Identity and Language (Northern Ireland) Act 2022 explained

Short Title:Identity and Language (Northern Ireland) Act 2022
Type:Act
Parliament:Parliament of the United Kingdom
Long Title:An Act to make provision about national and cultural identity and language in Northern Ireland.
Year:2022
Introduced Commons:Shailesh Vara
Introduced Lords:Lord Caine, Parliamentary Under-Secretary of State for Northern Ireland
Territorial Extent:Northern Ireland
Royal Assent:6 December 2022
Commencement:See section 10
Status:Not_fully_in_force
Legislation History:https://bills.parliament.uk/bills/3168
Original Text:https://www.legislation.gov.uk/ukpga/2022/45/enacted
Statute Book Chapter:2022 c. 45

The Identity and Language (Northern Ireland) Act 2022 (c. 45) is an Act of Parliament in the United Kingdom providing "official recognition of the status of the Irish language" in Northern Ireland, with Ulster Scots being an officially recognised minority language.

The act was first envisioned as an Irish Language Act (Irish: Acht na Gaeilge) of the Northern Ireland Assembly that would give the Irish language equal status to English in the region, similar to that of the Welsh language in Wales under the Welsh Language Act 1993 and Scottish Gaelic in Scotland under the Gaelic Language (Scotland) Act 2005.[1]

Main provisions

The bill includes the following provisions:[2]

The provisions on the Irish language were based on the model of the Welsh Language Act 1993.[3]

Background

About 184,898 (10.65%) Northern Irish people claim some knowledge of Irish, while about 4,130 (0.2%) speak it as their vernacular.[4]

Before the Act, the status of the Irish language as a minority language was guaranteed by the European Charter for Regional or Minority Languages. This continues to bind the United Kingdom.[5] Since 2008, the Irish republican party Sinn Féin has been advocating that these protections be strengthened by legislation.[6]

Support and opposition

The legislation was supported by An Dream Dearg,[7] Conradh na Gaeilge,[8] POBAL, Sinn Féin, the Social Democratic and Labour Party (SDLP), the Alliance Party, the Green Party[9] and People Before Profit.[10] It was opposed by the Democratic Unionist Party (DUP) and the Ulster Unionist Party (UUP).[11]

Irish language activist and unionist Linda Ervine stated that she had come to support the legislation after comments by DUP MLA Gregory Campbell mocking the Irish language.[12] She said that the act would have little effect on non-Irish speakers and that some politicians had engaged in "scaremongering". When a draft bill was leaked after talks stalled in 2018, Irish language groups criticised the legislation for not going far enough, specifically in not creating new rights for Irish speakers.[13] Meanwhile, DUP supporters condemned the compromise legislation.[14]

In 2017, pressure group An Dream Dearg organised a rally in favour of the act in Belfast, attracting several thousand supporters.[15] In May 2019, more than 200 prominent Irish people signed an open letter urging then Republic of Ireland Taoiseach Leo Varadkar and then Prime Minister of the UK Theresa May to support the act.[16]

Then DUP leader Arlene Foster has stated that it would make more sense to pass a Polish Language Act than an Irish Language Act, because more Northern Ireland residents speak Polish than Irish. Her claim has been disputed by fact checkers. Foster also stated that "If you feed a crocodile they're going to keep coming back and looking for more" with regard to Sinn Féin's demands for the act and accused the party of "using the Irish language as a tool to beat Unionism over the head."[17] [18]

History

Sinn Féin[19] and POBAL, the Northern Irish association of Irish speakers, pointed out that the British government promised to introduce such an act in the 2006 St Andrews Agreement.[20] Unionists said that they never supported such a commitment. As part of the January 2020 New Decade, New Approach compromise agreement, many of the proposals sought under an Irish Language Act would be implemented by amending existing laws rather than introducing a new standalone law.[21]

Proposed provisions (2014, 2017)

In 2014, legislation sought by Sinn Féin would appoint an Irish language commissioner and designate Gaeltacht areas. It would also provide for the right to use Irish:

In 2017, Irish: Conradh na Gaeilge (an all-island non-political social and cultural organisation which promotes the language in Ireland and worldwide) proposed[22] an Act that would provide for

