The Supreme Court set aside the High Court judgment and orders in a case about the availability of Irish language versions of legislation and court rules. It declared that court rules, including amendments, forms and indexes, must be made available in Irish to the respondent in his capacity as a solicitor as soon as possible after their publication in English. The Court made no mandamus order and did not require simultaneous publication.
The respondent, a solicitor who said he advised clients wishing to conduct legal business in Irish, argued that the Constitution required official Irish versions of Acts of the Oireachtas, statutory instruments and court rules. He sought simultaneous publication on terms no less advantageous than the English versions. The State appellants disputed a general constitutional duty to translate statutory instruments and opposed a requirement for simultaneous translation.
The High Court had declared that Acts, statutory instruments and court rules had to be translated and made available in Irish on terms no less advantageous than the English versions, simultaneously. It did not grant mandamus. The State appealed. The respondent did not cross-appeal and told the Supreme Court he was not seeking a mandamus order.
The Supreme Court held that Article 25.4.4 of the Constitution requires an official translation of an Act where the President signs the Bill in only one official language, but does not require simultaneous publication. It also rejected a general constitutional duty to translate every statutory instrument. The Court said a particular instrument might need to be available in Irish in an individual case to secure proper access to court, but no such individual litigant was a party to these proceedings.
The Court treated court rules separately. It found no general duty to publish every court rule in Irish for the public simultaneously with its English version. But the respondent’s position as a solicitor serving clients seeking legal services in Irish was distinct: the absence of Irish versions of rules, amendments, forms and indexes could impede his work and his clients’ access to court. The respondent’s written submissions, filed in late 2008, described gaps in Irish versions across the District, Circuit and Superior Court rules. The Court said the State had provided no details in response and concluded that the accepted commitment to provide translations within a reasonable time had not been met.
The Court therefore set aside the High Court judgment and orders and made a narrower declaration concerning court rules and related materials for the respondent as a solicitor. It required them to be made available in Irish as soon as possible after publication in English.