaeltacht regions – a 4% increase on 2020.

@CeartaTeanga

Significant advancement of language rights.

Tá sé ina dlí

An Coimisinéir Teanga welcomes enactmentof new Official Languages Bill but also stresses the importance of the full implementation of the Act.

Having considered the Official Languages (Amendment) Bill 2019, the President, Michael D Higgins, has signed the Bill and it has accordingly become law.

An Coimisinéir Teanga has said there has been significant progress as regards language rights as a result of the enactmentof a new Official Languages Act. Rónán Ó Domhnaill also said, however, that what’s most important now is that the Act is implemented as intended.

President signs Irish language rights legislation into law (Irish Times) Official Languages Act (Amendment) 2021 signed by the President of Ireland (Dept of Culture Irl)

“The enactmentof this legislationcertainly signifies progress as regards language rights. The State must act in a practical and proactive way to give effect to the clear objective in the Act that by 2030 20% of new recruits to the public sector and to the Civil Service be proficient in Irish. It’s clear that the work of the Advisory Committee, to be established under the Act, and the National Plan for the Provision of State Services through Irish, which will have a statutory basis, will be critical in ensuring an increase of Irish speakers in the public service.”

Some of the provisions in the new legislation include:

• An objective that by 2030 20% of new recruits to the public sector and the Civil Service be proficient in Irish.
• Confirmation that a deadline will be set wherebyall State services in Gaeltacht regions will be available through Irish.
• A new monitoring function for An Coimisinéir Teanga.
• A provision to end the language scheme system and replace it with a system of language standards.
• A provision to ensure that communications with a public body on social media are answered in the same language.
• A provision requiringpublic bodies to ensure that marketing material distributed to a class of the public be in Irish.
• A provision requiringpublic bodies to ensure that 20% of their annual advertising is in Irish.
• A provision to ensure application forms are available in Irish.
• A provision to ensure that the logos of public bodies are in Irish or in Irish and English.

Rónán Ó Domhnaill said that his Office will be advising the public regarding the strengthening of language rights as a result of the new legislation. His Office will also advise public bodies regarding their new statutory obligations. The provisions will take effect over time and this work must begin without delay, An Coimisinéir Teanga declared.

The Commisonéir's office is currently reviewing the website to take into account the amendments to the legislation arising from the new Act. It is hoped to conclude this review early in the New Year. In the interim, any question in respect of any specific provision of the new Act may be made directly with his office.

@PresidentIRL @Ceartateanga @OireachtasNews #AchtTeanga

County council and Eircode lack of co-operation may lead to legal action. - Report

 Gaeilge 

Monitoring Report 2020/21 of the Office of An Coimisinéir Teanga has been published.

Main Points:  • No local authority examined was fully compliant with their commitments regarding websites and interactive services. • A mixed level of compliance amongst Education & Training Boards was identified regarding statutory obligations under the Official Languages Act. • An Coimisinéir Teanga has welcomed actions put in place by the Office of Public Works at heritage sites that received an unsatisfactory rating for their signage in last year’s Monitoring Report. • A report is to be placed before the Houses of the Oireachtas due to a lack of implementation of recommendations from an investigation into Eircode.

 

The responsibilities on An Coimisinéir Teanga by the Houses of the Oireachtas include the monitoring of the implementation of the Official Languages Act. This aspect of his duties is central to the work the Office carries out as it gives the office holder the opportunity to monitor, off his own bat, the range of duties placed upon public bodies under the Official Languages Act. 

An Coimisinéir Teanga, Rónán Ó Domhnaill,  said that the Monitoring Report for 2020/2021 highlighted that some local authorities did not engage with his Office during the monitoring process and that he would be reminding them of their statutory obligation to cooperate with him when undertaking his functions.

“Under the Official Languages Act proceedings for an offence can be brought by An Coimisinéir Teanga in the event that the Commissioner is hindered or obstructed in the performance of his or her functions. That particular provision in the Act has never been used since the Office was established but in light of the lack of cooperation from some local authorities, I may have no option except to avail of this significant action soon.”

An Coimisinéir Teanga also expressed disappointment that monitoring work conducted by his Office found that recommendations relating to the use of Gaeltacht place names for the Eircode system were not satisfactorily implemented and that he would be laying a report on this matter before the Houses of the Oireachtas. said he hopes that when a new Language Bill is enacted that he will have the opportunity to monitor other enactments that relate to language matters instead of solely the Official Languages Act.

“With the enactment of a new Bill I should be able to engage in a more allencompassing monitoring process than is allowed at present under the Official Languages Act. This would enable me to monitor the implementation of language legislation that relates to education, broadcasting, planning and transport amongst many other areas”,

• The Monitoring Report can be found here on the Coimisinéir's website.

