1. —(1) This Act may be cited as the Official Languages Act 2003.

(2) This Act shall come into operation on such day or days not later than 3 years after the passing of this Act as, by order or orders made by the Minister under this section, may be fixed therefor either generally or with reference to any particular purpose or provision, and different days may be so fixed for different purposes and different provisions.

2. —(1) In this Act, save where the context otherwise requires—

F1["Act of 2012" means the Gaeltacht Act 2012;]

F1["Advisory Committee" has the meaning assigned to it by section 18A;]

“Commissioner” means, as the context may require, Oifig Choimisinéir na dTeangacha Oifigiúla established by section 20 or the holder, for the time being, of that office;

“court” includes a tribunal established under the Tribunals of Inquiry (Evidence) Acts 1921 to 2002;

“draft scheme” means a draft scheme to be prepared by a public body under this Act;

“enactment” means a statute or an instrument made under a power conferred by a statute;

F1["establishment day" shall be construed in accordance with section 18A;]

“functions” includes powers and duties and references to the performance of functions include, with respect to powers and duties, references to the exercise of the powers and the carrying out of the duties;

F3[“Gaeltacht area” has the same meaning as it has in Part 2 of the Act of 2012;]

F1["Gaeltacht Language Planning Area" has the same meaning as it has in Part 2 of the Act of 2012;]

F1["Gaeltacht Service Town" has the same meaning as it has in Part 2 of the Act of 2012;]

“head” means the head of a public body;

F3[“head of a public body” means the person appointed as the principal officer of the public body or, where no such person has been appointed, the person designated by order of the Government made under section 4A to be the head of the public body for the purposes of this Act;]

F4[(c) in relation to the Office of the Commission for Public Service Appointments, the Director of the Office of the Commission for Public Service Appointments,]

(d) in relation to the Office of the Comptroller and Auditor General, the Comptroller and Auditor General,

(e) in relation to the Office of the Director of Public Prosecutions, the Director of Public Prosecutions,

(f) in relation to the F5[Houses of the Oireachtas Service], the Chairman of Dáil Éireann,

(g) in relation to the Office of the Information Commissioner, the Information Commissioner,

F4[(h) in relation to the Public Appointments Service, the Chief Executive of the Public Appointments Service,]

(i) in relation to the Office of the Ombudsman, the Ombudsman,

(j) in relation to any other public body, the person who holds, or performs the functions of, the office of chief executive officer (by whatever name called) of the body;

F1["Irish Language Network" has the same meaning as it has in Part 2 of the Act of 2012;]

“local authority” has the meaning assigned to it by subsection (1) of section 2 of the Local Government Act 2001;

“the Minister” means the Minister for Community, Rural and Gaeltacht Affairs;

F1["National Plan" has the meaning assigned to it by section 18C;]

F1["official form" means a form, including an electronic form, used by a public body in connection with the provision of a service by that body;]

“the official languages” means the Irish language (being the national language and the first official language) and the English language (being a second official language) as specified in Article 8 of the Constitution;

“prescribed” means prescribed by the Minister by regulations under section 4;

“proceedings” means civil or criminal proceedings before any court;

“public body” shall be construed in accordance with the First Schedule;

“record” includes any memorandum, book, plan, map, drawing, diagram, pictorial or graphic work or other document, any photograph, film or recording (whether of sound or images or both), F6[any form in which data are held (including machine-readable form)] or thing in which information is held or stored manually, mechanically or electronically and anything that is a part or a copy, in any form, of any of the foregoing or is a combination of two or more of the foregoing;

“a scheme” means a scheme confirmed by the Minister under section 14;

“service” means a service offered or provided (whether directly or indirectly) to the general public or a class of the general public by a public body.

F1["statutory body" means a body established by or under statute.]

(2) (a) In this Act a reference to a section or schedule is a reference to a section of or Schedule to this Act unless it is indicated that reference to some other enactment is intended.

(b) In this Act a reference to a subsection or paragraph or subparagraph is a reference to the subsection or paragraph or subparagraph of the provision in which the reference occurs unless it is indicated that reference to some other provision is intended.

3. —The expenses incurred by the Minister and any other Minister of the Government in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

4. —(1) The Minister may, with the consent of the Minister for Finance—

(a) by regulations provide, subject to the provisions of this Act, for any matter referred to in this Act as prescribed or to be prescribed,

(b) in addition to any other power conferred on him or her to make regulations, make regulations generally for the purposes of, and for the purpose of giving full effect to, this Act,

(c) if, during the first 3 years of application of this Act to a public body specified in subparagraph (3), (4) or (5) of paragraph 1 of the First Schedule, any difficulty arises in bringing this Act into operation in so far as it applies to that body, by regulations do anything which appears to be necessary or expedient for bringing this Act into operation in so far as it applies to that body and regulations under this paragraph may, in so far only as may appear necessary for carrying the regulations into effect, modify a provision of this Act if the modification is in conformity with the purposes, principles and spirit of this Act, and

(d) if in any other respect any difficulty arises during the period of 3 years from the commencement of this Act in bringing this Act into operation, by regulations do anything which appears to be necessary or expedient for bringing this Act into operation and regulations under this paragraph may, in so far only as may appear necessary for carrying the regulations into effect, modify a provision of this Act if the modification is in conformity with the purposes, principles and spirit of this Act.

