Judge rejects defendant's call to hold court hearing in the Irish language saying it would not be a good use of public funds
A Co Antrim man accused of speeding has failed to convince a judge to hear his case in Irish.
Antrim Magistrates’ Court, sitting in Ballymena, heard that in his email correspondence, Sean Curran had asked for any letters sent to him to be translated into Irish.
The 39-year-old, from Red Row in Toome and who faces a charge of excess speed on December 2 last year, had also asked for the proceedings to be conducted in Irish.
During an exchange between Curran and district judge Nigel Broderick today, it emerged that the 39-year-old had sought to argue that he was entitled to have his hearing conducted in Irish.


Judge Broderick said that in his email to the court, Curran was relying on Articles 9 and 10 of the European Charter for Regional or Minority Languages in support of his argument.
Those articles, said the judge, address the use of regional and minority languages in administrative and public services, including the right to use the language in court.
While Curran conceded that “I have not prepared for this today, I thought we were just setting a date,” judge Broderick told him, “my understanding about the charter is that it is an international treaty and has not been incorporated into UK or domestic law.”
The judge added: “In short, my reading of the legislation is that there is no right to have the proceedings conducted in any language other than English, when the defendant can both read and speak in English.”
When a defendant can neither read nor speak nor understand English, then the court is obliged to provide an interpreter, said the judge, putting to Curran that “you clearly can.”
The defendant agreed that he had written to the PPS in English and that the hearing today had been conducted in English.
Adjourning the case to 8 September, Judge Broderick told Curran: “At the moment, based on the fact that you can read and speak in English, I’m not minded to appoint an interpreter.”
“I do not consider it a good use of public funds,” the judge ruled, advising Curran to bring his driving licence with him for the next occasion.
In 2022, the Tory government passed the Identity and Language (Northern Ireland) Act 2022.
It created the post of an Irish Language Commissioner.
But among the other things contained in the act was a promise to repeal the Administration of Justice (Language) Act (Ireland) 1737.
The 1737 act had barred the use of any language except English in court proceedings.
The clause triggering that repeal was then activated in February this year.
Irish language group Conradh na Gaeilge said at the time: “Now that this penal-era ban has finally been repealed, it is up to the Executive to ensure the provision underpinning Irish speaking rights in our legal arenas are based on best-practice and equality.
"We have written to the justice minister, who is, from this point on, responsible for setting out the new Irish language policy of our courts and legal systems, to ensure we the needs and expectations of our community are realised in full.”