Other proposals have included replicating the Welsh Language Act 1993 and Gaelic Language (Scotland) Act 2005.[23] [24] [25]

Role in political deadlock (2017 to 2020)

See also: 2017 Northern Ireland Assembly election. In January 2017, then Sinn Féin deputy First Minister Martin McGuinness resigned in protest over the Renewable Heat Incentive scandal,[26] and the party declined to replace him.[27] Due to Northern Ireland's power-sharing system, a government cannot be formed without both parties,[28] and the Stormont Assembly was suspended.[29]

Gerry Adams, then Sinn Féin leader, stated in August 2017 that "There won't be an assembly without an Irish: Acht na Gaeilge." According to The Independent in 2019, the Irish Language Act became the most public issue of disagreement in discussions about restoring Stormont, and it was "almost certainly" required for a deal to be made to end the deadlock.

Compromise (2020 to 2022)

See main article: New Decade, New Approach.

On 11 January 2020, Sinn Féin and the DUP re-entered devolved government under the New Decade, New Approach agreement with then DUP leader Arlene Foster appointed Northern Ireland's first minister, and Sinn Féin's Michelle O'Neill appointed deputy first minister.[30] In the agreement, there would be no standalone Irish Language Act, but the Northern Ireland Act 1998 would be amended and policies implemented to:

By 11 January 2021 there was a commitment to the forming an Office of Identity and Cultural Expression but real progress was limited. The Executive Office estimated an allocation of £28m in funds, with potential for increase would be dedicated to the improvement of the status of the Irish language, but there was debate over how the funds would be divided and dispersed.[34]

Debate on the exact language of the act stalled in the assembly throughout 2021, with the 'titles of commissioners' reportedly being a concern.[35] In 2022, with an early election called for that May, it was announced no such legislation would be enacted before the end of the legislative period.[36]

In the Parliament of the United Kingdom (2022)

Ultimately, the legislation was enacted by the Parliament of the United Kingdom. The Identity and Language (Northern Ireland) Bill was introduced in the House of Lords on 25 May 2022 and scrutiny there was concluded on 13 July.[37] [38] The Bill received its first reading in the House of Commons the following day and its second reading on 12 October.[39] [40] The Bill passed in the House of Commons with its third reading on 26 October. On 6 December, the Act received royal assent, meaning that Irish would become an official language in Northern Ireland once the relevant provisions are brought into force.[41] [39] [42]

