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Identity and Language (Northern Ireland) Act 2022

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Identity and Language (Northern Ireland) Act 2022
Act of Parliament
Parliament of the United Kingdom
Long titleAn Act to make provision about national and cultural identity and language in Northern Ireland.
Citation2022 c. 45
Introduced byShailesh Vara (Commons)
Lord Caine, Parliamentary Under-Secretary of State for Northern Ireland (Lords)
Territorial extent Northern Ireland
Dates
Royal assent6 December 2022
CommencementSee section 10
Status: Partly in force
History of passage through Parliament
Text of statute as originally enacted

The Identity and Language (Northern Ireland) Act 2022 (c. 45) is an Act of the Parliament of the United Kingdom providing "official recognition of the status of the Irish language" in Northern Ireland, with Ulster Scots being an officially recognised minority language.

The act was first envisioned as an Irish Language Act (Template:Lang-ga) of the Northern Ireland Assembly that would give the Irish language equal status to English in the region, similar to that of the Welsh language in Wales under the Welsh Language Act 1993.[1]

Main provisions

The bill includes the following provisions:[2]

  • Official recognition and protection of the Irish language
  • Development of the Ulster Scots and Ulster British tradition
  • Two commissioners appointed, one for the Irish language and one for the Ulster Scots/Ulster British tradition
  • The creation of an Office of Identity and Cultural Expression
  • £4 million investment in an Irish language investment fund.

The provisions on the Irish language were based on the model of the Welsh Language Act 1993.[3]

Background

The proportion of respondents in the 2011 census aged 3 and above who stated that they can speak Irish.
Further information: Irish language in Northern Ireland

About 184,898 (10.65%) Northern Irish people claim some knowledge of Irish, while about 4,130 (0.2%) speak it as their vernacular.[4]

Before the Act, the status of the Irish language as a minority language was guaranteed by the European Charter for Regional or Minority Languages. This continues to bind the United Kingdom.[5] Since 2008, the Irish republican party Sinn Féin has been advocating that these protections be strengthened by legislation.[6]

Support and opposition

The legislation was supported by An Dream Dearg,[7] Conradh na Gaeilge,[8] POBAL, Sinn Féin, the SDLP, the Alliance Party,[9] and the Green Party.[10] It was opposed by the Democratic Unionist Party and Ulster Unionist Party.[11]

Irish language activist and unionist Linda Ervine stated that she had come to support the legislation after comments by Democratic Unionist Party (DUP) MLA Gregory Campbell mocking the Irish language.[12] She said that the act would have little effect on non-Irish speakers and that some politicians had engaged in "scaremongering". When a draft bill was leaked after talks stalled in 2018, Irish language groups criticised the legislation for not going far enough, specifically in not creating new rights for Irish speakers.[13] Meanwhile, DUP supporters condemned the compromise legislation.[14]

In 2017, pressure group An Dream Dearg organised a rally in favour of the act in Belfast, attracting several thousand supporters.[15] In May 2019, more than 200 prominent Irish people signed an open letter urging Republic of Ireland Taoiseach Leo Varadkar and then-Prime Minister of the UK Theresa May to support the act.[16]

DUP leader Arlene Foster has stated that it would make more sense to pass a Polish Language Act than an Irish Language Act, because more Northern Ireland residents speak Polish than Irish. Her claim has been disputed by fact checkers. Foster also stated that "If you feed a crocodile they're going to keep coming back and looking for more" with regard to Sinn Féin's demands for the act and accused the party of "using the Irish language as a tool to beat Unionism over the head."[17][18]

History

Sinn Féin[19] and POBAL, the Northern Irish association of Irish speakers, pointed out that the British government promised to introduce such an act in the 2006 St Andrews Agreement.[9] Unionists said that they never supported such a commitment.[10] As part of the January 2020 New Decade, New Approach compromise agreement, many of the proposals sought under an Irish Language Act would be implemented by amending existing laws rather than introducing a new standalone law.[20]

Proposed provisions (2014, 2017)

In 2014, legislation sought by Sinn Féin would appoint an Irish language commissioner and designate Gaeltacht areas. It would also provide for the right to use Irish:[9]

In 2017, Conradh na Gaeilge (an all-island non-political social and cultural organisation which promotes the language in Ireland and worldwide) proposed[21] an Act that would provide for

  • the official status of the language
  • Irish in the Assembly
  • Irish in local government
  • Irish and the BBC
  • Irish in the Department of Education;
  • the role of a Language Commissioner
  • placenames.

