Irish Legislation

Number 49 of 2021

OFFICIAL LANGUAGES (AMENDMENT) ACT 2021

CONTENTS

Section

1. Definition

2. Amendment of section 2 of Principal Act

3. Amendment of Principal Act - insertion of sections 4A and 4B

4. Amendment of section 9 of Principal Act

5. Amendment of Principal Act - insertion of sections 9A to 9E

6. Advertising by public bodies

7. Amendment of section 14 of Principal Act

8. Amendment of Principal Act - insertion of sections 18A to 18F

9. Amendment of Principal Act - insertion of sections 19A to 19D

10. Amendment of section 21 of Principal Act

11. Amendment of section 29 of Principal Act

12. Amendment of section 31 of Principal Act

13. Amendment of Principal Act - insertion of sections 31A to 31C

14. Amendment of section 32 of Principal Act

15. Amendment of First Schedule to Principal Act

16. Amendment of section 12 of Juries Act 1976

17. Repeals

18. Abolition of An Coimisiún Logainmneacha

19. Transitional provision

20. Short title, collective citation and commencement

Acts Referred to

Civil Law (Miscellaneous Provisions) Act 2008 (No. 14)

Companies Act 2014 (No. 38)

Companies Acts

Gaeltacht Act 2012 (No. 34)

Juries Act 1976 (No. 4)

Official Languages Act 2003 (No. 32)

Number 49 of 2021

OFFICIAL LANGUAGES (AMENDMENT) ACT 2021

An Act to amend and extend the Official Languages Act 2003 ; to amend the Juries Act 1976 ; and to provide for related matters.

[22nd December, 2021]

Be it enacted by the Oireachtas as follows:

Definition

1. In this Act “Principal Act” means the Official Languages Act 2003 .

Amendment of section 2 of Principal Act

2. Section 2(1) of the Principal Act is amended—

(a) by the substitution of the following definition for the definition of ‘Gaeltacht area’:

“ ‘Gaeltacht area’ has the same meaning as it has in Part 2 of the Act of 2012;”,

(b) by the substitution of the following definition for the definition of ‘head of a public body’:

“ ‘head of a public body’ means the person appointed as the principal officer of the public body or, where no such person has been appointed, the person designated by order of the Government made under section 4A to be the head of the public body for the purposes of this Act;”,

(c) by the insertion of the following definitions:

“ ‘Act of 2012’ means the Gaeltacht Act 2012 ;

‘Advisory Committee’ has the meaning assigned to it by section 18A;

‘establishment day’ shall be construed in accordance with section 18A;

‘Gaeltacht Language Planning Area’ has the same meaning as it has in Part 2 of the Act of 2012;

‘Gaeltacht Service Town’ has the same meaning as it has in Part 2 of the Act of 2012;

‘Irish Language Network’ has the same meaning as it has in Part 2 of the Act of 2012;

‘National Plan’ has the meaning assigned to it by section 18C;

‘official form’ means a form, including an electronic form, used by a public body in connection with the provision of a service by that body;

‘statutory body’ means a body established by or under statute;”.

Amendment of Principal Act - insertion of sections 4A and 4B

3. The Principal Act is amended by the insertion of the following sections after section 4:

“Appointment of head of public body

4A. (1) Where for the time being no person stands appointed as the principal officer of a public body, the Government may by order designate a person to be head of the public body for the purposes of this Act.

(2) Every order under subsection (1) shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order is passed by either such House within the next 21 days on which that House sits after the order is laid before it, the order shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

Report on performance of obligations under Act

4B. The head of a public body shall—

(a) appoint, from senior management, another member of staff of the body to oversee the performance of, and report to him or her as appropriate in relation to, the obligations of the body under this Act, and

(b) ensure that a summary of any of the matters reported to him or her in accordance with paragraph (a) is included in the annual report of the body concerned.”.

Amendment of section 9 of Principal Act

4. Section 9 of the Principal Act is amended—

(a) in subsection (1)—

(i) by the deletion of “or advertisements” in each place it occurs, and

(ii) by the substitution of “stationery or signage” for “stationery, signage”,

(b) by the substitution of the following subsection for subsection (2):

“(2) Where a person communicates in writing, by electronic mail or through social media in an official language with a public body, the public body shall reply in the same language.”,

and

(c) by the substitution of the following subsections for subsection (3):

“(3) Where a public body communicates in writing or by electronic mail with the general public or a class of the general public for the purpose of furnishing information to the public or the class or for the purpose of the marketing of the public body or its services to the public or the class, the body shall ensure that the communication is in the Irish language or in the Irish and English languages.