(2) Regulations under this Act may contain such incidental, supplementary and consequential provisions as appear to the Minister to be necessary or expedient for the purposes of the regulations.

(3) Where the Minister proposes to make regulations under paragraph (c) or (d) of subsection (1) or for the purposes of paragraph 1 (5), or under paragraph 3, of the First Schedule, he or she shall cause a draft of the regulations to be laid before each House of the Oireachtas and the regulations shall not be made until a resolution approving of the draft has been passed by each such House.

(4) Where the Minister proposes to make regulations under subsection (1)(c), he or she shall, before doing so, consult with 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 in relation to the proposed regulations.

(5) Regulations prescribing a body, organisation or group (“the body”) for the purposes of paragraph 1(5) of the First Schedule may provide that this Act shall apply to the body only as respects specified functions of the body, and this Act shall apply and have effect in accordance with any such provision.

(6) Every regulation under this Act (other than a regulation referred to in subsection (3)) shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation is passed by either such House within the next 21 days on which that House has sat after the regulation is laid before it, the regulation shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.

5. —In each year, beginning with the year following the year in which this Act is commenced, the Minister shall make a report to each House of the Oireachtas on the operation in the preceding year of this Act.

6. —(1) A member of either House of the Oireachtas has the right to use either of the official languages in any debates or other proceedings in that House or of a committee of either House, a joint committee of both Houses or sub-committee of such a committee or joint committee.

(2) A person appearing before either House of the Oireachtas or before such a committee, joint committee or sub-committee as aforesaid has the right to use either of the official languages.

(3) Every official report of the debates and other proceedings of the Houses of the Oireachtas shall be published in each of the official languages, except that contributions (whether oral or in writing) in either of the official languages by persons may be published therein solely in that language.

7. —(1) As soon as may be after the enactment of any Act of the Oireachtas, the text thereof shall be printed and published in each of the official languages simultaneously.

(2) Subsection (1) shall not operate to prohibit the publication on the internet of an Act of the Oireachtas in one official language only prior to its printing and publication in accordance with that subsection.]

8. —(1) A person may use either of the official languages in, or in any pleading in or document issuing from, any court.

(2) Every court has, in any proceedings before it, the duty to ensure that any person appearing in or giving evidence before it may be heard in the official language of his or her choice, and that in being so heard the person will not be placed at a disadvantage by not being heard in the other official language.

(3) For the purposes of ensuring that no person is placed at a disadvantage as aforesaid, the court may cause such facilities to be made available, as it considers appropriate, for the simultaneous or consecutive interpretation of proceedings from one official language into the other.

(4) Where the State or a public body is a party to civil proceedings before a court—

(a) the State or the public body shall use in the proceedings, the official language chosen by the other party, and

(b) if two or more persons (other than the State or a public body) are party to the proceedings and they fail to choose or agree on the official language to be used in the proceedings, the State or, as appropriate, the public body shall use in the proceedings such official language as appears to it to be reasonable, having regard to the circumstances.

(5) Notwithstanding any other provision of this section, a person shall not be compelled to give evidence in a particular official language in any proceedings.

(6) In choosing to use a particular official language in any proceedings before a court, a person shall not be put by the court or a public body to any inconvenience or expense over and above that which would have been incurred had he or she chosen to use the other official language.

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.

9A.— ...]

9B.— ...]

9C.— ...]

9D.— ...]

9E.— ...]

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.

10A. —(1) A public body shall ensure that—

(a) at least 20 per cent of any advertising placed by the body in any year shall be in the Irish language, and

(b) at least 5 per cent of any money expended by the body on advertising in any year shall be used to place advertising in the Irish language through Irish language media.

(2) In this section—

"advertising" means—

(a) any form of commercial communication with the aim or direct or indirect effect of promoting a product or service of the public body concerned, and

(b) any form of communication, to the public, in respect of—

(i) the recruitment of staff,

(ii) legislative or policy initiatives,

(iii) the purchase or sale of land or assets,

(iv) the provision of services, or

(v) public consultation;

"Irish language media" means any media where 50 per cent or more of the content of that media is through the Irish language.]

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.

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.

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 .