See also

Notes and References

  1. News: Ó Caollaí . Éanna . January 9, 2020 . Explainer: Breaking the deadlock over an Irish Language Act . live . https://web.archive.org/web/20210517191851/https://www.irishtimes.com/news/ireland/irish-news/explainer-breaking-the-deadlock-over-an-irish-language-act-1.4135275 . 17 May 2021 . 26 May 2022 . . The purpose of the promised act was to provide legislative protection for the language in Northern Ireland. It would be similar to legislation in Wales and Scotland..
  2. News: McClafferty . Enda . 2022-10-26 . Irish language and Ulster Scots bill clears final hurdle in Parliament . live . https://web.archive.org/web/20240703141924/https://www.bbc.com/news/uk-northern-ireland-63402597 . 2024-07-03 . 2022-10-27 . . en-GB.
  3. Web site: 2022-12-09 . Irish becomes official language in Northern Ireland for the first time . live . https://web.archive.org/web/20240703130335/https://nation.cymru/news/irish-becomes-official-language-in-northern-ireland-for-the-first-time/ . 2024-07-03 . 2022-12-17 . . en-GB . The Irish language legislation was based on the model of the 1993 Welsh Language Act introduced in Wales..
  4. News: The role of the Irish language in Northern Ireland's deadlock. 14 April 2017. The Economist. 12 April 2017. 15 April 2017. https://web.archive.org/web/20170415142752/http://www.economist.com/news/britain/21720659-though-less-1-use-it-their-main-language-cutbacks-have-rekindled-enthusiasm. live.
  5. News: Sonnad . Nikhil . Brexit may threaten the many minority languages of Britain . live . https://web.archive.org/web/20190921092420/https://qz.com/713497/brexit-may-threaten-the-many-minority-languages-of-britain/ . 21 September 2019 . 21 September 2019 . . en.
  6. News: Sinn Féin launches two new Irish language cumainn . 23 September 2019 . . 13 March 2008 . 23 September 2019 . https://web.archive.org/web/20190923073212/https://www.anphoblacht.com/contents/18261 . live .
  7. Web site: Ainsworth . Paul . 2022-12-06 . 'Historic milestone' passed as Irish language legislation becomes law . live . https://web.archive.org/web/20240703130530/https://www.irishnews.com/news/2022/12/06/news/_historic_milestone_passed_as_irish_language_legislation_becomes_law-2932333/ . 2024-07-03 . 2022-12-18 . . en.
  8. Web site: Manley . John . 2018-02-22 . Irish act in draft agreement did not go far enough, groups say . live . https://web.archive.org/web/20240703130654/https://www.irishnews.com/news/politicalnews/2018/02/22/news/irish-language-groups-label-proposed-legislation-weak--1261292/ . 2024-07-03 . 2022-12-18 . . en.
  9. News: 30 August 2017 . Adams: 'No assembly without language act' . live . https://web.archive.org/web/20190611175114/https://www.bbc.com/news/uk-northern-ireland-politics-41095799 . 11 June 2019 . 21 September 2019 . .
  10. News: Ó Caollaí . Éanna . 2020-01-09 . Explainer: Breaking the deadlock over an Irish Language Act . live . https://web.archive.org/web/20240702202339/https://www.irishtimes.com/news/ireland/irish-news/explainer-breaking-the-deadlock-over-an-irish-language-act-1.4135275 . 2024-07-02 . 2024-07-02 . . The demand for legislation is not confined to one party. It is supported by Sinn Féin, the SDLP, the Alliance Party, the Green Party and People Before Profit..
  11. News: Meredith . Robbie . 15 March 2019 . Language laws 'strengthen not threaten' . live . https://web.archive.org/web/20191002104230/https://www.bbc.com/news/uk-northern-ireland-47575607 . 2 October 2019 . 21 September 2019 . .
  12. News: Linda Ervine: 'Curry my yoghurt' pushed me towards Irish act . 23 September 2019 . . 4 July 2017 . en . 23 September 2019 . https://web.archive.org/web/20190923085857/https://www.newsletter.co.uk/education/linda-ervine-curry-my-yoghurt-pushed-me-towards-irish-act-1-8038462 . live .
  13. News: Manley . John . 22 February 2018 . Irish act in draft agreement did not go far enough, groups say . live . https://web.archive.org/web/20180222134917/http://www.irishnews.com/news/politicalnews/2018/02/22/news/irish-language-groups-label-proposed-legislation-weak--1261292/ . 22 February 2018 . 22 September 2019 . The Irish News.
