Gaeltacht Act 2012

PART 1 Preliminary and General

1. Short title and commencement.

1.— (1) This Act may be cited as the Gaeltacht Act 2012.

(2) This Act, other than Parts 3and4, comes into operation on such day or days as the Minister 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.

2. Definition.

2.— In this Act “Minister” means the Minister for Arts, Heritage and the Gaeltacht.

3. Regulations.

3.— (1) The Minister may make regulations, having regard to available resources and after consultation with such Ministers of the Government as the Minister considers appropriate, prescribing any matter or thing which is referred to in this Act as prescribed or to be prescribed or for the purpose of enabling any provision of this Act to have full effect.

(2) An order or regulation 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 order or regulation, as the case may be.

(3) Every order (other than an order under section 1 (2)) or regulation under this Act 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 or regulation is passed by either such House within the next 21 days on which that House has sat after the order or regulation is laid before it, the order or regulation shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.

4. Expenses.

4.— The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Public Expenditure and Reform, be paid out of moneys provided by the Oireachtas.

5. Repeals and revocations.

5.— (1) Each Act specified in column (2) of Part 1 of the Schedule is repealed to the extent specified in column (3).

(2) Each statutory instrument specified in column (2) of Part 2 of the Schedule is revoked.

PART 2 Language Planning

6. Definitions (Part 2).

6.— In this Part—

“Gaeltacht area” means an area that was before the passing of this Act determined to be a Gaeltacht area by order made under section 2 of the Ministers and Secretaries (Amendment) Act 1956 and continued to be such an area by section 7 (1);

“Gaeltacht Language Planning Area” means an area designated by order under section 7 (2)to be a Gaeltacht Language Planning Area;

“Gaeltacht Service Town” means a town designated by order under section 9 (1)to be a Gaeltacht Service Town;

“Irish Language Network” means a community designated by order under section 11 (1)to be an Irish Language Network;

“organisation” means a body corporate (whether a corporation aggregate or a corporation sole) or an unincorporated body of persons;

“prescribed” means prescribed by regulations made by the Minister under section 3; and

“town” means a place the population of which, as ascertained by the census of population which for the time being is the last published census of population, exceeds 1,000.

7. Gaeltacht Language Planning Areas.

7.— (1) An area that was, before the commencement of this section, determined by order made under section 2 of the Ministers and Secretaries (Amendment) Act 1956 to be a Gaeltacht area shall, notwithstanding the repeal of that section by section 5(1), continue to be a Gaeltacht area.

(2) The Minister may, by order, designate, by reference to electoral divisions, a specified area comprised of—

(a) a Gaeltacht area,

(b) a part of a Gaeltacht area,

(c) more than one Gaeltacht area,

(d) parts of more than one Gaeltacht area, or

(e) an area, or part of an area, the subject of an order under subsections (5), (10)(b) or (13)(b),

to be a Gaeltacht Language Planning Area in accordance with this section.

(3) The Minister shall publish, in such form and manner as the Minister considers appropriate, notice of the Minister’s intention to designate an area by order under subsection (2), and shall include in the notice—

(a) particulars of one or more than one electoral division or part of an electoral division which is or are included in the Gaeltacht area concerned and which the Minister intends to designate by order made under subsection (2),

(b) the period within which applications under subsection (4) may be made,

(c) the period within which a plan referred to in subsection (7) is to be prepared and submitted to the Minister,

(d) any other information that the Minister considers necessary for the purposes of this section.

(4) An organisation based in or adjacent to one of the Gaeltacht areas concerned may apply to Údarás na Gaeltachta to be an organisation selected under subsection (6).

(5) Where no organisation applies under subsection (4), the Minister may make an order declaring that the area concerned, the subject of a notice under subsection (3), is no longer a Gaeltacht area and the date after which it shall not be a Gaeltacht area.

(6) Údarás na Gaeltachta shall select, in relation to an area the subject of a notice under subsection (3), an organisation that has applied under subsection (4) and that, in the opinion of Údarás na Gaeltachta, is the organisation that is the most capable of preparing a plan the purpose of which is to provide for and encourage the increased use of the Irish language in the family, educational, public, social, recreational and commercial life of the area concerned (in this section referred to as an “Irish language plan”), in accordance with prescribed language planning criteria, and when it has done so, it shall notify that organisation in writing of the selection.

(7) The organisation concerned shall prepare an Irish language plan in respect of the area concerned and shall, within the period specified in the notice published under subsection (3), submit the plan to the Minister for approval.

(8) Údarás na Gaeltachta shall assist the organisation concerned in respect of the preparation of the Irish language plan concerned.

(9) The Minister may, where the Minister considers it appropriate to do so, extend the period specified in the notice published under subsection (3), within which the Irish language plan concerned shall be submitted.

