O Beol in v Fahy

• Jurisdiction: Ireland
• Court: Supreme Court
• Judge: McGuinness J.,Hardiman J.,Mr. Justice Geoghegan,BreitheamhMcGuinness,Hardiman B,,Bhreitheamh Geoghegan
• Judgment Date: 04 April 2001
• Neutral Citation: [2001] IESC 37
• Docket Number: [Uimh. C.Uach. 230 de 1999]
• Date: 04 April 2001

O BEOLAIN v. FAHY & ORS

(JUDICIAL REVIEW)

BETWEEN

SEAMUS O BEOLÁIN

APPLICANT/APPELLANT

AND

DISTRICT JUDGE MARY FAHY, THE DIRECTOR OF PUBLICPROSECUTIONS, THE MINISTER FOR JUSTICE EQUALITY AND LAW REFORM. IRELANDAND THE ATTORNEY GENERAL

RESPONDENTS

[2001] IESC 37

McGuinness, J.

Hardiman, J.

Geoghegan, J.

100/98JR

THE SUPREME COURT

Synopsis:

Constitutional Law

Constitutional; judicial review; applicant charged with drunk driving; applicant seeks declaration that Minister for Justice and Attorney General, the third and fourth named respondents, have obligation to supply official translation of District Court Rules 1997 into Irish; Applicant also seeks declaration that third and fourth named respondent have constitutional duty to make available official translation of Acts of Oireachtas in Irish and order of prohibition preventing prosecution proceeding until such translation made available; High Court had held that State obliged to make official translation available within a reasonable time; High Court had held that no violation of constitutional rights had occurred as a reasonable period had not yet elapsed; whether natural justice required that rules of court be available in Irish; whether due administration of justice takes precedence over an alleged constitutional right to procure an Irish translation of a statutory instrument where person seeking it is proficient in English; whether constitutional obligation to provide an official translation of Acts/Bills of the Oireachtas gives rise to corresponding constitutional right vested in individual; Article 8 of the Constitution.

Held: Order of prohibition refused; right to fair trial not affected by lack of Irish version of District Court rules; declaration granted that third and fourth named respondents had constitutional duty to make available official translation of Acts of Oireachtas; declaration granted that third and fourth named respondents had constitutional duty to provide official translation of District Court Rules, 1997.

O Beolain v. Fahy - Supreme Court: McGuinness J., Hardiman J., Geoghegan J . - 04/04/2001 - [2001] 2 IR 279

Citations:

ROAD TRAFFIC ACT 1961 S49(3)

ROAD TRAFFIC ACT 1961 S49(6)(a)

ROAD TRAFFIC ACT 1994 S10

ROAD TRAFFIC ACT 1995

DSC 1997 SI 93/1997

DELAP V MIN FOR JUSTICE 1980–1998 IR (SR) 46

NI CHEALLAIGH V AN TAIRE COMHSHAOIL 1980–1998 IR (SR) 122

CONSTITUTION ART 25

CONSTITUTION ART 8

O MONACHAIN V AN TAOISEACH 1986 ILRM 660

CONSTITUTION ART 25.4.4

PEOPLE V O'SHEA 1982 IR 384

DCR 1948

EUROPEAN CONVENTION ON HUMAN RIGHTS & FUNDAMENTAL FREEDOMS ART 6

MACFHEARRAIGH, STAT V AN BREITHEAMH DUICHE NEILAN 1980–1998 IR (SR) 38

O MURCHU V CLARAITHEOIR NA GCUIDEACHTAI 1980–1998 IR (SR) 42

STANDING ORDERS OF DAIL EIREANN ORDER 17(3)

COURTS SERVICE ACT 1998 S7

D V DPP 1994 2 IR 465

CONSTITUTION SAORSTAT EIREANN ART 4

CONSTITUTION ART 8

KHON THE CONSTITUTION OF THE IRISH FREE STATE 1932 123

CONSTITUTION ART 20

CONSTITUTION ART 25.4.3

O FOGHLUDHA V MCCLEAN 1934 IR 469

DAIL DEBATES 25.5.1937 COLUMN 987

GROENER V MIN FOR EDUCATION 1990 ILRM 335

TREATY OF ROME ART 177

CONSTITUTION ART 8.3

CONSTITUTION ART 34

CONSTITUTION ART 6

MACFHEARRAIGH, STAT V MACGAMHNIA 1980–1998 IR (SR) 99

AG V COYNE & WALLACE 1967 101 ILTR 17

THE LEGAL PRACTITIONER (QUALIFICATION) ACT 1929

THE IRISH LEGAL TERMS ACT 1945 S7

RSC O.120

ROAD TRAFFIC ACT 1961 S107(1)

ROAD TRAFFIC ACT S107(4)

RSC O.17

CONSTITUTION ART 15.10

CONSTITUTION ART 8.1

CONSTITUTION ART 8.2

KELLY ON THE IRISH CONSTITUTION 3ED 59

1 McGuinness J.delivered the 4th day of April 2001

2 This an appeal from the judgment and order of the High Court (Laffoy J.) whereby the learned judge refused the application of the Applicant/Appellant for Orders of Prohibition and Declaratory Orders by way of judicial review. I have had the advantage of reading the judgments of both Hardiman J. and Geoghegan J. prior to writing thisjudgment.