Language on condition...

Leagan Gaeilge 

"The statutory duty to provide a service in Irish does not depend on the particular situation involved, the priorities or resources of the public body."

The latest official report (Annual Report 2020)  from the Coimisnéir Teanga shows the impact of the coronovirus. Two things stood out. One was the 14% reduction in the number of complaints received in the office, probably a reflection of the lockdowns of different levels throughout the period covered. The second was the number of complaints relating to the pandemic displaying the disrespect or thoughtlessness by central and local arms of government. It certainly shows the urgency required in enacting a strong language act.

One in every five complaints made to Language Commissioner last year were Covid-related. 20% of all complaints raised by An Coimisinéir Teanga with public bodies during 2020 pertained to Covid-19. The majority of these cases concerned various means of communication with the public in English only, including information booklets, websites and advertising. Many of the complaints could not be formally investigated due to a lack of provision for Irish language services in the Official Languages Act, according to An Coimisinéir Teanga, Rónán Ó Domhnaill.

“The figures released in the annual report highlight that the more urgent and more important the service or information that the State is providing, the less likely it is that information will be provided in Irish. Many complainants who contacted my Office felt Irish speakers were being marginalised by the State at a time when bringing the public together in common purpose was required. The huge challenges facing the State in a time of Covid should not be underestimated but there should be no conflict between the grave national actions underway and obligations regarding language rights.” he said.

Rónán Ó Domhnaill added: “The complaints we received last year demonstrate yet again that the Official Languages Act needs to be strengthened to ensure a greater level of service through Irish from the State. It is hoped that a revised Official Languages Bill will begin to do just that when enacted.”

Four formal investigations were concluded by the Office of An Coimisinéir Teanga in 2020, two of which were Covid-related.

An investigation found that the Department of Education breached the Education Act when it decided to provide an online portal to enable students register for calculated grades in the Leaving Cert in English only.

Another investigation found that Galway City Council breached the Official Languages Act when erecting a large number of signs in English only which were in relation to Covid.

A total of 604 complaints were made to the Office last year – a 14% reduction on 2019. 33% of complaints came from Dublin, with a further 23% from Gaeltacht regions.

See also: 

20% of complaints to Irish Language Commissioner came from Galway (Galway Bay FM 1/6/2021)

Bodies with an obligation to publish in both languages cited the health emergency as a reason for not doing so. (I.Times 1/6/2021)

"Our hearts are broken!"

Gaeilge

A report regarding the low number of Irish-speaking Gardaí in the Gaeltacht has been submitted to the Houses of the Oireachtas by An Coimisinéir Teanga.

It was decided to lay a Report before both Houses of the Oireachtas as the recommendations of an investigation carried out in 2011 had not been implemented by An Garda Síochána and An Coimisinéir Teanga was unable to undertake any additional measures to impress upon An Garda Síochána to do so.

‘It is now very clear that the investigation’s recommendations have not been implemented by An Garda Síochána. The number of Irish-speaking Gardaí who are on duty in the Gaeltacht is inadequate and as a result the Garda Síochána Act is being breached. It would be difficult to argue that a reasonable period of time has not elapsed since recommendations were made in a 2011 investigation. It now falls to the Houses of the Oireachtas to take whatever additional measures they deem appropriate.’ said Rónán Ó Domhnaill, Coimisinéir Teanga. In an interview this morning he stated that "their hearts were broken" trying to get the Garda Síochána to fulfill their legal obligation. 

The Commissioner of An Garda Síochána is under a statutory obligation to ensure that members of the force who are fluent in Irish are stationed in a district that includes a Gaeltacht area, as far as practicable. The law clearly states:  ‘The Garda Commissioner shall, to the extent practicable, ensure that members of the Garda Síochána stationed in a district that includes a Gaeltacht area are sufficiently competent in the Irish language to enable them to use it with facility in carrying out their duties.’  (Subsection 33(2) of the Garda Síochána Act 2005).

The investigation, which was completed in December 2011, found that An Garda Síochána did not comply with its statutory language obligations to station members of the force who are sufficiently proficient in Irish in the Donegal Gaeltacht.

A specific recommendation was made in the 2011 investigation that An Garda Síochána should examine staffing throughout the Gaeltacht to ensure compliance with the statutory language obligations pertaining to An Garda Síochána in the Garda Síochána Act 2005 and An Garda Síochána’s Language Scheme 2009-2012.

As a result of a monitoring process, it was ascertained that only 35 Irish-speaking Gardaí, out of a total of 95, are assigned to Gaeltacht stations. This is according to An Garda Síochána’s own self-assessment system.