  14. News: Kelly . Ben . 30 April 2019 . Why is there no government in Northern Ireland? . live . https://web.archive.org/web/20191112193941/https://www.independent.co.uk/news/uk/politics/northern-ireland-talks-latest-power-sharing-deal-stormont-sinn-fein-dup-a8893096.html . 12 November 2019 . 23 September 2019 . . en.
  15. News: Ferguson . Amanda . 20 May 2017 . Thousands call for Irish Language Act during Belfast rally . live . https://web.archive.org/web/20171115205211/https://www.irishtimes.com/news/ireland/irish-news/thousands-call-for-irish-language-act-during-belfast-rally-1.3090740 . 15 November 2017 . 22 September 2019 . . en.
  16. News: Moriarty . Gerry . Caollaí . Éanna Ó . Varadkar and May urged to implement Irish language act in North . live . https://web.archive.org/web/20201107233650/https://www.irishtimes.com/news/ireland/irish-news/varadkar-and-may-urged-to-implement-irish-language-act-in-north-1.3908153 . 7 November 2020 . 22 September 2019 . . en.
  17. News: MacGuill . Dan . FactCheck: Are there really more Polish speakers than Irish speakers in Northern Ireland? . live . https://web.archive.org/web/20190920065628/https://www.thejournal.ie/arlene-foster-polish-speakers-irish-speakers-northern-ireland-facts-3228915-Feb2017/ . 20 September 2019 . 22 September 2019 . . en.
  18. News: 9 March 2017 . Arlene Foster regrets Sinn Féin 'crocodiles' comment . live . https://web.archive.org/web/20201031174800/https://www.irishtimes.com/news/ireland/irish-news/arlene-foster-regrets-sinn-f%C3%A9in-crocodiles-comment-1.3004084 . 31 October 2020 . 23 September 2019 . . en.
  19. Web site: McCorley . Rosie . 95% of people support Acht na Gaeilge . live . https://web.archive.org/web/20190921092412/https://www.sinnfein.ie/contents/36663 . 21 September 2019 . 21 September 2019 . Sinn Féin.ie.
  20. News: Burke . Ceimin . 14 February 2018 . Explainer: What is the Irish Language Act and why is it causing political deadlock in Northern Ireland? . live . https://web.archive.org/web/20190920065609/https://www.thejournal.ie/irish-language-act-explainer-3851417-Feb2018/ . 20 September 2019 . 21 September 2019 . . en.
  21. News: Meredith . Robbie . 10 January 2020 . NI experts examine the detail of deal: Language . live . https://web.archive.org/web/20200602205935/https://www.bbc.com/news/uk-northern-ireland-51063140 . 2 June 2020 . 26 June 2020 . .
  22. Web site: 23 May 2017 . Irish-Language Act . live . https://web.archive.org/web/20181028035403/https://www.cnag.ie/en/get-involved/current-campaigns/irish-language-act.html . 28 October 2018 . 4 January 2020 . Irish: [[Conradh na Gaeilge]].
  23. Web site: 2022-05-21 . Thousands to march in Belfast calling for Irish language legislation on model of Welsh Language Act . live . https://web.archive.org/web/20240703132623/https://nation.cymru/news/thousands-to-march-in-belfast-calling-for-irish-language-legislation-on-model-of-welsh-language-act/ . 2024-07-03 . 2022-10-27 . . en-GB.
  24. Web site: 2022-05-25 . 'It can't be sidelined': bill aims to give Irish official status in Northern Ireland . live . https://web.archive.org/web/20240703132804/https://www.theguardian.com/uk-news/2022/may/25/bill-irish-official-status-northern-ireland-language-government . 2024-07-03 . 2022-10-27 . . en.
  25. Web site: McCartney . Blaine . 2021-06-19 . The Irish language Act: What to expect? . live . https://web.archive.org/web/20240703133816/https://sluggerotoole.com/2021/06/19/the-irish-language-act-what-to-expect/ . 2024-07-03 . 2022-10-27 . . en-GB.
  26. News: Henry McDonald . 10 January 2017 . Martin McGuinness resigns as deputy first minister of Northern Ireland . live . https://web.archive.org/web/20190921105729/https://www.theguardian.com/politics/2017/jan/09/martin-mcguinness-to-resign-as-northern-ireland-deputy-first-minister . 21 September 2019 . 23 October 2019 . . London, England.
  27. News: McDonald . Henry . Walker . Peter . 16 January 2017 . Sinn Féin refusal to replace McGuinness set to trigger Northern Ireland elections . . live . 21 September 2019 . https://web.archive.org/web/20190921105723/https://www.theguardian.com/politics/2017/jan/16/sinn-fein-refusal-mcguinness-power-sharing-collapse-northern-ireland . 21 September 2019.