(4) Where the communication referred to in subsection (3) is in both the Irish and English languages—

(a) the part of the text that is in the Irish language shall not be in a smaller font, or less prominent, visible or legible than the part of the text that is in the English language, and

(b) where part of the text that is in the Irish language is abbreviated, the part of the text that is in the English language which is the translation of that abbreviated text shall also be abbreviated.”.

Amendment of Principal Act - insertion of sections 9A to 9E

5. The Principal Act is amended by the insertion of the following sections after section 9:

“Duty of public bodies regarding names, addresses and titles in Irish language

9A. (1) For the purpose of ensuring the correct recording and use by a public body of a person’s name (including the patronymic or matronymic form of the name), address or title (including the option to use no title) in the Irish language, the Minister may, after consultation with such (if any) Minister of the Government as the Minister considers appropriate having regard to the functions of the public body, prescribe the body for the purposes of this section.

(2) The Minister may, in prescribing a public body under subsection (1), specify the services offered or provided by the body in respect of which it is so prescribed.

(3) A public body that is prescribed under subsection (1) shall ensure that the information and communications systems, and any other systems (whether electronic or otherwise), that are used by the body in its communications with the general public, or a class of the general public, as may be appropriate, are configured in a manner that—

(a) permits a person’s name (including the patronymic or matronymic form of the name), address or title (including the option to use no title), in the Irish language, to be correctly recorded and used by such systems in relation to the services offered or provided by the body in respect of which it is so prescribed, and

(b) facilitates the use of the length accent in Irish language text.

(4) (a) The Minister shall, not later than 3 months after the commencement of section 4 of the Official Languages (Amendment) Act 2021 and following consultation with such (if any) other Minister of the Government as the Minister considers appropriate, prepare and issue guidelines to assist public bodies in complying with their obligations under this section and under sections 9B, 9C and 9D.

(b) A public body shall have regard to the guidelines, if any, issued under paragraph (a) in complying with its obligations under this section and under sections 9B, 9C and 9D.

(c) The Minister shall, as soon as practicable, publish on the website of the Department of Culture, Heritage and the Gaeltacht guidelines issued under paragraph (a).

(d) The Minister shall, at such intervals as he or she considers appropriate, revise guidelines issued under paragraph (a) and the provisions of this subsection shall apply to the preparation, issuing and publication of such revised guidelines as they apply to the guidelines first issued.

Duty of public bodies regarding official forms

9B. (1) For the purpose of prescribing the content and layout of official forms of a public body the Minister may, after consultation with such (if any) Minister of the Government as the Minister considers appropriate having regard to the functions of the public body, prescribe the body for the purposes of this section.

(2) The Minister may, in prescribing a public body under subsection (1), prescribe the contents and layout of official forms of the public body to be in the Irish language or in both the Irish and English languages and different provisions may be made in relation to different public bodies or official forms.

(3) In prescribing the content and layout of forms under subsection (2) the Minister shall have regard to the following matters where text, in the official form concerned, is in both the Irish and English languages:

(a) the order in which the text in each language shall appear in the official form;

(b) the prominence, visibility, legibility, size, font, overall appearance and style of the text, in the official form, of one language with respect to the text of the other language;

(c) the need for each official language to communicate the same message;

(d) the manner in which a title is to be used prior to or after a person’s name in the official form, particularly with reference to acknowledging the different forms of such titles in each language;

(e) the manner in which abbreviated words may be used in each language.

(4) In prescribing the content and layout of forms under subsection (2) the Minister shall have regard to the following matters where text, in the official form concerned, is in the Irish language only:

(a) the manner in which a title is to be used prior to or after a person’s name in the official form, particularly with reference to acknowledging the different forms of such titles in each language;

(b) the manner in which abbreviated words may be used in each language.

Duty of public bodies regarding logos

9C. (1) A public body shall, on and from the commencement of section 4 of the Official Languages (Amendment) Act 2021, where it is renewing or altering its logo, ensure that text that forms part of the new or altered logo shall be in the Irish language or in both the Irish and English languages.

(2) Where text referred to in subsection (1) is in both the Irish and English languages—

(a) the part of the text that is in the Irish language shall appear before the part of the text that is in the English language,

(b) the part of the text that is in the Irish language shall not be in a smaller font, or less prominent, visible or legible than the part of the text that is in the English language, and

(c) where part of the text that is in the Irish language is abbreviated, the part of the text that is in the English language which is the translation of that abbreviated text shall also be abbreviated.

