O Murchu -v- An Taoiseach & eile [2010] IESC 26 (06 May 2010)

O Murchu -v- An Taoiseach & eile [2010] IESC 26 (06 May 2010)

There is no constitutional obligation to provide simultaneous translations of Acts of the Oireachtas or Statutory Instruments in both official languages. Article 25.4.4 requires an official translation of Acts, but does not specify timing, and does not extend to Statutory Instruments. The obligation is to provide translations within a reasonable period, not simultaneously. The High Court erred in declaring a constitutional duty of simultaneous translation and in extending the obligation to Statutory Instruments.

Citation
[2010] IESC 26
Parties
Respondent/applicant: Pól Ó Murchú; Appellants/respondents: The Taoiseach, The Tánaiste and Minister for Enterprise, Trade and Employment, The Minister for the Marine and Natural Resources, The Minister for Public Enterprise, The Minister for Defence, The Minister for Foreign Affairs, The Minister for Agriculture, Food and Rural Development, The Minister for Finance, The Minister for Health and Children, The Minister for the Environment and Local Government, The Minister for Social, Community and Family Affairs, The Minister for Arts, Heritage, Gaeltacht and the Islands, The Minister for Justice, Equality and Law Reform, The Minister for Tourism, Sport and Recreation, The Minister for Education and Science, Ireland and The Attorney General
Jurisdiction
Ireland
Judgment Date
06 May 2010
Procedural Posture
Appeal (from High Court) / Supreme Court Final Judgment
Outcome
Appeal allowed; High Court order set aside
Legal Topics
Official Languages, Translation of Legislation, Statutory Interpretation, Judicial Review, Mandamus, Equality Before the Law
Constitutional Law Administrative Law Language Rights Official Languages Translation of Legislation Statutory Interpretation Judicial Review Mandamus +1 more

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Parties

Pól Ó Murchú

Respondent/applicant

The Taoiseach, The Tánaiste and Minister for Enterprise, Trade and Employment, The Minister for the Marine and Natural Resources, The Minister for Public Enterprise, The Minister for Defence, The Minister for Foreign Affairs, The Minister for Agriculture, Food and Rural Development, The Minister for Finance, The Minister for Health and Children, The Minister for the Environment and Local Government, The Minister for Social, Community and Family Affairs, The Minister for Arts, Heritage, Gaeltacht and the Islands, The Minister for Justice, Equality and Law Reform, The Minister for Tourism, Sport and Recreation, The Minister for Education and Science, Ireland and The Attorney General

Appellants/respondents

Procedural Posture

Appeal (from High Court) / Supreme Court Final Judgment

Legal Issues

  1. 1 Whether the Constitution imposes a duty on the State to provide simultaneous official translations of Acts of the Oireachtas and Statutory Instruments in both official languages
  2. 2 Whether there is a constitutional obligation to translate Statutory Instruments (including Rules of Court) into Irish
  3. 3 Whether the timing of such translations is constitutionally mandated

Ratio Decidendi

There is no constitutional obligation to provide simultaneous translations of Acts of the Oireachtas or Statutory Instruments in both official languages. Article 25.4.4 requires an official translation of Acts, but does not specify timing, and does not extend to Statutory Instruments. The obligation is to provide translations within a reasonable period, not simultaneously. The High Court erred in declaring a constitutional duty of simultaneous translation and in extending the obligation to Statutory Instruments.

Court Disposition

Appeal allowed; High Court order set aside

Orders

  • The declarations of the High Court imposing a constitutional obligation of simultaneous translation and translation of Statutory Instruments are set aside.