Northern Ireland

Legal action against Belfast City Council’s Irish language strategy widens to ‘systemic challenge’, High Court told

Judicial review is being sought over council’s handling of call-in procedure regarding draft strategy on Irish

Irish language organisations in Belfast came together today, Friday 22nd November 2024, to call on Belfast City Council to adopt progressive Irish language policy, as the Council’s consultation process into the proposed policy draws to a close. As an action to inspire community participation in the consultation process as it draws to a close in the coming days, Fóram na nGael Bhéal Feirste organised a demonstration outside City Hall today, erecting a huge ‘BÉAL FEIRSTE’ sign. For the past 6 months, a large ‘BELFAST’ sign beaconed over the grounds of City Hall, but an Irish language equivalent was nowhere to be seen in the absence of an Irish language policy. As part of today’s demonstration, Irish language organisations submitted submissions to City Hall, commending the progressive foundations of the draft policy and calling on Belfast City Council to adopt and implement that policy, along with a number of additional recommendations which are based on best practice and rights, be implemented. Speaking at the demonstration, Cuisle Nic Liam, member of Fóram na nGael in Belfast said: “Belfast City Council has an amazing opportunity here to take an historic step forward by agreeing a strong Irish language policy in the coming weeks. The draft policy that they have published is to be commended, but we believe it can be strengthened further, specifically in terms of provisions relating to Irish language services, signage and marketing. In the absence of an Irish language policy, we have to fight tooth and nail every time a new Council facility, centre or resource is to open. Irish is very rarely included or considered in the -work of the Council and the burden falls on the Irish language community to make the case to ensure comprehensive Irish language provision is included restrospectively. This policy seeks to address that problem, and in doing so will ensure that the Irish language will be included on signage, in Council facilities throughout the city and that the community will have access to a broad range of information and services in Irish, on the council’s website, social media and other publications. 50 years on from the pioneers of Bóthar Seoighe (Shaw’s Road Gaeltacht) planted the seeds for the modern day revival, it is high time that the Council provide recognition, respect and rights to a language community that is flourishing in its own city." Duirt Ciarán Mac Giolla Bhéin, Comhordaitheoir Pleanála Teanga le Fís an Phobail: “The Irish language has undergone incredible growth and development in Belfast in recent years. Irish Medium Education, adult learners and Irish language community infrastructure all continue to go from strength to strength, as documented by the recent Census language trends. As a community, and as rate-payers, we should be expect the same level of services and recognition from our Local Council, but in addition to that, Belfast City Council should be a champion of their indigenous language community, proud of the vibrancy and diversity that local bilingualism brings to the city. To that end, it is paramount that Belfast City Council leads the way in policy that seeks to protect and promote the Irish language. A strong, rights-based, progressive policy will lead the way for other public authorities and institutions to follow suit, including the cities main Universities, Translink, and others, in the months ahead. Belfast City Council launched their 14 week public consultation on their draft Irish language policy on 22 August 2024 and will be accepting responses and submissions up to 28 November 2024.. PICTURE COLM LENAGHAN
Belfast City Council has adopted a draft Irish language policy PICTURE: COLM LENAGHAN
By Alan Erwin

Legal action over an Irish language strategy for Belfast has widened into a “systemic” challenge against the process for reconsidering key decisions taken by local councils across Northern Ireland, the High Court has heard.

Traditional Unionist Voice (TUV) member Ann McClure is seeking a judicial review of Belfast City Council’s handling of a call-in procedure triggered after it voted to adopt the new blueprint.

Backed by loyalist activist Jamie Bryson, the case involves claims that opposition from 15% of elected representatives could be enough to block controversial decisions based on community impact concerns.

Proceedings were issued after councillors in Belfast approved a draft Irish language policy in October.

The policy aims to promote the use of Irish in public life, with bilingual signage and logos to appear on council facilities, signage and uniforms.

Unionists opposed to the development triggered the call-in mechanism which requires 15% of councillors to request a reconsideration.

The procedure involves seeking legal opinion on any potential community impact.

If those concerns are assessed as being valid, an 80% super-majority may be needed before the original proposal can be successfully passed again.

The draft Irish language policy for Belfast currently remains on hold pending the outcome of that process sometime early next year.

But Ms McClure is pressing ahead with her challenge based on claims the council has wrongly interpreted relevant sections of the Local Government (Northern Ireland) Act 2014.

Her lawyers contend the process is being unlawfully filtered and that a qualified majority is still required – irrespective of legal opinion on the merits of the call-in.

In another development, the case returned to court on Monday after the council voted last month to fly the Palestinian flag at Belfast City Hall.

Unionists again objected and used the call-in procedure to challenge the legitimacy of that decision.

Ms McClure’s barrister, Emma McIlveen, indicated to the court that proceedings have now developed into a wider challenge to the process and rules around the mechanism.

“The issue isn’t about the Irish language or Palestinian flags, it’s about the policy process,” she said.

Denise Kiley KC, for Belfast City Council, argued it would be premature to make any interim orders at this stage in the case.

She confirmed the Irish language policy decision is not due for reconsideration until January.

However, Ms Kiley also accepted: “There is an urgency to this simply because of the potential breadth of the call-in procedure.”

Adjourning the case, Mr Justice McLaughlin stressed that all relevant bodies should be represented.

The judge stated: “This does feel more like a systemic challenge, rather than a challenge to a specific decision.”

Mr Bryson, who attended the hearing, later claimed the council had adopted a different approach to advice from the Department for Communities.

Predicting the case will have ramifications for all local authorities in Northern Ireland, he said: “We say it is unlawful to put in place any filtering process on a call-in.

“Once a call-in is triggered, the decision by default requires a qualified majority to be sustained.”