Official Languages Act 2003

PART 1 Preliminary and General

1. Short title and commencement.

1. —(1) This Act may be cited as the Official Languages Act 2003.

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

2. Interpretation.

2. —(1) In this Act, save where the context otherwise requires—

F1["Act of 2012" means theGaeltacht Act 2012;]

F1["Advisory Committee" has the meaning assigned to it bysection 18A;]

“Commissioner” means, as the context may require, Oifig Choimisinéir na dTeangacha Oifigiúla established by section 20 or the holder, for the time being, of that office;

“court” includes a tribunal established under the Tribunals of Inquiry (Evidence) Acts 1921 to 2002;

“draft scheme” means a draft scheme to be prepared by a public body under this Act;

“enactment” means a statute or an instrument made under a power conferred by a statute;

F1["establishment day" shall be construed in accordance withsection 18A;]

“functions” includes powers and duties and references to the performance of functions include, with respect to powers and duties, references to the exercise of the powers and the carrying out of the duties;

F2[“Gaeltacht area”has the same meaning as it has in Part 2 of the Act of 2012;]

F1["Gaeltacht Language Planning Area" has the same meaning as it has in Part 2 of the Act of 2012;]

F1["Gaeltacht Service Town" has the same meaning as it has in Part 2 of the Act of 2012;]

“head” means the head of a public body;

F2[“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 undersection 4Ato be the head of the public body for the purposes of this Act;]

F3[(c) in relation to the Office of the Commission for Public Service Appointments, the Director of the Office of the Commission for Public Service Appointments,]

(d) in relation to the Office of the Comptroller and Auditor General, the Comptroller and Auditor General,

(e) in relation to the Office of the Director of Public Prosecutions, the Director of Public Prosecutions,

(f) in relation to the F4[Houses of the Oireachtas Service], the Chairman of Dáil Éireann,

(g) in relation to the Office of the Information Commissioner, the Information Commissioner,

F3[(h) in relation to the Public Appointments Service, the Chief Executive of the Public Appointments Service,]

(i) in relation to the Office of the Ombudsman, the Ombudsman,

(j) in relation to any other public body, the person who holds, or performs the functions of, the office of chief executive officer (by whatever name called) of the body;

F1["Irish Language Network" has the same meaning as it has in Part 2 of the Act of 2012;]

“local authority” has the meaning assigned to it by subsection (1) of section 2 of the Local Government Act 2001;

“the Minister” means the Minister for Community, Rural and Gaeltacht Affairs;

F1["National Plan" has the meaning assigned to it bysection 18C;]

F1["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;]

“the official languages” means the Irish language (being the national language and the first official language) and the English language (being a second official language) as specified in Article 8 of the Constitution;

“prescribed” means prescribed by the Minister by regulations under section 4;

“proceedings” means civil or criminal proceedings before any court;

“public body” shall be construed in accordance with the First Schedule;

“record” includes any memorandum, book, plan, map, drawing, diagram, pictorial or graphic work or other document, any photograph, film or recording (whether of sound or images or both), F5[any form in which data are held (including machine-readable form)] or thing in which information is held or stored manually, mechanically or electronically and anything that is a part or a copy, in any form, of any of the foregoing or is a combination of two or more of the foregoing;

“a scheme” means a scheme confirmed by the Minister under section 14;

“service” means a service offered or provided (whether directly or indirectly) to the general public or a class of the general public by a public body.

F1["statutory body" means a body established by or under statute.]

(2) (a) In this Act a reference to a section or schedule is a reference to a section of or Schedule to this Act unless it is indicated that reference to some other enactment is intended.

(b) In this Act a reference to a subsection or paragraph or subparagraph is a reference to the subsection or paragraph or subparagraph of the provision in which the reference occurs unless it is indicated that reference to some other provision is intended.

3. Expenses.

3. —The expenses incurred by the Minister and any other Minister of the Government in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

4. Regulations.

4. —(1) The Minister may, with the consent of the Minister for Finance—

(a) by regulations provide, subject to the provisions of this Act, for any matter referred to in this Act as prescribed or to be prescribed,

(b) in addition to any other power conferred on him or her to make regulations, make regulations generally for the purposes of, and for the purpose of giving full effect to, this Act,

(c) if, during the first 3 years of application of this Act to a public body specified in subparagraph (3), (4) or (5) of paragraph 1 of the First Schedule, any difficulty arises in bringing this Act into operation in so far as it applies to that body, by regulations do anything which appears to be necessary or expedient for bringing this Act into operation in so far as it applies to that body and regulations under this paragraph may, in so far only as may appear necessary for carrying the regulations into effect, modify a provision of this Act if the modification is in conformity with the purposes, principles and spirit of this Act, and

(d) if in any other respect any difficulty arises during the period of 3 years from the commencement of this Act in bringing this Act into operation, by regulations do anything which appears to be necessary or expedient for bringing this Act into operation and regulations under this paragraph may, in so far only as may appear necessary for carrying the regulations into effect, modify a provision of this Act if the modification is in conformity with the purposes, principles and spirit of this Act.

