The Official Languages Act 2003

• Author: Caren Bohane
• Pages: 85-92

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The Official Languages Act 2003

By Caren Bohane

Article 81 of the Constitution proudly proclaims the Irish language as the

national and first official language of the State, recognizing English only as a second

official language. However, despite the constitutional primacy accorded the Irish

language, there is in reality a major imbalance in the level of services available

through Irish when contrasted with those available through English. Service provision

is heavily skewed in favour of English, the second official language. Thus, “[a]rticle 8

provides status without substance. It provides a symbolic support that is the natural

enemy of realism… there is no doubt but that Irish speakers themselves have found

themselves paralysed by the double bind of constitutional rhetoric (you are free to

speak the nation’s first, official language) and lingustic reality (you are able only in

the most restricted circumstances to speak the nation’s first, official language.”2 The

Constitutional Review Group “considers that there is an implicit right to conduct

official business in either official language and that the implementation of this right is

a matter for legislation and/or administrative measures rather than the constitutional

provision.”3 The Official Languages Act 2003 “marks the first real attempt to

translate constitutional ideals into a workable legislative reality.”4 The objective of

the Act is “(1) to endeavour to rectify the imbalance that exists in terms of the

provision of State services to Irish speakers, and (2) to underpin the policy of

Bilingualism in the State and to support the implementation of that policy by

imposing on public sector entities the obligation to provide a quality service to those

seeking to transact business with the State through either of the official languages.”5

Background to the Act.

1 “ 8(1) The Irish Language as the national language is the first official language.

(2) The English Language is recognised as a second official language. (3) P rovision may, however

be made by law for the exclusive use of either of the said languages for an y one or more official

purposes, either throughout the State or in any part thereof.”

2 Michael Cronin, ‘This Side of Paradise pg 265 at 273 of Irelands Evolving Constitution

3 Report of the Constitutional Review Group 1996 pg 15.

4 Niamh Nic Shuibhne , ‘Eighty Years A Growing – The Official Languages Equalit y Bill 2002’, I.L.T.

August 2002 Vol. 20 No. 13 at 198.

5 As stated by Oifig an Aire Ealaíon, Oidhreachta, Gaeltachta agus Oiléan in Sum mary of

Memorandum for Government, Official Languages Equality Bill, 14 Iúil 2000.