Administration of Justice (Language) Act (Ireland) 1737
The Administration of Justice (Language) Act (Ireland) 1737 (11 Geo. 2. c. 6 (I)) was passed by the Parliament of Ireland in 1737. The statute was primarily directed at the perceived problem caused by the widespread use of Law French and Latin in courts but has had the effect of excluding autochthonous languages, given that it excludes the use of "any other tongue or language whatsoever".[1]
| Act of Parliament | |
 | |
| Long title | An Act that all Proceedings in Courts of Justice within this Kingdom shall be in the English Language. |
|---|---|
| Citation | 11 Geo. 2. c. 6 (I) |
| Dates | |
| Royal assent | 23 March 1738 |
| Other legislation | |
| Amended by | Statute Law Revision Act (Ireland) 1878 |
Status: Amended | |
| Revised text of statute as amended | |
| Text of the Administration of Justice (Language) Act (Ireland) 1737 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk. | |
The act is controversial among Irish language advocates, due to the fact that in Northern Ireland, a court proceeding could not be carried out in the Irish language. The act forbade the use of any language but English in court proceedings and all courts in the jurisdiction followed it.[2][3] The equivalents of this act passed for England in 1731 and for Wales in 1733 were repealed for both countries in 1863 and in the Republic of Ireland in 1962. Northern Ireland was thus the only jurisdiction in the United Kingdom that retained this legislation after 1962, which legislation remains in force pending commencement of the Identity and Language (Northern Ireland) Act 2022.
The New Decade, New Approach agreement, which restored the devolved government in Northern Ireland on 9 January 2020, provided for legislation to amend the Northern Ireland Act 1998 that, among other changes, required repeal of the 1737 act.[4] Provision to repeal the act was included in section 4 of the Identity and Language (Northern Ireland) Act 2022: however, pending commencement of this Act, the 1737 act remains in force.
See also
editReferences
edit- ^ "Administration of Justice (Language) Act (Ireland) 1737". gov.uk. Archived from the original on 23 November 2021. Retrieved 23 November 2021.
- ^ "Courts and Tribunals". Northern Ireland Department of Justice. 16 November 2017. Archived from the original on 16 July 2011.
- ^ "Court of Appeal upholds Administration of Justice (Language) Act of 1737". Slugger O'Toole.
- ^ "Amendment of Northern Ireland Act 1998 to make provision about the Office of Identity and Cultural Expression and related provision (DRAFT SUBJECT TO ASSEMBLY APPROVAL)" (PDF). gov.uk. Archived (PDF) from the original on 23 November 2021.
External links
edit- Full text of the original Administration of Justice (Language) Act (Ireland) 1737 (c.6).
- Revised statute as it currently stands.
- Droim láimhe is diúltú glan don Ghaeilge (Total rejection of Irish Gaelic.)
- Judicial Review, 2009.
- Mark Durkan, MLA, MP questions the Minister for Justice, Mr David Ford, MLA.
- (Sinn Féin leader Gerry Adams supports the abolition of the Act)
- Céim Siar Maidir le Stádas na Gaeilge ó Thuaidh (A blow to the status of the Irish Gaelic Language in the North of Ireland.)