(3) In this section and in section 9D ‘logo’ means the logo usually used by a body on headings of stationery, livery or signage of the body and generally accompanied by the name of the body, and includes the logo of any scheme, programme, policy initiative or website administered by the body or for which the body is responsible.

(4) In subsection (1), ‘text’ shall include any abbreviation or acronym of the name, in the Irish language, of the body concerned.

Names and logos of newly established statutory bodies

9D. (1) The name of a statutory body established, on and from the commencement of section 4 of the Official Languages (Amendment) Act 2021, shall be in the Irish language.

(2) Text that forms part of a logo of a statutory body established, on and from the commencement of section 4 of the Official Languages (Amendment) Act 2021, shall be in the Irish language or in both the Irish and English languages.

(3) Where text referred to in subsection (2) is in both the Irish and English languages—

(a) the part of the text that is in the Irish language shall appear before the part of the text that is in the English language,

(b) the part of the text that is in the Irish language shall not be in a smaller font, or less prominent, visible or legible than the part of the text that is in the English language, and

(c) where part of the text that is in the Irish language is abbreviated, the part of the text that is in the English language which is the translation of that abbreviated text shall also be abbreviated.

Public facing services

9E. (1) A public body shall take all appropriate steps to ensure that, where a person provides a public facing service on behalf of the public body, that person shall, in respect of the provision of that service, comply with—

(a) regulations under section 9(1) applying to the public body concerned,

(b) subsections (2) and (3) of section 9, and

(c) such of the relevant language standards prescribed by the Minister under section 19A(2) to apply to the public body concerned.

(2) In this section, ‘public facing service’ means a service offered or provided, whether or not for remuneration, on behalf of a public body by a person other than a public body, to the general public or a class of the general public.”.

Advertising by public bodies

6. The Principal Act is amended by the insertion of the following section after section 10:

“10A. (1) A public body shall ensure that—

(a) at least 20 per cent of any advertising placed by the body in any year shall be in the Irish language, and

(b) at least 5 per cent of any money expended by the body on advertising in any year shall be used to place advertising in the Irish language through Irish language media.

(2) In this section—

‘advertising’ means—

(a) any form of commercial communication with the aim or direct or indirect effect of promoting a product or service of the public body concerned, and

(b) any form of communication, to the public, in respect of—

(i) the recruitment of staff,

(ii) legislative or policy initiatives,

(iii) the purchase or sale of land or assets,

(iv) the provision of services, or

(v) public consultation;

‘Irish language media’ means any media where 50 per cent or more of the content of that media is through the Irish language.”.

Amendment of section 14 of Principal Act

7. Section 14 of the Principal Act is amended by the insertion of the following subsection after subsection (3):

“(4) Where a language standard has been prescribed to apply to a public body under section 19A(2) a scheme confirmed by the Minister under this section or pursuant to section 15 shall, notwithstanding subsection (3), cease to be in force.”.

Amendment of Principal Act - insertion of sections 18A to 18F

8. The Principal Act is amended by the insertion of the following sections after section 18:

“Establishment of Advisory Committee

18A. (1) The Minister shall, by order, appoint a day to be the establishment day (in this Act referred to as the ‘establishment day’) for the purposes of this Act, and the establishment day shall be a day that is not later than 6 months after the passing of the Official Languages (Amendment) Act 2021.

(2) There shall stand established on the establishment day a committee to be known as the Irish Language Services Advisory Committee (in this Act referred to as ‘the Advisory Committee’).

(3) The secretariat and the executive functions of the Advisory Committee shall be provided by the Minister and shall include, at the request of a member of the Advisory Committee or as the Minister considers appropriate, facilities for the simultaneous or consecutive interpretation of proceedings of the committee from one official language into the other official language.

(4) An order under subsection (1) shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order is passed by either such House within the next 21 days on which that House sits after the order is laid before it, the order shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

Membership of Advisory Committee

18B. (1) The Advisory Committee shall consist of the following members—

(a) a Chairperson, and

(b) not less than 5 and not more than 10 ordinary members,

each of whom shall be appointed by the Minister.

(2) The Minister shall designate one member of the Advisory Committee as Chairperson, and the person so designated shall be a person who is competent in the Irish language.