@gardainfo @ceartateanga @OireachtasNews @DeptJusticeIRL

A first in fifty years...

"...until we have it again on our tongues and in our minds we are not free.." (Michael Collins).

Something happened to me last week that has never happened before. A representative of the State initiated a conversation with me in Irish.

I was travelling to our local chemist in Ceathrú Rua and there was a Garda Checkpoint on the road. We were stopped and before we could say anything the cheerful Garda greeted us "Agus cé chaoi bhfuil sibh ar maidin?" I explained my errand and we went on our way. As I drove I felt strangely uplifted, even joyful.

Why?

Well I have been dealing with the state for over fifty years and always the first approach is a sort of confrontation. If I start in Irish there are various blank stares if it is in person and they go looking for "the person with Irish." Or on the phone "The person with Irish is not here..." or "...on her tea break!" In fact up to now if I have been stopped by a Garda on the road in the course of their duty they have always initiated the proceedings in English even in the Gaeltacht. Sometimes refusal to respond in English has resulted in frogmarching to the station. This attitude has lead unsurprisingly to the interaction between the state and those whose daily language is Irish, such as those who live in Gaeltacht Areas, to be in English with the inevitable and frequent claim by the civil service "There is no demand for it!"

I have even been told on more than one occasion by an employee of the State, the constitution of which states that Irish is the first official language, that I would get a better and more efficient service if I dealt with them in English. 

There have been some conversations recently discussing this on twitter and the on-line publication NÓS (Irish).  Indeed when somebody is served in Irish it is the occasion for some happy sharings on social media. This tells its own story. I have yet to see somebody rejoicing in the ability of any state service to provide a service through English.  

Hopefull the wrangling currently in progress in Leinster House as the new ten year delayed Language Bill will manage to sort out this particular problem. However looking at the Government's rejection of almost all of the recommendations of both the Coimisinéir Teanga and the Oireachtas Committee on the Irish Language, Gaeltacht and the Irish-speaking Community (Irish) not to mention those of Linguistic experts, language bodies and the ordinary Seán and Siobhán Citizen.

The Government - all Governments of whatever hue say they favour the advancement of the National Language. Ring up any Government and discover just how they have done in the 99 odd years of the State. The great Michael Collins said shortly before he died, "...the biggest task will be the restoration of the language. How can we express our most subtle thoughts and finest feelings in a foreign tongue? Irish will scarcely be our language in this generation, not even perhaps in the next. But until we have it again on our tongues and in our minds we are not free, and we will produce no immortal literature...."

The milk-watery efforts or indeed subtle hostility of some of his successors have in no small way contributed to the current situation.

I have quoted a Nigerian poet, John Ekwere, in this regard before and his words mutas mutandis perhaps reflect the situation.

"Now no more the palefaced strangers
With unhallowed feet
The heritage of our fathers profane;

Now no missioned benevolent despots
Bull-doze an unwilling race;


Now no more the foreign hawks
On alien chickens prey -
but we on us."

See also: National archive reveals shocking state cynicism! (4/9/2013)

and: Please Sir may I renew my driving licence! (29/10/2015)

Will 2030 be postponed as 1928 was?

Perusing the English language media this last week you might be forgiven for not knowing the the Government introduced the Official Languages bill in the Dáil on Thursday. This bill, promised for the past ten, if not more, years, is supposed to be the natural progression of the 2003 Act which established the Coimisinéir Teanga and various regulations to promote the use of Irish what after all is the National Language particularly in the public sector. 

Was that act a success? 

Judge for yourself. Note particularly that the first Coimisinéir, the much respected Seán Ó Cuirreáin, was left with no other choice but to resign from his role in ensuring the implementation of Irish language legislation. He said his decision was a result of the State's lack of commitment to the protection of Irish speakers' rights. He went on (in translation) to observe: "I fear that the exercise (Government's intentions in a long delayed new Language Act) will be seen as a fudge, a farce or a falsehood."

While the new bill does address some of the issues mentioned by Seán Ó Cuirreáin and his successor and many organisations and private citizens they are understandibly doubtful of the bona fides of the Government in bringing this bill forward. This is of course based on bitter experience from the actions of every Government of the state since 1928. 