Background

3 The facts of the matter and the history of the proceedings are comprehensively set out in the judgment of Hardiman J. and it is unnecessary for me to repeat them in detail here.

4 In summary, the Applicant/Appellant appeared before the District Court on the 18th September 1997 charged with offences contrary to Section 49(3) and (6)(a) of the Road Traffic Act 1961as inserted by Section 10 of the Road Traffic Act 1994. The Applicant, anIrish speaker who had been served with a summons in the Irish language and had dealt with the Gardai in regard to the matter in the Irish language throughout, informed the Court that he wished to conduct his defence in Irish and that he wished the relevant documents be served on him in Irish. In particular he sought Irish versions of the Road Traffic Act 1994, of the Road Traffic Act 1995, and of the Rules of the District Court 1997. Neither the two Acts of the Oireachtas nor the Rules were available in the Irish language.

5 As a result the proceedings in the District Court were adjourned from time to time, both to allow the State authorities to produce the documents and in order to ensure that an Irish speaking judge would be available to hear the case. The matter was listed before the first named Respondent on 13th February 1998. By that time the Applicant had been provided with a "draft" or unofficial translation of the Road Traffic Acts 1994and 1995, but no translation of the Rules of the District Court had beenproduced.

6 On 13th February 1998 the Applicant through his Counsel applied to the first named Respondent to make an order directing the second named Respondent to produce the relevant materials. This application was refused by the learned District Judge.

7 The Applicants then issued the present judicial review proceedings. On 19th March 1998 the Applicant was granted leave by the High Court (Smyth J.) to issue judicial review proceedings seeking the followingreliefs:

8 (a) An Order of Prohibition prohibiting the first and second named Respondents in these proceedings from continuing, hearing or giving judgment in the proceedings No. 03942296 until an official translation of the Road Traffic Act 1994and the Road Traffic Act 1995had been made available to the Applicant

9 (b) An Order of Prohibition prohibiting the first and second named Respondents in these proceedings from continuing, hearing or giving judgment in the matter No. 03942297 until an official translation of the Rules of the District Court (Statutory Instrument No. 93/1997) has been made available to the Applicant.

10 (c) A declaration that the third and fourth named Respondents in these proceedings have a constitutional duty to make available an official translation of the Road Traffic Act 1994in the first official language to the public in general, including theApplicant.

11 (d) A declaration that the third and fourth named Respondents in these proceedings have a constitutional duty to make available an official translation of the Road Traffic Act 1995in the first official language to the public in general including theApplicant.

12 (e) A declaration that the third and fourth named Respondents in these proceedings have a constitutional duty to make available an official translation of the Acts of the Oireachtas in the first official language to the public in general when the President signs the text of a Bill in the second official language and

13 (f) A declaration that the third and fourth named Respondents in these proceedings have a constitutional duty to provide an official translation of Statutory Instrument No. 93/1997 available to the public at large including the Applicant."

14 The grounding affidavits filed in the proceedings demonstrate the efforts made by the Applicant's solicitor to obtain the requested documents in the Irish language, together with the responses received from the various agencies of the State. It is clear from the correspondence exhibited that the practice of automatically providing an official Irish translation of all Acts of the Oireachtas ceased in or about 1980. The 1980 volume of the Statutes is the last to be published in both Irish and English. The present practice appears to be governed by a circular dated 23rd February 1998 which is referred to by the Applicant's solicitor in his affidavit sworn the 18th day of March 1999. The circular was sent by the principal translator of Rannóg anAistriúcháin of the Houses of the Oireachtas to all Government Departments. The purport of the circular is that due to shortage of staff and pressure of work no Statutory Instruments will be translated into Irish unless a specific certificate signed by an officer not lower in rank than an Assistant Secretary is provided stating that there is a grave need or true urgency for an Irish translation of the specific Statutory Instrument. This circular was not exhibited with the affidavit but in argument before this Court it was not denied that this was in fact the state of affairs. No evidence was produced either before the High Court or this Court to suggest that any such certificate had as yet issued in respect of the Rules of the District Court 1997. In a replying affidavit on behalf of the Respondents Superintendent William Collins of the Traffic Department, Dublin Castle, avers that he is advised by Tony Fagan of the Office of the Chief State Solicitor

"that he had made enquiries as to when an official translation will be available of the District Court Rules 1997. I am informed by him that his researches to date indicate that it is the intention of the Department of Justice, Equality and Law Reform to provide such a translation however there is at present no date fixed for the production of same. I understand that there is a considerable body of both primarylegislation and Statutory Instruments which has not yet been translated. I am advised that it is the intention of the Secretariat of the Houses of the Oireachtas and indeed the...