(3) The ordinary members of the Advisory Committee shall include—

(a) one member nominated by the Minister as a representative of the Department of Culture, Heritage and the Gaeltacht,

(b) one member nominated by the Minister for Public Expenditure and Reform as a representative of the Department of Public Expenditure and Reform,

(c) one member nominated by the Public Appointments Service as a representative of the Public Appointments Service,

(d) not more than 6 other members nominated by public bodies as representatives of such public bodies as the Minister considers appropriate,

(e) one member, who shall be competent in the Irish language, nominated by the Minister, following a process established by the Public Appointments Service, as a representative of Gaeltacht Language Planning Areas, and

(f) one member, who shall be competent in the Irish language, nominated by the Minister, following a process established by the Public Appointments Service, as a representative of areas of the State that are not Gaeltacht Language Planning Areas.

(4) A member of the Advisory Committee shall be subject to such terms and conditions and be paid such allowances for expenses as the Minister may, with the consent of the Minister for Public Expenditure and Reform, determine.

(5) If the Chairperson is for any reason unable to continue to act as Chairperson, the Minister may designate another member of the Advisory Committee to act as Chairperson.

(6) A member of the Advisory Committee shall hold office for such period not exceeding 6 years from the date of his or her appointment, as the Minister shall determine.

(7) Subject to subsection (8), a member of the Advisory Committee whose term of office expires by the effluxion of time shall be eligible for reappointment to the Advisory Committee.

(8) A member of the Advisory Committee who has served 2 consecutive terms of office shall not be eligible for reappointment to the Advisory Committee until a period of 6 years has elapsed following the end of the second consecutive term.

(9) A member of the Advisory Committee may resign from the Advisory Committee by letter addressed to the Minister, and the resignation shall take effect on the date specified in the letter, or the date on which the Minister receives the letter, whichever is the later.

(10) A member of the Advisory Committee may at any time be removed from membership of the Advisory Committee by the Minister if, in the Minister’s opinion, the member has become incapable through ill-health of performing his or her functions, or has committed stated misbehaviour, or his or her removal appears to the Minister to be necessary for the effective performance by the Advisory Committee of its functions.

(11) A member of the Advisory Committee shall cease to be, and shall be disqualified from being, a member of the Advisory Committee where such member—

(a) on conviction on indictment by a court of competent jurisdiction is sentenced to a term of imprisonment, or

(b) is subject or is deemed to be subject to a disqualification order, within the meaning of Chapter 4 of Part 14 of the Companies Act 2014 , whether by virtue of that Chapter or any other provision of that Act.

(12) The Minister shall determine the procedures of the Advisory Committee.

Functions of Advisory Committee

18C. (1) The Advisory Committee shall—

(a) as soon as may be but not later than 2 years after the establishment day prepare and submit to the Minister for approval a National Plan for the provision of public services through the medium of the Irish language (in this Act referred to as the ‘National Plan’) for a period specified in the National Plan (being not more than 6 years) in order to—

(i) identify services provided by a public body or class of public bodies that are not provided through the medium of the Irish language and in relation to which the Advisory Committee is of the view that a language standard should be prescribed under section 19A(2), and

(ii) specify, for the period to which the National Plan relates, strategies public bodies may employ (including how to make best use of resources available to the bodies) so that services of the public bodies concerned that are not provided through the medium of the Irish language may be so provided,

(b) advise public bodies with respect to how services that are not provided by the bodies through the medium of the Irish language may be so provided, including—

(i) advice with respect to the number and grade of staff who are competent in the Irish language that the body would require to provide such services through the medium of the Irish language,

(ii) having regard to the objective referred to in subsection (3)(b), recommendations as to how to increase the number of staff who are competent in the Irish language, and

(iii) advice as to the level of competence, having regard to the system of standards known as the Common European Framework of Reference for Languages, required by a person in order for him or her to provide such services through the medium of the Irish language,

(c) conduct, or commission the conduct of, such research as the Advisory Committee deems appropriate in order to carry out its functions under paragraphs (a) and (b), and

(d) every 5 years after the establishment day, carry out and submit to the Minister a survey on the level of competence in the Irish language of staff of public bodies, and such survey shall include the following:

(i) the total number of staff of public bodies who are competent in the Irish language;

(ii) the total number of staff of public bodies who have undertaken an Irish language training course;

(iii) the total number of staff of public bodies who speak the Irish language in the workplace, whether when carrying out their duties or otherwise, and the frequency with which they speak the Irish language.

(2) The Advisory Committee shall prepare each subsequent National Plan not earlier than 6 months, and not later than 3 months, before the expiration of the period specified in the National Plan and section 18D shall apply, with any necessary modifications, in relation to each subsequent National Plan as if any reference, to the National Plan, in that section were a reference to a subsequent National Plan.

