'We must not pander to Irish in courts' says MP amid question marks over future use of language in criminal cases
There should be no "pandering" to demands to use the Irish language in court, an MP has insisted.
It comes in the wake of a fresh call to let defendants choose to hear their cases in Irish.
However, whilst an old law preventing Irish from being spoken in courts was repealed earlier this year, the News Letter has discovered confusion about what needs to happen next before cases can be heard in the language.
Criminal barrister and TUV leader Jim Allister said that "keeping politics out of courts is basic common sense".
The story has its genesis in 2020 when the New Decade, New Approach deal was struck between the British and Irish governments, with the co-operation of Sinn Fein and the DUP, to revive Stormont.
This deal led to the Tory government passing the Identity and Language (Northern Ireland) Act 2022.
It contained a promise to repeal the Administration of Justice (Language) Act (Ireland) 1737, which barred the use of any language except English in court proceedings.
This repeal happened in February 2025, ostensibly paving the way for Irish in courts.
However, earlier this month an application to hear a case in Irish was thrown out by a judge.
A man facing a speeding charge in Antrim Magistrates' Court asked for his case to be heard in Irish.
But district judge Nigel Broderick said "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" – which this defendant "clearly can".
“I do not consider it a good use of public funds" to appoint an interpreter, the judge said.
Mr Allister MP told the News Letter that since the recent attempt to hear a case in Irish involved "someone who clearly spoke and understood English – indeed, his correspondence with the PPS was in English," the judge had been "absolutely right".
"Obviously in a genuine case of an accused needing an interpreter, then such should be provided," he said.
“But, it is important our courts and justice minister do not pander to demands to use Irish from those who are fully conversant in English.
"The human right of a fair trial does not mean being able to dictate proceedings in the accused’s language of choice when they are fluent in English.”
Asked what the current position is of Irish in court, the Lady Chief Justice's office said: "The implementation of the Identity and Language (Northern Ireland) Act 2022, including the repeal of the 1737 Act, is a matter for the Northern Ireland Executive.
"It continues to be the case that court proceedings in Northern Ireland are conducted in English.
"Where a party in the proceedings does not speak or understand English, an interpreter may be provided."
The Department for Justice meanwhile said: "The repeal of the 1737 Act removed the statutory prohibition on the use in courts of languages other than English, but did not create any right to use Irish or any other language other than English.
"Section 4 of the 2022 Act was brought into force by the Identity and Language (Northern Ireland) Act 2022 (Commencement) Regulations 2025 and it has, therefore, already been given effect by the Secretary of State.
"Under the common law, English remains the working language of the courts and any application to use a language other than English in court proceedings is a matter for the courts to determine.
"As the judiciary is independent, it would not be for the Department of Justice to issue any guidance in this regard."
Ciaran Mac Giolla Bhein, president of Irish activist group Conradh na Gaeilge, said "the very premise" of the 2020 deal, and subsequent 2022 act, "was to facilitate the use of Irish in our courts".
"Irish speakers have a very legitimate expectation, following the repeal of the 1737 ban, that they can use Irish when dealing with our court and tribunal services, whatever the reason may be for that," he added.
"It is very clear to us that the duty falls upon the justice minister to provide a clear framework regarding the facilitation of the use of Irish in those legal and court services.
"Both the Secretary of State and the Lady Chief Justice have made it clear to Conradh na Gaeilge that the duty to implement the 2022 legislation now falls upon the minister... We expect there to be long overdue progress on this matter very soon.”