Official Languages (Amendment) Act 2021

1. Definition

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

2. 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;”.

3. 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.”.

4. 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.”.

5. 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.”.

6. 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.”.

7. 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.”.

8. 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