Other proposals have included replicating the Welsh Language Act 1993 and Gaelic Language (Scotland) Act 2005.[22][23][24]

Role in political deadlock (2017 to 2020)

See also: 2017 Northern Ireland Assembly election

In January 2017, Sinn Féin deputy First Minister Martin McGuinness resigned in protest over the Renewable Heat Incentive scandal,[25] and the party declined to replace him.[26] Due to Northern Ireland's power-sharing system, a government cannot be formed without both parties,[27] and the Stormont Assembly was suspended.[28]

Gerry Adams, then Sinn Féin leader, stated in August 2017 that "There won't be an assembly without an Acht na Gaeilge."[10] According to The Independent in 2019, the Irish Language Act has become the most public issue of disagreement in discussions about restoring Stormont, and it is "almost certainly" required for a deal to be made to end the deadlock.[14]

Compromise (2020 to 2022)

Main article: New Decade, New Approach

On 11 January 2020, Sinn Féin and the DUP re-entered devolved government under the New Decade, New Approach agreement with DUP leader Arlene Foster appointed Northern Ireland's first minister, and Sinn Féin's Michelle O'Neill appointed deputy first minister.[29] In the agreement, there would be no standalone Irish Language Act, but the Northern Ireland Act 1998 would be amended and policies implemented to:

  • grant official status to both the Irish language and Ulster Scots in Northern Ireland;[30]
  • establish the post of Irish Language Commissioner to "recognise, support, protect and enhance the development of the Irish language in Northern Ireland" as part of a new Office of Identity and Cultural Expression (alongside an Ulster Scots/Ulster British Commissioner);[20]
  • introduce sliding-scale "language standards", a similar approach to that taken for the Welsh language in Wales, although they are subject to veto by the First Minister or deputy First Minister;[31]
  • repeal a 1737 ban on the use of Irish in Northern Ireland's courts;[20]
  • allow members of the Northern Ireland Assembly to speak in Irish or Ulster Scots, with simultaneous translation for non-speakers,[32] and
  • establish a central translation unit within the Northern Ireland government.[32]

By 11 January 2021 there was a commitment to the forming an Office of Identity and Cultural Expression but real progress was limited. The Executive Office estimated an allocation of £28m in funds, with potential for increase would be dedicated to the improvement of the status of the Irish language, but there was debate over how the funds would be divided and dispersed.[33]

Debate on the exact language of the act stalled in the assembly throughout 2021, with the 'titles of commissioners' reportedly being a concern.[34] In 2022, with an early election called for that May, it was announced no such legislation would be enacted before the end of the legislative period.[35]

In the Parliament of the United Kingdom (2022)

Ultimately, the legislation was enacted by the Parliament of the United Kingdom. The Identity and Language (Northern Ireland) Bill was introduced in the House of Lords on 25 May 2022 and scrutiny there was concluded on 13 July.[36][37] The Bill received its first reading in the House of Commons the following day and its second reading on 12 October.[38][39] The Bill passed in the House of Commons with its third reading on 26 October. On 6 December, the Act received royal assent, meaning that Irish would become an official language in Northern Ireland once the relevant provisions are brought into force.[40][38][41]

