High Court judge says Gordon Lyons’ lack of response to Irish Language Strategy ‘irrational’ and ‘unlawful’

The Stormont Executive remains in collective breach of a clear legal obligation to implement an Irish language strategy, a High Court judge has ruled.

Mr Justice McAlinden made the third declaration of its kind against the power-sharing administration but declined to issue an order compelling it to deliver a blueprint.

He also identified illegality and irrationality in an alleged failure by Communities Minister Gordon Lyons to respond during a cross-departmental process.

However, a spokesperson for the Department said later there had been an “oversight” in not providing evidence of the steps taken by Mr Lyons before the judgment was delivered.

The outcome was reached in campaign group Conradh na Gaeilge’s latest challenge to the ongoing delay in adopting an Irish language strategy.

Two courts have previously declared Stormont is in breach of a legal duty to ensure an initiative which dates back to the 2006 St Andrews Agreement.

Based on the continued alleged violation, Conradh na Gaeilge brought further judicial review proceedings against both the Executive and the Department for Communities (DfC).

The language campaigner claimed an unjustified failure to act, and that Mr Lyons has unlawfully “thwarted” any implementation.

It was confirmed in court that a strategy will not be in place before the current Assembly’s regime ends in May 2027.

A director within the DfC with responsibility for developing the language blueprint also gave evidence during a protracted hearing which involved an examination of around 3,800 pages of documentation. In his judgment, Mr Justice McAlinden rejected any suggestion of officials dragging their heels or deliberately going slow as “completely groundless”.

He said: “Minister Lyons MLA may not have any great enthusiasm for the promotion of the Irish language but it is clear that… DfC teams involved in this project are doing and have done their very best to progress the development of the Irish Language Strategy.”

The judge commended the “tireless and diligent” work of a DfC director and his colleagues to finalise a draft initiative.

Efforts have been made to get the project over the line by “a robust design methodology which has a realistic chance of bearing fruit, even in the most difficult of circumstances”.

However, he held there is still an ongoing failure to meet a legislative obligation imposed under the Northern Ireland Act 1998.

“This Executive Committee has not complied with that duty from early February 2024, the applicant is entitled to a declaration that this duty remains unfulfilled and that the Executive Committee collectively are in breach of a lawful requirement clearly set out in section 28D of (the Act),” Mr Justice McAlinden ruled.

Conradh na Gaeilge had also sought an order of mandamus to be made against the power-sharing administration, arguing that anything less would simply be “howling at the moon”. Resisting that application, the judge cited attempts by DfC officials and a cross-departmental working group to progress the development and finalisation of a strategy.

He went on to find that Mr Lyons failed to provide a proper response to his own department’s requests to approve submissions about its responsibilities and actions before the hearing ended in June.

“No explanation whatsoever was offered for this. No affidavit was forthcoming from Minister Lyons MLA,” Mr Justice McAlinden held.

“I judge this unexplained lack of response to be irrational in the sense that no reasonable minister would behave in such a manner and I regard this failure to respond in any way, shape or form to be unlawful and I consider that it is clearly appropriate that a declaration should issue highlighting this illegality and irrationality.”

It is understood, however, that a further judgment will now be delivered based on newly provided information. A DfC spokesperson said in a statement: “We note the overall conclusions of the judgment and subsequent confirmation that there will be no mandatory or declaratory order made against the Communities Minister.”

Resisting that application, the judge cited attempts by DfC officials and a cross-departmental working group to progress the development and finalisation of a strategy.

He went on to find that Mr Lyons failed to provide a proper response to his own department’s requests to approve submissions about its responsibilities and actions before the hearing ended in June.

“No explanation whatsoever was offered for this. No affidavit was forthcoming from Minister Lyons MLA,” Mr Justice McAlinden held.

“I judge this unexplained lack of response to be irrational in the sense that no reasonable minister would behave in such a manner and I regard this failure to respond in any way, shape or form to be unlawful and I consider that it is clearly appropriate that a declaration should issue highlighting this illegality and irrationality.”