(3) The Advisory Committee shall, in performing its functions under this Act, have regard to the following objectives—

(a) increasing the services provided by public bodies through the medium of the Irish language, having particular regard to services provided by public bodies in Gaeltacht Language Planning Areas, Gaeltacht Service Towns and Irish Language Networks, and

(b) increasing the number of staff of public bodies who are competent in the Irish language so that, as soon as practicable after the establishment day, but no later than 31 December 2030, at least 20 per cent of staff recruited to public bodies are so competent.

(4) The Advisory Committee shall have all such powers as are necessary or expedient for the performance of its functions.

Duty of Minister in respect of National Plan prepared under section 18C

18D. (1) The Minister shall—

(a) within 3 months of receiving the National Plan under section 18C(1)(a)—

(i) approve the National Plan without modification or with such modifications as he or she considers appropriate,

(ii) specify the date on which the National Plan should come into operation, and

(iii) submit the National Plan to the Government,

and

(b) as soon as may be thereafter—

(i) cause copies of the National Plan to be laid before each House of the Oireachtas, and

(ii) publish a copy of the National Plan on the website of the Department of Culture, Heritage and the Gaeltacht.

(2) The Minister may, as he or she considers appropriate, request a public body, in respect of whom services identified in the National Plan as services provided by the body concerned that are not provided through the medium of the Irish language, to report to the Minister in relation to progress made by the body to so provide the services and to implement the Plan, and the Minister shall be responsible for the co-ordination of the implementation of the Plan by all such public bodies.

Public bodies in Gaeltacht Language Planning Areas

18E. The Minister shall, by order, within 3 months of submitting the National Plan to the Government under section 18D(1)(a)(iii) and having regard to the National Plan—

(a) specify the date by which the Irish language shall become the working language in the offices, in a Gaeltacht Language Planning Area, of a public body or class of public bodies and different dates may be specified in respect of different Gaeltacht Language Planning Areas, and

(b) specify the date by which all services provided by a public body or class of public bodies in a Gaeltacht Language Planning Area (including such services provided by a public body or class of public bodies from outside the Gaeltacht Language Planning Area) shall be provided through the medium of the Irish language and different dates may be specified in respect of different Gaeltacht Language Planning Areas.

Report of Advisory Committee

18F. (1) The Advisory Committee shall, not later than 30 June of each year, provide a progress report to the Minister and to the Commissioner with regard to its work during the preceding year or, in the case of its first progress report, its work from the establishment day up to and including 31 December of the following year.

(2) Notwithstanding subsection (1), the Advisory Committee may, from time to time, furnish to the Minister such information about the performance of its functions as it considers appropriate and shall furnish to the Minister any information about the performance of its functions requested by the Minister.

(3) The Commissioner shall, within 6 months of receiving the report referred to in subsection (1), prepare and submit to the Minister a commentary on the report.

(4) The Minister shall, within 3 months of receiving the commentary referred to in subsection (3), submit the commentary and the report referred to in subsection (1) to the Government and, as soon as may be thereafter—

(a) cause copies of the report and commentary to be laid before each House of the Oireachtas, and

(b) publish copies of the report and commentary on the website of the Department of Culture, Heritage and the Gaeltacht.”.

Amendment of Principal Act - insertion of sections 19A to 19D

9. The Principal Act is amended by the insertion of the following sections after section 19:

“Language standards

19A. (1) For the purpose of prescribing language standards to apply to a public body or class of public bodies in order to promote the use of the Irish language for official purposes in the State, the Minister may, with the consent of the Minister of the Government in whom functions in relation to the body or each body in the class of public bodies is vested, prescribe the public body or class of public bodies for the purposes of this section.

(2) The Minister may prescribe language standards to apply to a public body or class of public bodies prescribed under subsection (1) and different standards may apply to different public bodies or different classes of public bodies.

(3) Language standards prescribed under subsection (2) may include standards specifying—

(a) services to be provided, through the medium of the Irish language, by the public body or class of public bodies concerned,

(b) services to be provided, through the medium of both the Irish and English languages, by the public body or class of public bodies concerned,

(c) the level of competence in the Irish language required by staff of the public body or class of public bodies concerned so as to enable—

(i) the public body or class of public bodies to comply with paragraphs (a) and (b), and

(ii) staff of each public body concerned to communicate, within that body, with other staff of the body—

(I) through the medium of the Irish language, or

(II) through the medium of both the Irish and English languages,

and

(d) where a public body or class of public bodies is delivering or implementing, or intends to deliver or implement, a service, programme or policy in a Gaeltacht Language Planning Area, Gaeltacht Service Town or Irish Language Network, the extent to which the linguistic impact on the Gaeltacht Language Planning Area, Gaeltacht Service Town or Irish Language Network concerned shall be taken into account as respects the delivery or implementation of that service, programme or policy.