Catherine Martin (Aire Gaeltachta 2020) Risteárd Ua Maolcatha, Aire Rialtas Áitiúil 1928) & Jack Chambers (Aire Stáit Ghaeltachta 2020)

Research, which possibly led to the aforementioned resignation, shows that "the Irish language policy of the Irish state from 1928 has been little more than an excercise in cynicism, deception and long fingering!" During that year the then Minister of Local Government & Health, Risteárd Ua Maolchatha, introduced Legal Instrument (No 23 0f 1928) which specified that any local or health authority employee with duties in the Gaeltacht (Irish speaking area) be given three years to learn sufficient Irish to be able to perform their duties in the local language. If they failed to do this they were to be let go. 

These provisions were never implemented. 

As a target date approached a new instrument was signed which postponed it for a further six or twelve months. In fact during the years between 1928 and 1966 this happened FIFTY FOUR (54) times. 

In 1974 the then Government enacted legislation which abolished the requirement of proficiency in the National Language for applicants to appointments in the civil service. The Taoiseach of the day fully understood what this would mean and wrote:  "..that the abolition of the requirement might cause some difficulties in regard to the Constitutional position of Irish as the first official language of the State and might lead to a situation where few civil servants would be able to conduct business in Irish with those members of the public who would wish and would be entitled to do so..." 

Oh how true!

The new act states that a fifth of new recruits to the civil service will have to be proficient in Irish from 2030 (IT). However there is a clause which allows the Minister to extend that date. One wonders how frequently will this be done. Fifty four times? It is little wonder the the General Secretary of Conradh na Gaeilge, Julian de Spáinn wearily says in todays Irish Times (Irish)  - "It is time for the Government parties to adhere and fulfill their promises (before the election)!"

One sign of hope was the number of speakers who addressed the introduction of the bill on Thursday. Twenty two deputies spoke over a period of several hours in a civilised, intelligent and useful debate. All parties and independent groups with the notable, and noted, exception of Fine Gael, the successor party of that which introduced the 1928 act. And the party whose minister removed the Irish language requirement in the civil service with the words, "...there will be no weakening of Irish in the civil service and there will be a greater desire to use it because of the ending of compulsion..." 

Monitoring report highlights Garda failure!

Prior to 2018 the majority of the Coimisinéir Teanga's monitoring was focused on language schemes. This was a sensible approach because these language schemes were the main mechanism used by the legislation to impose a legal obligation on public bodies to provide varied services in Irish. However by 2017 it became evident that it was a flawed system. No systematic or comprehensive development of services provided in Irish occurred as a result of this system.

Leagan Gaeilge

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A litany of failures (Irish Times Editorial 13/8/2020)

For this reason the Coimisinéir used another of his powers given him by the Oireachtas. This allowed him to monitor, of his own accord, the range of duties placed upon public bodies under the Official Languages Act. His first report using this monitoring power led to the first Monitoring Report covering 2018. Now the report for 2019 is available and shows how state and public bodies are fulfilling their obligations under the law and constitution.

Garda Síochána

Only 35 Gardaí with Irish are stationed in Gaeltacht stations according to the organisation’s self-assessment system. That is out of a total of 99 Gardaí stationed in the Gaeltacht. An Coimisinéir Teanga, Rónán Ó Domhnaill, says that it is now clear that recommendations from an investigation concluded in 2011 on this issue have not been implemented as they should.

Overview of 2nd Monitoring Report

As he launched  the  2019 Monitoring Report today, An Coimisinéir Teanga said … "the likely outcome of this lack of progress will be the laying of a report on the issue before the Houses of the Oireachtas. This in accordance with the obligation placed upon me when recommendations of an investigation have not been implemented after a reasonable period of time. It would be difficult to argue that a reasonable period of time has not elapsed since an investigation in 2011 as regards An Garda Síochána complying with its obligations under the Garda Síochána Act in ensuring Gardaí with Irish are stationed in Gaeltacht areas, to the extent possible."

Signage 

The Monitoring Report for 2019 also shows that 75% of signs at 10 heritage sites examined were compliant with the legislative requirements, but that over 40% of signs at the four universities under the auspices of the National University of Ireland were in English only.

Local authority websites, language schemes of Education & Training Boards and the interactive services of the Revenue Commissioners were also examined as part of the audit.

Official Languages Bill

An Coimisinéir Teanga said he hoped that the strengthening of the Official Languages Bill, as committed to in the Programme for Government, would rectify the situation where he is unable to proactively monitor any provision to do with the status or use of an official language in other Acts of the Oireachtas such as the Education Act, the Planning and Development Act and the Broadcasting Act. At present the Commissioner may only deal with allegations of non-compliance in these areas through an investigation.

• See also his Monitoring Report 2018

Bill publication an important first step!

Leagan Gaeilge

Publication of the Official Languages (Amendment Bill) is an important step, however more action needed on Gaeltacht and Recruitment. This is a translation of a statement from the Coimisinéir Teanga.

