Glann Mor Ceibh Teoranta, Glann Mor Cuan Teoranta & Siobhan Denvir-Bairead v An t-Aire Tithiochta, Pleanail & Rialtas Aitiuil, An Bord Pleanala, Eire & an tArd-Aighne (English) (Unapproved) [2022] IESC 40 (01 November 2022)

Glann Mor Ceibh Teoranta, Glann Mor Cuan Teoranta & Siobhan Denvir-Bairead v An t-Aire Tithiochta, Pleanail & Rialtas Aitiuil, An Bord Pleanala, Eire & an tArd-Aighne (English) (Unapproved) [2022] IESC 40 (01 November 2022)

The State is constitutionally obliged to provide Irish translations of Acts of the Oireachtas and statutory instruments made under s.3 of the European Communities Act 1972 that amend primary law, within a reasonable time. There is no general constitutional obligation to translate all other statutory instruments. The delay in providing the Irish translation of the Planning and Development (Amendment) Act 2018 was excessive and unreasonable. Relief beyond declaratory orders is not warranted absent clear prejudice.

Citation
[2022] IESC 40
Parties
Applicants/respondents: Glann Mór Céibh Teoranta, Glann Mór Cuan Teoranta and Siobhán Denvir-Bairéad; Respondents/appellants: The Minister for Housing, Planning and Local Government, An Bord Pleanála, Ireland and the Attorney General
Jurisdiction
Ireland
Judgment Date
01 November 2022
Procedural Posture
Appeal / Supreme Court Judgment
Outcome
Appeal allowed in part, dismissed in part.
Legal Topics
Translation of Legislation, Official Languages, Statutory Instruments, Compulsory Purchase Orders, Access to Justice
Constitutional Law Administrative Law Language Rights Translation of Legislation Official Languages Statutory Instruments Compulsory Purchase Orders Access to Justice

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Parties

Glann Mór Céibh Teoranta, Glann Mór Cuan Teoranta and Siobhán Denvir-Bairéad

Applicants/respondents

The Minister for Housing, Planning and Local Government, An Bord Pleanála, Ireland and the Attorney General

Respondents/appellants

Procedural Posture

Appeal / Supreme Court Judgment

Legal Issues

  1. 1 Whether there was unreasonable delay by the State in providing an Irish translation of the Planning and Development (Amendment) Act 2018.
  2. 2 Whether there is a constitutional obligation to provide Irish translations of statutory instruments, particularly those amending primary legislation under s.3 of the European Communities Act 1972.
  3. 3 Whether Article 8 and Article 25 of the Constitution require statutory instruments amending primary law to be available in Irish.

Ratio Decidendi

The State is constitutionally obliged to provide Irish translations of Acts of the Oireachtas and statutory instruments made under s.3 of the European Communities Act 1972 that amend primary law, within a reasonable time. There is no general constitutional obligation to translate all other statutory instruments. The delay in providing the Irish translation of the Planning and Development (Amendment) Act 2018 was excessive and unreasonable. Relief beyond declaratory orders is not warranted absent clear prejudice.

Court Disposition

Appeal allowed in part, dismissed in part.

Orders

  • Declaration that the State unreasonably delayed in providing the Irish translation of the Planning and Development (Amendment) Act 2018.
  • Declaration that the State is obliged to provide Irish translations of statutory instruments made under s.3 of the European Communities Act 1972 that amend primary law.