(4) The Minister shall, when prescribing language standards under subsection (2), have regard to the following—

(a) the services provided by the body through the medium of the Irish language,

(b) any scheme in force in respect of the body under section 14,

(c) any language standard prescribed under this section that applies to the body,

(d) the extent to which the public body or class of public bodies concerned interacts with the general public or a class of the general public,

(e) the extent to which a service, programme or policy delivered or implemented, or to be delivered or implemented, by a public body or class of public bodies may affect the general public or a class of the general public in a Gaeltacht Language Planning Area, a Gaeltacht Service Town or an Irish Language Network, with particular reference to Gaeltacht Language Planning Areas,

(f) any views received under subsection (6)(c) or (d), and

(g) services identified in the National Plan.

(5) The Minister shall, when prescribing language standards under subsection (2), ensure that a standard to be prescribed shall not have the effect that the public body concerned may be required to provide fewer services through the medium of the Irish language than the body provided (either of the body’s own accord, pursuant to a scheme in force in respect of the body under section 14 or pursuant to a language standard prescribed under this section) prior to the standard being prescribed.

(6) Before prescribing language standards under subsection (2), the Minister shall—

(a) consult—

(i) such other Minister of the Government as the Minister considers appropriate having regard to the functions of that other Minister, and

(ii) such public body as the Minister considers appropriate,

(b) seek the advice of the Advisory Committee,

(c) publish, on the website of the Department of Culture, Heritage and the Gaeltacht, a draft of the standards giving the general public 3 months from the date of publication to provide to the Minister views, in writing, on the draft standards, and

(d) contact each public body to which a standard shall apply to advise that the body may, within 3 months of the date of publication of the draft standards under paragraph (c), provide to the Minister its views on the draft standards.

(7) The Minister may, where he or she considers it appropriate to do so, extend the period referred to in subsection (6)(c) or (d).

(8) The Minister shall forward a copy of language standards prescribed under subsection (2) to the Commissioner.

(9) (a) The Minister shall, from time to time but at least once every 5 years, carry out a review of language standards prescribed under subsection (2).

(b) When carrying out the review referred to in paragraph (a), the Minister shall seek the advice of the Advisory Committee.

(10) Notwithstanding this section, the Minister may, with the consent of the Minister for Public Expenditure and Reform, in relation to those of its services delivered exclusively through the medium of the English language, direct a public body to draw up a plan for the delivery of those services in addition through the medium of the Irish language together with an estimate of the period of time required to implement the plan.

Duty to comply with language standards

19B. (1) Where the Minister has prescribed, under section 19A(2), a language standard to apply to a public body, the body shall, unless and until a derogation has been granted in respect of the standard or part of the standard, comply with the standard, or part of the standard, as the case may be.

(2) Nothing in a language standard prescribed under section 19A(2) to apply to a public body shall be construed as prohibiting a public body from implementing further measures to promote the status of the Irish language within its organisation.

Derogation from language standards

19C. (1) A public body may, within 3 months of a language standard being prescribed to apply to the body under section 19A(2), apply, in writing, to the Minister to seek a derogation from the standard or part of the standard.

(2) An application under subsection (1) shall include—

(a) a statement setting out the reasons why the body considers that it will not be in a position to comply with the language standard, or part of the standard, as the case may be, due to—

(i) lack of availability, particularly in remote geographic locations, of staff of the body who have the required level of competence in the Irish language,

(ii) failure of the body, despite reasonable and satisfactory efforts, to recruit staff who have the required level of competence in the Irish language, or

(iii) incompatibility of the body’s existing IT or other systems with compliance, by the body, with the proposed standard due to existing configuration of those systems,

(b) a plan to outline the action to be taken by the body to—

(i) mitigate, in so far as possible, any adverse effects on the general public or a class of the general public, as may be appropriate, as a result of the derogation being granted, and

(ii) enable it to comply, at a specified future date, with the proposed standard,

and

(c) any other information that the body considers relevant to the application.

(3) The Minister shall, when considering whether to grant a derogation under this section, have regard to—

(a) the statement, plan and any other information submitted to the Minister under subsection (2), and

(b) any other matter the Minister considers relevant.

(4) The Minister may, when considering whether to grant a derogation under this section, consult the public body concerned or such other person as the Minister considers appropriate.