The publication of the Official Languages (Amendment) Bill is an important step in the process of bringing forth a stronger and more fit-for-purpose language Act. The opportunity to examine the proposed amendments is to be welcomed, but the deficiencies in the Bill are a matter of concern.

I have continually emphasized three key reforms that I see as being necessary to strengthen the Act. These amendments relate to the provision of State services in the Gaeltacht, changes in State recruitment policies, and the establishment of a system of language standards placing a clearer obligation on public bodies to serve the public in the country's first official language.

Reference is made in the new Bill to these matters and to a number of other important provisions, but the Bill, as it currently stands, does not adequately address some of the most important issues relating to the provision of public services through Irish and protecting the
language rights of the community.

The Gaeltacht
The fragile state of Irish in Gaeltacht areas is evident in the census results and in various pieces
of research over the past number of years. It is therefore vital that the provision of public
services through Irish in the Gaeltacht is placed on a statutory footing and that the language
rights of the Gaeltacht community should be underpinned by the legislation. Unfortunately,
at this stage, the Bill contains no firm provisions placing a duty upon the State to ensure that
the Gaeltacht community is served in their native language.

Recruitment
I support the recommendation that a national statutory plan for the provision of public
services through Irish be prepared and I agree that new recruitment policies and practices
should be an integral part of this plan. However, I am concerned that external experts and
the public are not adequately represented on the Advisory Committee to be established
under the amended Act to prepare the implementation plan. I am also concerned that there
is no stated deadline for the publication of the plan and that there is no statutory obligation
to implement any agreed plan.

System of Standards
One of the main provisions of the Bill is the proposal to replace the language schemes system
with a system of language standards. This is a worthwhile proposal, but it is difficult to judge
the possible impact of this change without sight of the draft standards. I believe that the
timely production of these draft standards would greatly benefit the process of assessing the
Bill.

In the coming weeks we will have an opportunity to dissect the proposed amendments to
the Official Languages Act and indeed other important matters not mentioned in this Bill.
The weaknesses in the existing legislation have long been highlighted and should be
addressed at this juncture. To not do so would be a missed opportunity.

In the course of this debate it is important that the needs of the language community and
their rights continue to be addressed, taking into account the status of Irish as the national
and first official language of the country.

Good news for Irish education welcomed.

‘Announcement by the Minister for Education of new criteria for the founding of Gaelscoileanna is a positive development’

An Coimisinéir Teanga

An Coimisinéir Teanga Rónán Ó Domhnaill has welcomed today’s announcement by the Minister for Education and Skills Joe McHugh, T.D., that 5 of the 13 primary schools to be established between now and 2022 have been predesignated as Irish – medium schools.

In an investigation conducted by An Coimisinéir Teanga in 2017 he ruled that the Department of Education and Skills breached language provisions of the Education Act, 1998, when a patronage application for a new Irish-medium primary school in the Drumcondra/Marino/Dublin 1 school planning area was rejected. An Coimisinéir Teanga ruled that the language objectives of the Education Act were not adequately addressed in the evaluation process for deciding school patrons.

The implementation of the report’s recommendations are a matter of continuing discussion with the Department of Education and Skills. Today’s announcement that the evaluation criteria for the patronage process are being changed is a positive development that will benefit Irish-medium education. It means that the option of an Irish-medium education should be available in the future in areas where a new school is being built but where that option is not available at present.

It should also be ensured that the measures introduced by the Department of Education and Skills meet the extra demand for Irish-medium education and that is a matter that is still being discussed with the Department.

Leagan Gaeilge

What's that in English?

You can sit on a mountain but you can't sit on a pin!

Not again!

Imagine if you can Silvio Berlusconi entering the European Parliament to which he has just been elected.

"Who are you?"

"Silvio Berlusconi, newly elected representative from the Republic of Italy."

"What would that be in English?"

This is something that happens regularly in Ireland to people who use the (more correct) form of their surname. It has happend to me as recently as last week.

I had to go into a local hospital in the Gaeltacht serving city of Galway for a medical procedure. For safety reasons the very efficient and friendly staff of these establishments must check your name date of birth etc. to ensure that your are the correct person for this procedure.

Checking my name one of those checking queried my surname, "And whats that in English, Eoin?" I just said that's my surname, "It's a old Wexford name!" I went on to talk about other surnames from Wexford in my family background including my great-grandmother who was a Hore - one of the Hores of the Moyne as my grandfather used to smilingly refer to her in the days when I had no idea that there could be any other word with the same sound, a different spelling and a completely different meaning!

