A Supreme Court judge has ruled that the State had failed in its constitutional duty to provide official Irish translations of legislation, but rejected an attempt to halt a road traffic prosecution until an Irish version of the District Court Rules became available.
Séamus Ó Beoláin, an Irish speaker, had appeared in the District Court in September 1997 on road traffic charges. He told the court that he wished to conduct his defence in Irish and sought Irish-language versions of the Road Traffic Acts 1994 and 1995 and the District Court Rules 1997.
The Acts and rules were not then available officially in Irish. His District Court case was repeatedly adjourned while efforts were made to obtain translations and ensure an Irish-speaking judge would be available.
Mr Ó Beoláin then brought judicial review proceedings seeking to prevent his prosecution until official translations were supplied and declarations establishing the State’s constitutional obligations. The High Court refused the relief, although it accepted that the State had a duty to provide an Irish translation of the District Court Rules within a reasonable period.
On appeal, Ms Justice McGuinness criticised the State’s longstanding failure to provide translations of Acts. Article 25.4.4 of the Constitution requires an official translation into the other official language where the President signs a Bill in one language only. The required translations of the two Road Traffic Acts had eventually been supplied, but she granted a declaration concerning the State’s continuing constitutional duty.
She also considered the District Court Rules different from ordinary statutory instruments because court rules directly affect a citizen’s ability to use the courts. She would therefore grant a declaration requiring an official Irish translation of the 1997 Rules.
However, she would not stop Mr Ó Beoláin’s prosecution. He had received relevant documents and statutes in Irish, could deal with Gardaí in Irish and was expected to have access to an Irish-speaking judge or interpreter. The missing Rules might cause difficulty, but did not amount to a real risk of an unfair trial.