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.

F23[(4) Where a language standard has been prescribed to apply to a public body under section 19A(2) a scheme confirmed by the Minister under this section or pursuant to section 15 shall, notwithstanding subsection (3), cease to be in force.]

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.

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.

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.

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.

18A. —(1) The Minister shall, by order, appoint a day to be the establishment day (in this Act referred to as the "establishment day") for the purposes of this Act, and the establishment day shall be a day that is not later than 6 months after the passing of the Official Languages (Amendment) Act 2021.

(2) There shall stand established on the establishment day a committee to be known as the Irish Language Services Advisory Committee (in this Act referred to as "the Advisory Committee").

(3) The secretariat and the executive functions of the Advisory Committee shall be provided by the Minister and shall include, at the request of a member of the Advisory Committee or as the Minister considers appropriate, facilities for the simultaneous or consecutive interpretation of proceedings of the committee from one official language into the other official language.

(4) An order under subsection (1) shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order is passed by either such House within the next 21 days on which that House sits after the order is laid before it, the order shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.]

18B. —(1) The Advisory Committee shall consist of the following members—

(a) a Chairperson, and

(b) not less than 5 and not more than 10 ordinary members,

each of whom shall be appointed by the Minister.

(2) The Minister shall designate one member of the Advisory Committee as Chairperson, and the person so designated shall be a person who is competent in the Irish language.

(3) The ordinary members of the Advisory Committee shall include—

(a) one member nominated by the Minister as a representative of the Department of Culture, Heritage and the Gaeltacht,

(b) one member nominated by the Minister for Public Expenditure and Reform as a representative of the Department of Public Expenditure and Reform,

(c) one member nominated by the Public Appointments Service as a representative of the Public Appointments Service,

(d) not more than 6 other members nominated by public bodies as representatives of such public bodies as the Minister considers appropriate,

(e) one member, who shall be competent in the Irish language, nominated by the Minister, following a process established by the Public Appointments Service, as a representative of Gaeltacht Language Planning Areas, and

(f) one member, who shall be competent in the Irish language, nominated by the Minister, following a process established by the Public Appointments Service, as a representative of areas of the State that are not Gaeltacht Language Planning Areas.

(4) A member of the Advisory Committee shall be subject to such terms and conditions and be paid such allowances for expenses as the Minister may, with the consent of the Minister for Public Expenditure and Reform, determine.

(5) If the Chairperson is for any reason unable to continue to act as Chairperson, the Minister may designate another member of the Advisory Committee to act as Chairperson.

(6) A member of the Advisory Committee shall hold office for such period not exceeding 6 years from the date of his or her appointment, as the Minister shall determine.

(7) Subject to subsection (8), a member of the Advisory Committee whose term of office expires by the effluxion of time shall be eligible for reappointment to the Advisory Committee.

(8) A member of the Advisory Committee who has served 2 consecutive terms of office shall not be eligible for reappointment to the Advisory Committee until a period of 6 years has elapsed following the end of the second consecutive term.

(9) A member of the Advisory Committee may resign from the Advisory Committee by letter addressed to the Minister, and the resignation shall take effect on the date specified in the letter, or the date on which the Minister receives the letter, whichever is the later.

(10) A member of the Advisory Committee may at any time be removed from membership of the Advisory Committee by the Minister if, in the Minister’s opinion, the member has become incapable through ill-health of performing his or her functions, or has committed stated misbehaviour, or his or her removal appears to the Minister to be necessary for the effective performance by the Advisory Committee of its functions.

(11) A member of the Advisory Committee shall cease to be, and shall be disqualified from being, a member of the Advisory Committee where such member—

(a) on conviction on indictment by a court of competent jurisdiction is sentenced to a term of imprisonment, or

(b) is subject or is deemed to be subject to a disqualification order, within the meaning of Chapter 4 of Part 14 of the Companies Act 2014, whether by virtue of that Chapter or any other provision of that Act.

(12) The Minister shall determine the procedures of the Advisory Committee.]

18C. —(1) The Advisory Committee shall —

(a) as soon as may be but not later than 2 years after the establishment day prepare and submit to the Minister for approval a National Plan for the provision of public services through the medium of the Irish language (in this Act referred to as the "National Plan") for a period specified in the National Plan (being not more than 6 years) in order to—

(i) identify services provided by a public body or class of public bodies that are not provided through the medium of the Irish language and in relation to which the Advisory Committee is of the view that a language standard should be prescribed under section 19A(2), and

(ii) specify, for the period to which the National Plan relates, strategies public bodies may employ (including how to make best use of resources available to the bodies) so that services of the public bodies concerned that are not provided through the medium of the Irish language may be so provided,

(b) advise public bodies with respect to how services that are not provided by the bodies through the medium of the Irish language may be so provided, including—