  28. Web site: Power-sharing . live . https://web.archive.org/web/20170527032309/http://education.niassembly.gov.uk/post_16/snapshots_of_devolution/gfa/power_sharing . 27 May 2017 . 21 September 2019 . Northern Ireland Assembly . Northern Ireland Assembly Education Service.
  29. News: Bradfield . Philip . 22 September 2018 . Linda Ervine: Stormont should not have stopped for Irish Act . live . https://web.archive.org/web/20220526183938/https://www.newsletter.co.uk/news/latest-news/linda-ervine-stormont-should-not-have-stopped-for-irish-act-1-8643704 . 26 May 2022 . 4 October 2019 . . Belfast, Northern Ireland.
  30. News: 11 January 2020 . Stormont deal: Arlene Foster and Michelle O'Neill new top NI ministers . live . https://web.archive.org/web/20200113064911/https://www.bbc.co.uk/news/uk-northern-ireland-51077397 . 13 January 2020 . 11 January 2020 . . British Broadcasting Corporation.
  31. News: 10 January 2020 . What's in the draft Stormont deal? . live . https://web.archive.org/web/20200722065921/https://www.bbc.com/news/uk-northern-ireland-51059789 . 22 July 2020 . 26 June 2020 . .
  32. News: Walsh . Dr John . 15 January 2020 . What's the real deal with Stormont's Irish language proposals? . live . https://web.archive.org/web/20200629080420/https://www.rte.ie/brainstorm/2020/0115/1107583-whats-the-real-deal-with-stormonts-irish-language-proposals/ . 29 June 2020 . 26 June 2020 . en . RTÉ.
  33. News: Hughes . Brendan . 11 January 2020 . How the Stormont deal tackles language and identity issues . live . https://web.archive.org/web/20210531072020/https://www.irishnews.com/news/northernirelandnews/2020/01/11/news/how-the-stormont-deal-tackles-language-and-identity-issues-1811293/ . 31 May 2021 . 26 June 2020 . . en.
  34. News: 11 January 2021 . Stormont deal: One year on, what's changed? . live . https://web.archive.org/web/20220507144737/https://www.bbc.com/news/uk-northern-ireland-55467214 . 7 May 2022 . 26 May 2022 . .
  35. News: 2 April 2021 . Irish language proposals 'not comprehensive enough' . live . https://web.archive.org/web/20210713010259/https://www.bbc.com/news/uk-northern-ireland-56608771 . 13 July 2021 . 26 May 2022 . .
  36. News: 2022-03-28 . No Irish language legislation before assembly election . live . https://web.archive.org/web/20220525125417/https://www.bbc.com/news/uk-northern-ireland-60908379 . 25 May 2022 . 2022-05-08 . . en-GB.
  37. News: Kearney . Vincent . 2022-05-25 . First step to protect Irish language taken by UK govt . live . https://web.archive.org/web/20240703145808/https://www.rte.ie/news/ulster/2022/0525/1301002-irish-language-northern-ireland/ . 2024-07-03 . . en.
  38. Web site: 14 July 2022 . Lords concludes scrutiny of Identity and Language (Northern Ireland) Bill . live . https://web.archive.org/web/20240703150128/https://www.parliament.uk/business/news/2022/may-2022/identity-and-language-northern-ireland-bill-in-the-lords/ . 2024-07-03 . UK Parliament.
  39. Web site: Identity and Language (Northern Ireland) Act 2022 Stages - Parliamentary Bills - UK Parliament . live . https://web.archive.org/web/20240703150506/https://bills.parliament.uk/bills/3168/stages . 2024-07-03 . UK Parliament.
  40. News: Irish language and Ulster Scots legislation passes next step in House of Commons – despite unionist opposition . live . https://web.archive.org/web/20240703150750/https://www.belfasttelegraph.co.uk/news/northern-ireland/irish-language-and-ulster-scots-legislation-passes-next-step-in-house-of-commons-despite-unionist-opposition/42061947.html . 2024-07-03 . 2022-10-27 . . en-GB . 0307-1235.
  41. Web site: Ainsworth . Paul . 2022-12-06 . 'Historic milestone' passed as Irish language legislation becomes law . live . https://web.archive.org/web/20240703151245/https://www.irishnews.com/news/2022/12/06/news/_historic_milestone_passed_as_irish_language_legislation_becomes_law-2932333/ . 2024-07-03 . 2022-12-07 . . en.
  42. News: 11 December 2022 . Language and identity laws could spell significant change . live . https://web.archive.org/web/20240703151718/https://www.bbc.com/news/uk-northern-ireland-63923308 . 2024-07-03 . .

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