On other occasions I have been told directly "That's Ryan isn't it?" Now as I appriach my dotage I no longer acquiesce and say no it isn't it's "Ó Riain." Prior to this i might have agreed for a quiet life!

I have also been told that I should not have not to use that form of my name. I decided to use it and only that form when I came to voting age. I feel that after over fifty years this decision should not be queried. Perhaps I am naive?

Recently the film director, Ciarán Ó Cofaigh drew our attention to the apparant inability of may of our public (and private) institutions to cope with the accent or long sign over vowels. "It's the esence of who I am!"  (RTÉ, 9/4/2019) This is I suppose part of the same problem. Try booking a seat on IarnRód Éireann or on an Aer Lingus plane if your name has an accent!

Respect: My name tag from a conference
in the Netherlands. 

It is a problem I have only come across here in Ireland. In my somewhat limited experience abroad - including Mother England believe it or believe it not - the fada on my surname is nearly always respected. In Ireland it is invariable either left out (acceptable) or replaced with a following (and meaningless) apostrophy. Nobody outside of Ireland asks me the fatal question, "What's that in English?"

I agree it is in one way a small irritant. But as the saying goes, "You can sit on a mountain but you can't sit on a pin!" The Comisinéir Teanga has said, "Our name and surname is an integral part of our identity and no person or organisation should take it upon itself to anglicise this." (Annual Report 2015, Page 7)

The ruling of a judge reported in yesterday's Irish Times (12/7/2019) has perhaps some relevance. The Judge refers to “a historically lukewarm State commitment to the giving of practical support and resources to support the language in the administration of justice”, or in any of its services I would add.

If the state is so lukewarm is it any surprise that those in the service of the public show a similar disregard?

The first monitoring report published by An Coimisinéir Teanga.

Leagan Gaeilge

"These results do not engender any confidence that government departments are displaying the necessary leadership in ensuring that sufficient numbers of staff with Irish are employed by them. The low level of employees with Irish means that there cannot be an expectation of a comprehensive range of services of equal standard being provided in both official languages." The Coimisinéir Teanga

This monitoring report, just published gives the results of the various audits completed by the Office of An Coimisinéir Teanga in 2018. The following are the main results of the audits: 

• Only 84 positions of the 20,000 employed by government departments are recognised as positions with an Irish language requirement. 67 of those positions are in the Department of Culture, Heritage & the Gaeltacht. 
• Only two local authorities of the ten examined were complying for the most part with the statutory language commitments relating to their websites. 
• Almost 60% of signs examined at heritage sites under the auspices of the Office of Public Works were in compliance with the regulations. 

Staff with Irish in government departments 

At the time of the audit 7 government departments had not identified any positions as ones with an Irish language requirement. Other than the Department of Culture, Heritage and the Gaeltacht with 10%, the number of positions identified as ones with an Irish language requirement was below 1%. 

In total only 551 staff out of the 21,060 (2.62%) employed by government departments were identified as staff having competence in the Irish language. Only two government departments in the country – the Department of Culture, Heritage and the Gaeltacht and the Department of Education and Skills – have more than 5% of employees with competence in Irish. 

An Coimisinéir Teanga, Rónán Ó Domhnaill, stated that “These figures are a further indication of the lack of capacity of the State to deliver an acceptable level of service in the Irish language. These results do not engender any confidence that government departments are displaying the necessary leadership in ensuring that sufficient numbers of staff with Irish are employed by them. The low level of employees with Irish means that there cannot be an expectation of a comprehensive range of services of equal standard being provided in both official languages. This must be addressed by amending the Act and the recruitment policies of the State.” 

Reports/Comments • Irish language shortcomings must be addressed (RTÉ 11/7/2019) • A crisis in the number of competent Irish language speakers in the State system shown clearly in the Coimisinéir Teanga’s report (CnaG 11/7/2019)

Local authorities’ websites 

As part of the 2018 audit programme a number of local authorities’ websites were examined to assess if they were in compliance with the relevant commitments provided in their language schemes. Of the ten local authorities’ websites examined four were non-complying for the most part with the commitments provided. These were Clare County Council, Wicklow County Council, Louth County Council and Kerry County Council. Two local authorities – Galway County Council and Dublin City Council – were in compliance with their obligations for the most part. 

Signs at heritage sites 

The use of the official languages on signs at various heritage sites managed by the Office of Public Works was also examined. Ten separate heritage sites in Dublin were audited during 2018. Five of the ten sites examined achieved an acceptable level of compliance. The highest level of compliance was achieved by the Pearse Museum in Rathfarnham at 89% and the lowest level of compliance by the National Botanic Gardens where only one out of ten signs examined were in line with regulations. 