See also

References

  1. ^ Ó Caollaí, Éanna (9 January 2020). "Explainer: Breaking the deadlock over an Irish Language Act". The Irish Times. Archived from the original on 17 May 2021. Retrieved 26 May 2022.
  2. ^ "Irish language and Ulster Scots bill clears final hurdle in Parliament". BBC News. 26 October 2022. Retrieved 27 October 2022.
  3. ^ "Irish becomes official language in Northern Ireland for the first time". Nation.Cymru. 9 December 2022. Retrieved 17 December 2022.
  4. ^ "The role of the Irish language in Northern Ireland's deadlock". The Economist. 12 April 2017. Archived from the original on 15 April 2017. Retrieved 14 April 2017.
  5. ^ Sonnad, Nikhil. "Brexit may threaten the many minority languages of Britain". Quartz. Archived from the original on 21 September 2019. Retrieved 21 September 2019.
  6. ^ "Sinn Féin launches two new Irish language cumainn". An Phoblacht. 13 March 2008. Archived from the original on 23 September 2019. Retrieved 23 September 2019.
  7. ^ Ainsworth, Paul (6 December 2022). "'Historic milestone' passed as Irish language legislation becomes law". The Irish News. Retrieved 18 December 2022.
  8. ^ Manley, John (22 February 2018). "Irish act in draft agreement did not go far enough, groups say". The Irish News. Retrieved 18 December 2022.
  9. ^ a b c Burke, Ceimin (14 February 2018). "Explainer: What is the Irish Language Act and why is it causing political deadlock in Northern Ireland?". The Journal. Archived from the original on 20 September 2019. Retrieved 21 September 2019.
  10. ^ a b c "Adams: 'No assembly without language act'". BBC. 30 August 2017. Archived from the original on 11 June 2019. Retrieved 21 September 2019.
  11. ^ Meredith, Robbie (15 March 2019). "Language laws 'strengthen not threaten'". BBC. Archived from the original on 2 October 2019. Retrieved 21 September 2019.
  12. ^ "Linda Ervine: 'Curry my yoghurt' pushed me towards Irish act". Belfast News Letter. 4 July 2017. Archived from the original on 23 September 2019. Retrieved 23 September 2019.
  13. ^ Manley, John (22 February 2018). "Irish act in draft agreement did not go far enough, groups say". Irish News. Archived from the original on 22 February 2018. Retrieved 22 September 2019.
  14. ^ a b Kelly, Ben (30 April 2019). "Why is there no government in Northern Ireland?". The Independent. Archived from the original on 12 November 2019. Retrieved 23 September 2019.
  15. ^ Ferguson, Amanda (20 May 2017). "Thousands call for Irish Language Act during Belfast rally". The Irish Times. Archived from the original on 15 November 2017. Retrieved 22 September 2019.
  16. ^ Moriarty, Gerry; Caollaí, Éanna Ó. "Varadkar and May urged to implement Irish language act in North". The Irish Times. Archived from the original on 7 November 2020. Retrieved 22 September 2019.
  17. ^ MacGuill, Dan. "FactCheck: Are there really more Polish speakers than Irish speakers in Northern Ireland?". The Journal. Archived from the original on 20 September 2019. Retrieved 22 September 2019.
  18. ^ "Arlene Foster regrets Sinn Féin 'crocodiles' comment". The Irish Times. 9 March 2017. Archived from the original on 31 October 2020. Retrieved 23 September 2019.
  19. ^ McCorley, Rosie. "95% of people support Acht na Gaeilge". Sinn Féin. Archived from the original on 21 September 2019. Retrieved 21 September 2019.
  20. ^ a b c Meredith, Robbie (10 January 2020). "NI experts examine the detail of deal: Language". BBC News. British Broadcasting Corporation. Archived from the original on 2 June 2020. Retrieved 26 June 2020.
  21. ^ "Irish-Language Act". Conradh na Gaeilge. 23 May 2017. Archived from the original on 28 October 2018. Retrieved 4 January 2020.
  22. ^ "Thousands to march in Belfast calling for Irish language legislation on model of Welsh Language Act". Nation.Cymru. 21 May 2022. Retrieved 27 October 2022.
  23. ^ "'It can't be sidelined': bill aims to give Irish official status in Northern Ireland". the Guardian. 25 May 2022. Retrieved 27 October 2022.
  24. ^ McCartney, Blaine. "The Irish language Act: What to expect?". Slugger O'Toole. Retrieved 27 October 2022.
  25. ^ Henry McDonald (10 January 2017). "Martin McGuinness resigns as deputy first minister of Northern Ireland". The Guardian. London, England. Archived from the original on 21 September 2019. Retrieved 23 October 2019.
  26. ^ McDonald, Henry; Walker, Peter (16 January 2017). "Sinn Féin refusal to replace McGuinness set to trigger Northern Ireland elections". The Guardian. Archived from the original on 21 September 2019. Retrieved 21 September 2019.
  27. ^ "Power-sharing". Northern Ireland Assembly Education Service. Archived from the original on 27 May 2017. Retrieved 21 September 2019.
  28. ^ Bradfield, Philip (22 September 2018). "Linda Ervine: Stormont should not have stopped for Irish Act". News Letter. Belfast, Northern Ireland. Archived from the original on 26 May 2022. Retrieved 4 October 2019.
  29. ^ "Stormont deal: Arlene Foster and Michelle O'Neill new top NI ministers". BBC News. BBC News. 11 January 2020. Archived from the original on 13 January 2020. Retrieved 11 January 2020.
  30. ^ "What's in the draft Stormont deal?". BBC News. British Broadcasting Corporation. 10 January 2020. Archived from the original on 22 July 2020. Retrieved 26 June 2020.
  31. ^ Walsh, Dr John (15 January 2020). "What's the real deal with Stormont's Irish language proposals?". RTE. Archived from the original on 29 June 2020. Retrieved 26 June 2020.
  32. ^ a b Hughes, Brendan (11 January 2020). "How the Stormont deal tackles language and identity issues". The Irish News. Archived from the original on 31 May 2021. Retrieved 26 June 2020.
  33. ^ "Stormont deal: One year on, what's changed?". BBC News. 11 January 2021. Archived from the original on 7 May 2022. Retrieved 26 May 2022.
  34. ^ "Irish language proposals 'not comprehensive enough'". BBC News. 2 April 2021. Archived from the original on 13 July 2021. Retrieved 26 May 2022.
  35. ^ "No Irish language legislation before assembly election". BBC News. 28 March 2022. Archived from the original on 25 May 2022. Retrieved 8 May 2022.
  36. ^ Kearney, Vincent (25 May 2022). "First step to protect Irish language taken by UK govt". RTÉ.
  37. ^ "Lords concludes scrutiny of Identity and Language (Northern Ireland) Bill". UK Parliament. 14 July 2022.
  38. ^ a b "Identity and Language (Northern Ireland) Act 2022 Stages - Parliamentary Bills - UK Parliament".
  39. ^ "Irish language and Ulster Scots legislation passes next step in House of Commons – despite unionist opposition". Belfast Telegraph. ISSN 0307-1235. Retrieved 27 October 2022.
  40. ^ Ainsworth, Paul (6 December 2022). "'Historic milestone' passed as Irish language legislation becomes law". The Irish News. Retrieved 7 December 2022.
  41. ^ "Language and identity laws could spell significant change". 11 December 2022 – via www.bbc.com.
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