(5) Subject to subsection (6), the Minister shall, within 3 months of receipt of the application referred to in subsection (1), or such further period not exceeding 6 months, grant or refuse to grant a derogation from the language standard, or part of the standard, concerned.

(6) The Minister shall not grant a derogation under this section where to do so would have the effect that the public body concerned may be required to provide fewer services through the medium of the Irish language than the body provided (of the body’s own accord, pursuant to a scheme in force under section 14 or pursuant to a language standard prescribed under section 19A) prior to the standard, in respect of which the application under subsection (1) was made, being prescribed.

(7) (a) The Minister may attach such conditions to a derogation granted under this section as are, in the Minister’s opinion, appropriate.

(b) Subject to subsection (8), the Minister may specify a period, not exceeding 3 years, in relation to which a derogation shall apply, after which period the language standard or part of the standard in respect of which the derogation was granted shall apply to the public body concerned.

(8) The Minister may, if he or she deems it appropriate to do so, extend, for a further period not exceeding 2 years, the period for which a derogation granted under this section shall apply.

(9) A public body to which a derogation has been granted shall report to the Minister within 12 months of the granting of the derogation or such shorter period as the Minister may specify in a condition attached to the derogation, and no later than the expiration of each 12 month period thereafter until the derogation expires, to outline the action taken by the body during that period so that the body may comply with the proposed language standard by a specified future date.

Guidelines in respect of language standards

19D. (1) The Minister may issue guidelines for the purpose of providing practical guidance to public bodies as respects the compliance, by those bodies, with language standards prescribed under section 19A(2).

(2) The Minister shall, as soon as practicable, publish on the website of the Department of Culture, Heritage and the Gaeltacht any guidelines issued under subsection (1).”.

Amendment of section 21 of Principal Act

10. Section 21 of the Principal Act is amended by the insertion of the following paragraph after paragraph (a):

“(aa) to monitor, where he or she considers appropriate, compliance by public bodies with any other enactment relating to the status or use of an official language,”.

Amendment of section 29 of Principal Act

11. Section 29 of the Principal Act is amended by the substitution of “of this Act, or any enactment relating to the status or use of an official language,” for “of this Act”.

Amendment of section 31 of Principal Act

12. Section 31 of the Principal Act is amended by the deletion of the definition of “the Commission”.

Amendment of Principal Act - insertion of sections 31A to 31C

13. The Principal Act is amended by the insertion of the following sections after section 31:

“Establishment of Placenames Committee

31A. (1) On the commencement of section 13 of the Official Languages (Amendment) Act 2021 there shall stand established a committee to be known as the Placenames Committee.

(2) The secretariat and the executive functions of the Placenames Committee shall be provided by the Minister.

Membership of Placenames Committee

31B. (1) The Placenames Committee shall consist of the following members—

(a) a Chairperson, and

(b) not less than 7 and not more than 10 ordinary members,

each of whom shall be appointed by the Minister.

(2) The Minister shall designate one member of the Placenames Committee as Chairperson.

(3) The Placenames Committee shall consist of persons who are competent in the Irish language, and—

(a) have experience of, or expertise in, matters relating to placenames, or both, or

(b) are experts in Irish history.

(4) A member of the Placenames Committee shall be subject to such terms and conditions and be paid such allowances for expenses as the Minister may, with the consent of the Minister for Public Expenditure and Reform, determine.

(5) If the Chairperson is for any reason unable to continue to act as Chairperson, the Minister may designate another member of the Placenames Committee to act as Chairperson.

(6) A member of the Placenames Committee shall hold office for such period not exceeding 3 years from the date of his or her appointment, as the Minister shall determine.

(7) Subject to subsection (8), a member of the Placenames Committee whose term of office expires by the effluxion of time shall be eligible for reappointment to the Placenames Committee.

(8) A member of the Placenames Committee who has served 2 consecutive terms of office shall not be eligible for reappointment to the Placenames Committee until a period of 3 years has elapsed following the end of the second consecutive term.

(9) A member of the Placenames Committee may resign from the Placenames Committee by letter addressed to the Minister, and the resignation shall take effect on the date specified in the letter, or the date on which the Minister receives the letter, whichever is the later.

(10) A member of the Placenames Committee may at any time be removed from membership of the Placenames Committee by the Minister if, in the Minister’s opinion, the member has become incapable through ill-health of performing his or her functions, or has committed stated misbehaviour, or his or her removal appears to the Minister to be necessary for the effective performance by the Placenames Committee of its functions.