(10) Where the organisation selected under subsection (6) does not submit the Irish language plan concerned to the Minister within the period specified in the notice published under subsection (3), or any extension of that period under subsection (9),and the Minister is of the opinion that there is no reasonable prospect that the organisation can submit such a plan within a reasonable time, the Minister may—

(a) request Údarás na Gaeltachta to select another organisation that made an application under subsection (4) to prepare and submit the Irish language plan concerned during the period specified by the Minister in the notice published under subsection (3) or any extension of that period under subsection (9), or

(b) if no such organisation has applied to prepare that Irish language plan, by order declare that the area concerned, the subject of a notice published under subsection (3), is no longer a Gaeltacht area and the date after which it shall not be a Gaeltacht area.

(11) Where the Minister, having regard to prescribed language planning criteria, approves of the Irish language plan submitted to him or her, the Minister shall make an order under subsection (2) in relation to the area concerned.

(12) Where the Minister, having regard to prescribed language planning criteria, does not approve of an Irish language plan submitted to him or her, the Minister may specify a period within which the organisation concerned shall amend and re-submit the Irish language plan.

(13) Where the Minister, having regard to prescribed language planning criteria, does not approve of an Irish language plan submitted to him or her, and the Minister is of the opinion that there is no reasonable prospect that the organisation concerned can submit a plan which meets the requirements of subsection (6), within a reasonable time, the Minister may—

(a) request Údarás na Gaeltachta to select another organisation that has applied for selection under subsection (4) to prepare and submit the Irish language plan concerned during the period specified in the notice published under subsection (3) or any extension of the period under subsection (9), or

(b) if no such organisation has applied to prepare that Irish language plan, by order declare that the area concerned, the subject of a notice published under subsection (3), is no longer a Gaeltacht area and the date after which it shall not be a Gaeltacht area.

(14) Where the Minister extends a period under subsection (9) or (12), the provisions of this section apply, with the necessary modifications, to the extended period.

(15) Where an organisation is selected by Údarás na Gaeltachta following a request to it under subsection 10(a) or (13)(a), the provisions of this section apply, with the necessary modifications, in relation to that organisation.

(16) An order under subsection (5), (10)(b) or (13)(b) shall not prevent the Minister from exercising his or her powers under this section.

8. Implementation of Irish language plans in Gaeltacht Language Planning Areas.

8.— (1) Where the Minister by order under section 7(2) designates an area to be a Gaeltacht Language Planning Area, the organisation selected under section 7(6), (10)(a) or (13)(a) shall be responsible for the implementation of the approved Irish language plan for the area so designated.

(2) Údarás na Gaeltachta shall assist the organisation concerned in respect of the implementation of the Irish language plan concerned.

(3) The Minister shall review the progress made in respect of the implementation of the Irish language plan approved of under section 7(11) at such intervals as appear to the Minister to be necessary or appropriate for the implementation of the plan concerned.

(4) Where following a review under subsection (3), the Minister considers, after consultation with Údarás na Gaeltachta, that the plan concerned is not being implemented or is being implemented inadequately, the Minister shall by notice in writing inform the organisation concerned of—

(a) the deficiencies identified by the Minister in the implementation of the plan, and

(b) the period within which the deficiencies shall be remedied.

(5) The Minister may, where the Minister considers it appropriate to do so, extend the period within which the deficiencies referred to in the notice under subsection (4) shall be remedied.

(6) Where the Minister has sent a notice under subsection (4), the Minister shall review the progress made in the remedying of the deficiencies referred to in paragraph (a) of that subsection at the end of the period referred to in paragraph (b) of that subsection or any extension of that period under subsection (5).

(7) Where the Minister, after consultation with Údarás na Gaeltachta, considers that there is no reasonable prospect that the Irish language plan concerned will be implemented or implemented adequately, the Minister may by order revoke the designation under section 7(2) of the area concerned with effect from the date specified in the order.

(8) An order under subsection (7) shall not prevent the Minister from exercising his or her powers under section 7 in respect of the area concerned or any part of that area.

9. Gaeltacht Service Towns.

9.— (1) The Minister may, by order, designate a specified town to be a Gaeltacht Service Town in accordance with this section, where the town concerned is situated in or adjacent to a Gaeltacht Language Planning Area if there are available in that town—

(a) public services for the Gaeltacht Language Planning Area, and

(b) social, recreational and commercial facilities that are of benefit to the Gaeltacht Language Planning Area.

(2) The Minister shall publish, in such form and manner as the Minister considers appropriate, notice of the Minister’s intention to designate a town to be a Gaeltacht Service Town and shall include in the notice—

(a) the period within which an Irish language plan referred to in subsection (7) is to be prepared and submitted to the Minister, and

(b) any other information the Minister considers necessary for the purposes of this section.

