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32 2003

OFFICIAL LANGUAGES ACT 2003

PART 3

Public Bodies

Duty of public bodies to use official languages on official stationery, etc.

9. —(1) The Minister may by regulations provide that oral announcements (whether live or recorded) made by a public body, the headings of stationery used by a public body and the contents and the lay-out of any signage or advertisements placed by it shall, to such extent as may be specified, be in the Irish language or in the English and Irish languages and different provisions may be made in relation to different classes of body, oral announcements, stationery, signage or advertisements.

(2) Where a person communicates in writing or by electronic mail in an official language with a public body, the public body shall reply in the same language.

(3) Where a public body communicates in writing or by electronic mail with the general public or a class of the general public for the purpose of furnishing information to the public or the class, the body shall ensure that the communication is in the Irish language or in the English and Irish languages.

Duty of public bodies to publish certain documents in both official languages simultaneously.

10. —Notwithstanding any other enactment, the following documents made by or under the authority of a public body (other than a body, organisation or group standing prescribed pursuant to regulations for the purposes of clause (b) of paragraph 1(5) of the First Schedule) shall be published by that body in each of the official languages simultaneously:

(a) any document setting out public policy proposals;

(b) any annual report;

(c) any audited account or financial statement;

(d) any statement of strategy required to be prepared under section 5 of the Public Service Management Act 1997 ; and

(e) any document of a description or class standing prescribed for the time being, with the consent of the Minister for Finance and such other (if any) Minister of the Government as the Minister considers appropriate having regard to the functions of that other Minister of the Government, and being a document of a description or class that is, in the opinion of the Minister, of major public importance.

Use of official languages by public bodies.

11. —(1) For the purpose of promoting the use of the Irish language for official purposes in the State, the Minister may, by notice in writing to the head of a public body, require the public body to prepare and present to him or her for confirmation within such time (not being more than 6 months from the date of issue of the notice) as is specified in the notice a draft scheme specifying—

(a) the services which the public body proposes to provide—

(i) exclusively through the medium of the Irish language,

(ii) exclusively through the medium of the English language, and

(iii) through the medium of both the Irish and English languages,

and

(b) the measures the body proposes to adopt to ensure that any services that are not provided by the body through the medium of the Irish language will be so provided.

(2) (a) A draft scheme referred to in subsection (1) shall specify the means of communication that are to be provided exclusively in the Irish language, exclusively in the English language and in both the Irish and English languages.

(b) In this section “means of communication” means the means of communication between the body concerned and the public generally or groups or individual members of the public in relation to the services concerned, the provision of the services and information relating to the services or such provision.

(3) The Minister may, with the consent of the Minister for Finance, in relation to those of its services delivered exclusively through the medium of the English language, direct a public body to draw up a plan for the delivery of those services in addition through the medium of the Irish language together with an estimate of the period of time required to implement the plan.

(4) A notice under subsection (1) shall be accompanied by a copy of the current guidelines issued by the Minister under section 12 .

(5) Different notices may be given to a head of a public body under this section in respect of different services.

Publication of guidelines by Minister.

12. —(1) The Minister shall issue to public bodies guidelines in relation to the preparation by public bodies of draft schemes.

(2) As soon as practicable after the commencement of this section the Minister shall prepare a draft of any guidelines that he or she proposes to issue under subsection (1) and shall send copies of the draft to—

(a) every other Minister of the Government, and

(b) such other persons (including any other head) as he or she considers appropriate.

(3) The Minister shall, after considering any representations made to him or her about the draft guidelines, confirm the draft guidelines either without amendment or with such amendments as he or she considers appropriate.

(4) The Minister shall, as soon as practicable, lay before each House of the Oireachtas a copy of any guidelines issued under subsection (1).

(5) The Minister shall, at such intervals as he or she considers appropriate, revise any guidelines issued under subsection (1) and the provisions of this section shall apply to the issuing of such revised guidelines as they apply to the guidelines first issued.

Preparation of draft scheme by public body.

13. —(1) On receipt of a notice under section 11 , a public body shall—

(a) publish notice of its intention to prepare a draft scheme and invite representations from any interested parties, and

(b) within the time specified in the notice, prepare and present for confirmation to the Minister a draft scheme.

(2) In preparing a draft scheme the public body shall—

(a) have regard to any guidelines issued under section 12 and in force,

(b) have regard to any representations made by any interested party under subsection (1),

(c) ensure that an adequate number of its staff are competent in the Irish language so as to be able to provide its service through Irish as well as English,

(d) ensure that the particular Irish language requirements associated with the provision of services in Gaeltacht areas are met,

(e) ensure that the Irish language becomes the working language in its offices in the Gaeltacht not later than such date as may be determined by it with the consent of the Minister.

(3) A draft scheme shall contain only such matters as are required to be specified under subsections (1) and (2) of section 11 .

Confirmation by Minister of draft schemes.

14. —(1) Upon presentation of a draft scheme to the Minister by a public body, the Minister may, after consultation with such other persons including such other (if any) Minister of the Government as the Minister considers ought to be consulted, and with the consent of the head of the public body concerned, confirm the draft scheme either without amendment or with such amendments as he or she considers appropriate.

(2) The Minister shall, after confirmation of any draft scheme under this section, forward a copy of the scheme to the Commissioner.

(3) A scheme shall remain in force for a period of 3 years from the date on which it is confirmed by the Minister or until a new scheme has been confirmed by the Minister pursuant to section 15 , whichever is the later.

Periodic review of schemes.

15. —(1) The Minister may, at any time, and shall, no later than 6 months before the expiration of the scheme, by notice in writing to the head of a public body require that body to review, within such period as may be specified in the notice, any scheme in force in relation to it.

(2) Upon receipt of a notice under subsection (1), a public body shall conduct a review of the said scheme and shall, within the time specified in the notice, prepare and present, for confirmation by the Minister, a new draft scheme.

(3) Sections 11, 13 and 14 shall, with any necessary modifications, apply where a notice is given under subsection (1) as they apply where a notice is given under section 11 .

Amendment of schemes.

16. —(1) Where the Minister is satisfied that, owing to any change—

(a) in the functions of a public body, or

(b) in the circumstance in which such functions are performed,

it may be appropriate to amend any scheme in force in relation to it, he or she may, on his or her own initiative or on request by the public body concerned, by notice in writing to the public body propose amendments to the scheme.

(2) The Minister may, after consultation with such other persons, including such other (if any) Minister of the Government as the Minister considers ought to be consulted, and with the consent of the head of the public body concerned, amend a scheme in the manner proposed in any notice under subsection (1) or in such other manner as he or she considers appropriate in the circumstances, and the scheme shall have effect thereafter subject to any such amendments.

(3) The Minister shall forward to the Commissioner a copy of any scheme amended under this section.

Failure to prepare a draft scheme.

17. —Where—

(a) a public body fails or refuses to prepare a draft scheme in accordance with a notice issued under section 11 or 15,

(b) after presentation by a public body of a draft scheme to the Minister for confirmation, the public body and the Minister are unable to agree the terms of the scheme, or

(c) after receipt by a public body of a notice of proposed amendments to a scheme, the public body and the Minister are unable to agree on any amendments,

the Minister shall report this failure, refusal or inability to each House of the Oireachtas.

Duty to carry out schemes.

18. —(1) Where the Minister confirms a scheme under this Act, the public body shall proceed to carry out the scheme.

(2) Nothing in a scheme shall be construed as prohibiting a public body from implementing further measures to promote the status of an official language within its organisation.

Prohibition on imposition of charges by public bodies.

19. —A public body shall not impose any charge on any person by virtue of any requirement imposed on that body by this Act.