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Labour moves Bill to end compulsory Irish exam for lawyers

Issued : Thursday 25 October, 2007

The Labour Party Spokesperson on the Irish Language, Deputy Brian O’Shea, today moved the first stage of a Private Members Bill which if enacted, will remove the compulsory Irish examination for legal practitioners and replace it with a voluntary system of recognising competence in the Irish language, as recommended by the Competition Authority.

“I hope that we will get the opportunity to debate the Bill at some stage soon. It is high time that this out-dated examination was consigned to the dustbin of history.

“It reflects the zealotry of a by-gone age, rather than the needs of an inclusive, pluralist Ireland and the needs of a modern and competitive legal system.

“Under the Legal Practitioners (Qualifications) Act, 1929, no person shall be admitted to practice as a barrister-at-law unless before such a person is admitted he satisfies the Chief Justice ‘that he possesses a competent knowledge of the Irish language’. A similar requirement is placed on those wishing to practice as a solicitor by Section 40 of the Solicitors Act of 1954.

“In practise those wishing to practice as barristers have been required to take an Irish examination. Those unable to pass the examination or unwilling to take it, cannot practice at the bar. Otherwise-well qualified lawyers have found themselves unable to practice.

“There are many capable barristers and solicitors with fluent Irish, many of them Irish language enthusiasts, and litigants have never experienced any problem in securing appropriate legal representation if they wish to pursue legal action through the medium of Irish. However, the absolute requirement for Irish for all lawyers is now an anachronism, especially given the rapidly changing nature of Irish society.

“Our Bill, the Legal Practitioners (Qualification) (Amendment) Bill, 2007 seeks to move away from the concept of a compulsory minimum standard and would instead require the King’s Inn and the Law Society to offer a voluntary examination in the Irish language and then issue a certificate of competency to successful candidates. This would ensure that lawyers with competence in the Irish language continue to be available to litigants. Our approach is to promote excellence in the Irish language rather than to seeking to set basic minimum standards.

“The Bill would also enable those who have been refused recognition previously as a result of failing the Irish language test to reapply.

“It is a simple reforming measure. I hope that the government will accept the measure and facilitate its speedy passage through the Dail.”

“My Bill will, I have no doubt, serve to enhance the status of the Irish language in the legal system”.