(3) An organisation based in the town concerned may apply to Údarás na Gaeltachta or Foras na Gaeilge, as may be appropriate, to be an organisation selected under subsection (5)or (6).

(4) Where no organisation applies under subsection (3),the Minister may publish another notice under subsection (2) in relation to the town concerned.

(5) Údarás na Gaeltachta shall select, where the town concerned is situated in a Gaeltacht Language Planning Area and is the subject of a notice under subsection (2), an organisation that has applied under subsection (3) and that, in the opinion of Údarás na Gaeltachta, is the organisation that is the most capable of preparing a plan the purpose of which is to provide for and encourage the increased use of the Irish language in the family, educational, public, social, recreational and commercial life of the town concerned (in this section referred to as an “Irish language plan”), in accordance with prescribed language planning criteria, and when it has done so, it shall notify that organisation in writing of the selection.

(6) Foras na Gaeilge shall select, where the town concerned is situated otherwise than in a Gaeltacht Language Planning Area and is the subject of a notice under subsection (2), an organisation that has applied under subsection (3) and that, in the opinion of Foras na Gaeilge, is the organisation that is the most capable of preparing an Irish language plan, in accordance with prescribed language planning criteria, and when it has done so, it shall notify that organisation in writing of the selection.

(7) The organisation concerned shall prepare an Irish language plan in respect of the town concerned and shall submit the plan to the Minister for approval.

(8) Údarás na Gaeltachta or Foras na Gaeilge, as may be appropriate, shall assist the organisation concerned with respect to the preparation of the Irish language plan concerned.

(9) The Minister may, where the Minister considers it appropriate to do so, extend the period specified in the notice published under subsection (2) within which the Irish language plan concerned shall be submitted.

(10) Where the organisation selected under subsection (5) or (6) does not submit the Irish language plan concerned to the Minister within the period referred to in the notice published under subsection (2), or any extension of that period under subsection (9), and the Minister is of the opinion that there is no reasonable prospect that the organisation can submit such a plan within a reasonable time, the Minister may—

(a) request Údarás na Gaeltachta or Foras na Gaeilge, as may be appropriate, to select another organisation that made an application under subsection (3) to prepare and submit the Irish language plan concerned during the period specified in the notice published under subsection (2), or any extension of that period under subsection (9), and to notify that organisation in writing of the selection, or

(b) publish another notice under subsection (2) in relation to the town concerned.

(11) Where the Minister, having regard to prescribed language planning criteria, approves of the Irish language plan submitted to him or her, the Minister shall make an order under subsection (1) in relation to the town concerned.

(12) Where the Minister, having regard to prescribed language planning criteria, does not approve of an Irish language plan submitted to him or her, the Minister may extend the period concerned to permit the organisation concerned to amend and re-submit the Irish language plan.

(13) Where the Minister, having regard to prescribed language planning criteria, does not approve of an Irish language plan submitted to him or her, and the Minister is of the opinion that there is no reasonable prospect that the organisation can submit such a plan within a reasonable time, the Minister may—

(a) request Údarás na Gaeltachta or Foras na Gaeilge, as may be appropriate, to invite another organisation which has applied for selection under subsection (3) to prepare and submit the Irish language plan concerned during the period specified in the notice published under subsection (2) and to notify that organisation in writing of the selection, or

(b) publish another notice under subsection (2) in relation to the town concerned.

(14) Where the Minister extends a period under subsection (9) or (12), the provisions of this section apply, with the necessary modifications, to the extended period.

(15) Where Údarás na Gaeltachta or Foras na Gaeilge selects an organisation following a request to it under subsection (10)(a) or (13)(a), the provisions of this section apply, with the necessary modifications, in relation to that organisation.

10. Implementation of Irish language plans in Gaeltacht Service Towns.

10.— (1) Where the Minister by order undersection 9(1) designates a town to be a Gaeltacht Service Town, the organisation selected under section 9(5), (6), (10)(a) or (13)(a) shall be responsible for the implementation of the Irish language plan after it has been approved by the Minister under section 9(11).

(2) The organisation concerned shall be assisted, in respect of the implementation of the Irish language plan concerned—

(a) where the town concerned is situated in a Gaeltacht Language Planning Area or a Gaeltacht area, by Údarás na Gaeltachta, or

(b) where the town is otherwise situated, by Foras na Gaeilge.

(3) The Minister shall review the progress made in respect of the implementation of the Irish language plan approved of under section 9(11) at such intervals as appear to the Minister to be necessary or appropriate for the implementation of the plan concerned.