(11) A member of the Placenames Committee shall cease to be, and shall be disqualified from being, a member of the Placenames Committee where such member—

(a) on conviction on indictment by a court of competent jurisdiction is sentenced to a term of imprisonment, or

(b) is subject or is deemed to be subject to a disqualification order, within the meaning of Chapter 4 of Part 14 of the Companies Act 2014 , whether by virtue of that Chapter or any other provision of that Act.

(12) The Minister shall determine the procedures of the Placenames Committee.

Functions of Placenames Committee

31C. (1) The Placenames Committee shall—

(a) provide advice to the Minister regarding the making of placenames orders under section 32,

(b) carry out, or commission, research in relation to placenames,

(c) provide, on request, such information to the public and to public bodies regarding placenames as the Placenames Committee considers appropriate, and

(d) have such other functions as the Minister may, from time to time, prescribe.

(2) In carrying out its functions under subsection (1), the Placenames Committee shall, to such extent as it considers necessary for that purpose, take into account and provide to the Minister any work or advice completed by the body known as An Coimisiún Logainmneacha, established by warrant of the Minister for Finance dated the 24th day of October 1946, and the non-statutory committee (known as the Placenames Committee) in existence before the commencement of section 13 of the Official Languages (Amendment) Act 2021.”.

Amendment of section 32 of Principal Act

14. Section 32(1) of the Principal Act is amended by the substitution of “Placenames Committee” for “Commission”.

Amendment of First Schedule to Principal Act

15. The First Schedule to the Principal Act is amended—

(a) in paragraph 1—

(i) by the deletion of subparagraph (4), and

(ii) in subparagraph (5), by the substitution of the following clause for clause (d):

“(d) any other body, organisation or group—

(i) on which functions which relate to the general public or a class of the general public stand conferred by any enactment, or

(ii) which is permitted or required by any licence or authority granted or given under any enactment to perform functions under that or any other enactment which relate to the general public or a class of the general public.”,

(b) in paragraph 2, by the substitution of “clause (d) of paragraph 1(5)” for “clause (b) of paragraph 1(5)”,

(c) in paragraph 3, by the substitution of—

(i) “shall, at least once every 2 years and,” for “may,”, and

(ii) “subparagraph (1) or (2)” for “subparagraph (2)”,

and

(d) by the insertion of the following paragraph after paragraph 3:

“3A.In making regulations in respect of a body, organisation or group in accordance with this Schedule, the Minister shall have regard to the purposes of this Act and, in so doing, shall take the following into account:

(a) the level of communication, whether in writing or by electronic mail, by telephone or in person, between the body, organisation or group concerned and the general public or a class of the general public;

(b) the level of communication, whether in writing or by electronic mail, by telephone or in person, between the body, organisation or group concerned and the general public or a class of the general public living in a Gaeltacht area, Gaeltacht Language Planning Area, Gaeltacht Service Town or Irish Language Network.”.

Amendment of section 12 of Juries Act 1976

16. Section 12 (as amended by section 56 of the Civil Law (Miscellaneous Provisions) Act 2008 ) of the Juries Act 1976 is amended—

(a) in subsection (1), by the substitution of “a summons, in writing and in both the Irish and English languages” for “a written summons”, and

(b) in subsection (2), by the substitution of “notice in writing and in both the Irish and English languages” for “notice”.

Repeals

17. Sections 11, 12, 13, 14, 15, 16, 17 and 18 of the Principal Act are repealed.

Abolition of An Coimisiún Logainmneacha

18. For the avoidance of doubt and without prejudice to any work carried out by it, the body known as An Coimisiún Logainmneacha, established by warrant of the Minister for Finance dated the 24th day of October 1946, is abolished.

Transitional provision

19. Where, on receipt of a notice issued under section 11 or 15 of the Principal Act, a public body has not, prior to the commencement of this section, complied with section 11, 13 or 15 of the Principal Act—

(a) the said notice has no effect and the public body concerned shall not be required to comply with the said section 11, 13 or 15, and

(b) notwithstanding section 17 of the Principal Act, the Minister shall not report a failure, refusal or inability, by the public body concerned, to prepare a draft scheme to which the notice refers.

Short title, collective citation and commencement

20. (1) This Act may be cited as the Official Languages (Amendment) Act 2021.

(2) The Official Languages Act 2003 and this Act may be cited together as the Official Languages Acts 2003 and 2021.

(3) This Act shall come into operation on such day or days, not later than 3 years after the passing of this Act, as the Minister for Culture, Heritage and the Gaeltacht may by order or orders appoint either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or different provisions.