(2) Regulations under this Act may contain such incidental, supplementary and consequential provisions as appear to the Minister to be necessary or expedient for the purposes of the regulations.

(3) Where the Minister proposes to make regulations under paragraph (c) or (d) of subsection (1) or for the purposes of paragraph 1 (5), or under paragraph 3, of the First Schedule, he or she shall cause a draft of the regulations to be laid before each House of the Oireachtas and the regulations shall not be made until a resolution approving of the draft has been passed by each such House.

(4) Where the Minister proposes to make regulations under subsection (1)(c), he or she shall, before doing so, consult with such other (if any) Minister of the Government as the Minister considers appropriate having regard to the functions of that other Minister of the Government in relation to the proposed regulations.

(5) Regulations prescribing a body, organisation or group (“the body”) for the purposes of paragraph 1(5) of the First Schedule may provide that this Act shall apply to the body only as respects specified functions of the body, and this Act shall apply and have effect in accordance with any such provision.

(6) Every regulation under this Act (other than a regulation referred to in subsection (3)) shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation is passed by either such House within the next 21 days on which that House has sat after the regulation is laid before it, the regulation shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.

4A. F6[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 undersubsection (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.]

4B. F7[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 withparagraph (a)is included in the annual report of the body concerned.]

PART 2 Organs of State

5. Annual report to Houses of Oireachtas.

5. —In each year, beginning with the year following the year in which this Act is commenced, the Minister shall make a report to each House of the Oireachtas on the operation in the preceding year of this Act.

6. Use of official languages in Houses of Oireachtas.

6. —(1) A member of either House of the Oireachtas has the right to use either of the official languages in any debates or other proceedings in that House or of a committee of either House, a joint committee of both Houses or sub-committee of such a committee or joint committee.

(2) A person appearing before either House of the Oireachtas or before such a committee, joint committee or sub-committee as aforesaid has the right to use either of the official languages.

(3) Every official report of the debates and other proceedings of the Houses of the Oireachtas shall be published in each of the official languages, except that contributions (whether oral or in writing) in either of the official languages by persons may be published therein solely in that language.

7. F8[Acts of the Oireachtas.

7.—(1) As soon as may be after the enactment of any Act of the Oireachtas, the text thereof shall be printed and published in each of the official languages simultaneously.

(2)Subsection (1)shall not operate to prohibit the publication on the internet of an Act of the Oireachtas in one official language only prior to its printing and publication in accordance with that subsection.]

8. Administration of justice.

8. —(1) A person may use either of the official languages in, or in any pleading in or document issuing from, any court.

(2) Every court has, in any proceedings before it, the duty to ensure that any person appearing in or giving evidence before it may be heard in the official language of his or her choice, and that in being so heard the person will not be placed at a disadvantage by not being heard in the other official language.

(3) For the purposes of ensuring that no person is placed at a disadvantage as aforesaid, the court may cause such facilities to be made available, as it considers appropriate, for the simultaneous or consecutive interpretation of proceedings from one official language into the other.

(4) Where the State or a public body is a party to civil proceedings before a court—

(a) the State or the public body shall use in the proceedings, the official language chosen by the other party, and

(b) if two or more persons (other than the State or a public body) are party to the proceedings and they fail to choose or agree on the official language to be used in the proceedings, the State or, as appropriate, the public body shall use in the proceedings such official language as appears to it to be reasonable, having regard to the circumstances.

(5) Notwithstanding any other provision of this section, a person shall not be compelled to give evidence in a particular official language in any proceedings.

(6) In choosing to use a particular official language in any proceedings before a court, a person shall not be put by the court or a public body to any inconvenience or expense over and above that which would have been incurred had he or she chosen to use the other official language.

PART 3 Public Bodies

9. Duty of public bodies to use official languages on official stationery, etc.

9. —(1) The Minister may by regulations provide that oral announcements (whether live or recorded) made by a public body, the headings of stationery used by a public body and the contents and the lay-out of any signage F9[…] placed by it shall, to such extent as may be specified, be in the Irish language or in the English and Irish languages and different provisions may be made in relation to different classes of body, oral announcements, F10[stationery or signage] F9[…].

F10[(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.]

F10[(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.]

F11[(4) Where the communication referred to insubsection (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.]

9A. F12[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 undersubsection (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 undersubsection (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 undersections 9B,9Cand9D.

(b) A public body shall have regard to the guidelines, if any, issued underparagraph (a)in complying with its obligations under this section and undersections 9B,9Cand9D.

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

(d) The Minister shall, at such intervals as he or she considers appropriate, revise guidelines issued underparagraph (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.]

9B. F13[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 undersubsection (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 undersubsection (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;