This is the first year that the Office of An Coimisinéir Teanga has published a separate report on the Office’s monitoring work, which is limited to monitoring the provisions of the Official Languages Act only. An Coimisinéir Teanga decided to change the Office’s monitoring process, which focused mainly on language schemes, in light of the shortcomings that were identified in the Commentary published on the language scheme system. As part of the new monitoring model An Coimisinéir Teanga identifies annual monitoring priorities encompassing various elements of the Act. 

2018: A productive and important year!

GAEILGE

Irish language provisions of the Broadcasting Act; the inability of computer systems to use the síneadh fada; and a formal investigation, for the first time, into the use of Twitter for official purposes amongst the matters highlighted in the 2018 Annual Report of An Coimisinéir Teanga.

This year was a productive and important one for the Office of the Official Languages Commissioner. Some very significant investigations relating to difficulties accessing services through Irish, both nationally and in the Gaeltacht, were initiated and concluded.

RTÉ is not fulfilling a statutory requirement outlined in the Broadcasting Act 2009.
An investigation by the State’s Official Languages Commissioner has found the amount of programming broadcast in Irish by RTÉ to be seriously deficient, at odds with the will of the Oireachtas and in breach of the language provisions of the Broadcasting Act 2009. The investigation found that less than 1% of programmes broadcast on RTÉ television are classified as Irish language programmes, despite a statutory obligation to broadcast a comprehensive range of programmes in the language.

An Coimisinéir Teanga Rónán Ó Domhnaill said…

“This is one of the most significant investigations conducted by my Office since its foundation. This is the first time compliance with the Broadcasting Act, insofar as it relates to Irish language broadcasting, has been formally investigated. The results of the investigation reveal that only 0.7% of programmes broadcast on RTÉ television are classified as Irish language programmes. Or, in other words, approximately 99% of programmes are in English only.”

The investigation also found that some of the genres RTÉ is obliged to cover in Irish by the Broadcasting Act were either not catered for at all by RTÉ or only catered for in a very limited fashion. The report finds that while RTÉ has a clear definition of what constitutes ‘comprehensive coverage’ in the English language that there appears to be a drastically different understanding of what this means in relation to its Irish language coverage.

An Coimisinéir Teanga has recommended that RTÉ provides his Office with an implementation plan setting out the measures to be taken by the national broadcaster to ensure it meets its statutory language obligations.

“It is clear that the amount of Irish-language programming needs to be increased in a systematic and comprehensive manner, in many programme areas, to meet the obligations of the Broadcasting Act.”

Other investigations
The details of this investigation, as well as the other seven investigations carried out by An Coimisinéir Teanga, are outlined in the Annual Report of the Language Commissioner for 2018.

These include investigations into:

• Galway County Council regarding the issuing of tweets relating to the Gaeltacht which were issued in English only. This was in breach of its own statutory language scheme. It is also the first time a formal investigation by this Office dealt with the use of Twitter.
• The Department of Housing, Planning & Local Government that breached language legislation by not publishing part of the Project Ireland 2040 plan in Irish when it was launched
• Iarnród Éireann over its inability to use the síneadh fada on its on-board reservations system, as well as breaches of legislation in relation to signage
• Cork County Council over its use of Google Translate on its website and
• The Department of Agriculture, Food & the Marine for advertising jobs in Gaeltacht areas without any Irish language requirement being attached to those positions

In addition to these investigations Mr Ó Domhnaill stated that the level of cooperation his Office received from the Abbey Theatre was not commensurate with the standard he would expect from the country’s national theatre and was a matter of some disappointment. An Coimisinéir Teanga found in an investigation that some of the signage used in the theatre was in contravention of statutory obligations concerning the official languages.

Complaints
In total the Office received 634 complaints from members of the public last year, a slight decrease (0.63%) from 2017. Most of the complaints related to the lack of Irish on websites, application forms, signage and stationery. The vast majority were resolved through the informal resolution mechanism operated by the Office.

Mr Ó Domhnaill highlighted the fact that almost half the complaints his Office received last year related to areas not covered by the Official Languages Act. He remarked:

“This shows, once again, the urgent need for the Official Languages Act to be revised to ensure it is fit for purpose and meeting the needs of people who wish to avail of services through Irish from the State. At present there is an obvious disconnect between what people seeking services through Irish want and what they receive. This needs to be addressed through a stronger and more effective Language Act as soon as possible.”

Other Activities
The report also contains details of the activities of the Coimisinéir throughout the year including participating in meetings, seminars and celebrations directly or indirectly connected with language related topics.

The Coimisinéir's status is enhanced by the recognition he and his office receives both at home and abroad. The first Coimisinéir Seán Ó Cuirreáin was instrumental in forming the International Association of Language Commissioners and Rónán Ó Domhnail is currently the Chair of this body with members from different continents.

He is also a member of the Ombudsman Association. This is an association of all the Ombudsman Offices in Ireland and Great Britain.

He was appointed Chairperson of the Irish Ombudsman Forum in 2017. The Ombudsman Forum, comprises seven members and meets once every quarter. The other members of the Forum are the Ombudsman, the Financial Services and Pensions Ombudsman, the Ombudsman for Children, the Press Ombudsman, the Defence Forces Ombudsman and the Garda Síochána Ombudsman Commission.

Fóram na Gaeilge is a forum for leaders of Irish language state organisations to update each other and share feedback on the most important aspects of our organisations' agendas. They are individual organisations acting independently of each other, but having much in common. The other members of the Fóram are Foras na Gaeilge, Údarás na Gaeltachta, An Foras Pátrúnachta and An Chomhairle um Oideachas Gaeltachta & Gaelscolaíochta.

Finance
I am always interested in the cost of state services and in view of the many and varied accounts on the amount of money that is spent on Irish. As has been the case over the years I have been more than impressed at the amount of work accomplished by this office for such a small amount of money. A budget of €753,000 was provided for the Office for 2018 and €746,623 of that money was drawn down.

As the report states: "This year was a productive and important one for the Office. Some very significant investigations relating to difficulties accessing services through Irish, both nationally and in the Gaeltacht, were initiated and concluded."

The bilingual report may be downloaded from the website here.

Recovering your essential fada!

Why risk a fine of €10 million?

This is good news: if your name is Ciarán, Oisín, Sinéad or Siobhán or Seán; or if your Surname has the prefix Ó, Ní or Uí; or if you have a combination of these.  This is a problem you have come across not once but many times. You try to book a ticket and this happens:

Ó Riain is my Passport Family Name so, strictly speaking I am unable to complete this registration.

The Coimisinéir Teanga, Rónán Ó Domhnaill,  has said "One’s name and surname is integral to one’s identity. There is no excuse for any person, company or organisation, not to mention an agency of the State, to anglicise that identity by registering people’s details in English when that is neither their wish nor their choice." (Report on Department of Communications, Energy and Natural Resources - 31 Dec 2015)

This report of an investigation into allocation of so-called postal codes, found that the Department had indeed breached legislation in using English versions of place names in the Gaeltacht but because "there is no language legislation at present that ensures the State has an obligation to accept the choice of the citizen regarding his/ her name ... it wasn’t included as a statutory question for which findings had to be made as part of the investigation."

He later observed in an address to an Oireachtas Committee that he was disappointed to note that there is no protection, either in the Official Language Acts (2003) nár any other act that protects the use of the use of the name, surname or address in whichever official language the citizen chooses. (Address to Oireachtas Committee on Irish, Gaeltacht and Islands [Irish] -  4 Oct 2016).

However if there is no law in Irish domestic legislation to protect the integrity of one's name the GDPR legislation* passed by the European Union in 2016 (8 April 2016) and enacted earlier this year (25th May 2018) which does so provide. I learned about this from an article and video, ‘Tá sé de cheart agat fada a bheith i d’ainm, faigh é!’ by the award winning Film producer Ciarán Ó Cofaigh (Cré na Cille, Murdair Mhám Trasna, Na Cloigne agus eile!) in the on-line news service tuairisc.ie.

The GDPR legislation "..lays down rules relating to the protection of natural persons with regard to the processing of personal data and rules relating to the free movement of personal data..." (Article 1) but the regulation we are concerned with is Article 6 (Rectification) which baldly states:

"The data subject shall have the right to obtain from the controller without undue delay the rectification of inaccurate personal data concerning him or her. Taking into account the purposes of the processing, the data subject shall have the right to have incomplete personal data completed, including by means of providing a supplementary statement."

The real punch line in Ó Cofaigh's article comes near the end. Basically he says if more than one request of this nature is received by an entity - and this refers to all entities not just state owned companies or departments - fines of up to €10 million are allowed for.

He urges those who have this problem should make a request not on the basis of human rights (language rights) but under the the GDPR Legislation (Art 16).

He concludes, “Faigh do fhada ar ais, is libhse é agus tá sé de cheart agaibh é a bheith agaibh!” (Get your fada back, it is yours and you have a rigt to it!)

* The text of the GDPR regulations may be found here in English.  (It is also available in 24 other European Languages, including our own)

¨You may also like to consider just how important a fada can be.  Remember tha Sean means old whereas Seán ia a male name.