(i) advice with respect to the number and grade of staff who are competent in the Irish language that the body would require to provide such services through the medium of the Irish language,

(ii) having regard to the objective referred to in subsection (3)(b), recommendations as to how to increase the number of staff who are competent in the Irish language, and

(iii) advice as to the level of competence, having regard to the system of standards known as the Common European Framework of Reference for Languages, required by a person in order for him or her to provide such services through the medium of the Irish language,

(c) conduct, or commission the conduct of, such research as the Advisory Committee deems appropriate in order to carry out its functions under paragraphs (a) and (b), and

(d) every 5 years after the establishment day, carry out and submit to the Minister a survey on the level of competence in the Irish language of staff of public bodies, and such survey shall include the following:

(i) the total number of staff of public bodies who are competent in the Irish language;

(ii) the total number of staff of public bodies who have undertaken an Irish language training course;

(iii) the total number of staff of public bodies who speak the Irish language in the workplace, whether when carrying out their duties or otherwise, and the frequency with which they speak the Irish language.

(2) The Advisory Committee shall prepare each subsequent National Plan not earlier than 6 months, and not later than 3 months, before the expiration of the period specified in the National Plan and section 18D shall apply, with any necessary modifications, in relation to each subsequent National Plan as if any reference, to the National Plan, in that section were a reference to a subsequent National Plan.

(3) The Advisory Committee shall, in performing its functions under this Act, have regard to the following objectives—

(a) increasing the services provided by public bodies through the medium of the Irish language, having particular regard to services provided by public bodies in Gaeltacht Language Planning Areas, Gaeltacht Service Towns and Irish Language Networks, and

(b) increasing the number of staff of public bodies who are competent in the Irish language so that, as soon as practicable after the establishment day, but no later than 31 December 2030, at least 20 per cent of staff recruited to public bodies are so competent.

(4) The Advisory Committee shall have all such powers as are necessary or expedient for the performance of its functions.]

18D. —(1) The Minister shall—

(a) within 3 months of receiving the National Plan under section 18C(1)(a)—

(i) approve the National Plan without modification or with such modifications as he or she considers appropriate,

(ii) specify the date on which the National Plan should come into operation, and

(iii) submit the National Plan to the Government, and

(b) as soon as may be thereafter—

(i) cause copies of the National Plan to be laid before each House of the Oireachtas, and

(ii) publish a copy of the National Plan on the website of the Department of Culture, Heritage and the Gaeltacht.

(2) The Minister may, as he or she considers appropriate, request a public body, in respect of whom services identified in the National Plan as services provided by the body concerned that are not provided through the medium of the Irish language, to report to the Minister in relation to progress made by the body to so provide the services and to implement the Plan, and the Minister shall be responsible for the co-ordination of the implementation of the Plan by all such public bodies.]

18E. —The Minister shall, by order, within 3 months of submitting the National Plan to the Government under section 18D(1)(a)(iii) and having regard to the National Plan—

(a) specify the date by which the Irish language shall become the working language in the offices, in a Gaeltacht Language Planning Area, of a public body or class of public bodies and different dates may be specified in respect of different Gaeltacht Language Planning Areas, and

(b) specify the date by which all services provided by a public body or class of public bodies in a Gaeltacht Language Planning Area (including such services provided by a public body or class of public bodies from outside the Gaeltacht Language Planning Area) shall be provided through the medium of the Irish language and different dates may be specified in respect of different Gaeltacht Language Planning Areas.]

18F. —(1) The Advisory Committee shall, not later than 30 June of each year, provide a progress report to the Minister and to the Commissioner with regard to its work during the preceding year or, in the case of its first progress report, its work from the establishment day up to and including 31 December of the following year.

(2) Notwithstanding subsection (1), the Advisory Committee may, from time to time, furnish to the Minister such information about the performance of its functions as it considers appropriate and shall furnish to the Minister any information about the performance of its functions requested by the Minister.

(3) The Commissioner shall, within 6 months of receiving the report referred to in subsection (1), prepare and submit to the Minister a commentary on the report.

(4) The Minister shall, within 3 months of receiving the commentary referred to in subsection (3), submit the commentary and the report referred to in subsection (1) to the Government and, as soon as may be thereafter—

(a) cause copies of the report and commentary to be laid before each House of the Oireachtas, and

(b) publish copies of the report and commentary on the website of the Department of Culture, Heritage and the Gaeltacht.

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

20. —(1) There is established an office to be known as Oifig Choimisinéir na dTeangacha Oifigiúla and the holder of the office shall be known as An Coimisinéir Teanga and is referred to in this Act as the Commissioner.

(2) The Commissioner shall be independent in the performance of his or her functions.

(3) The appointment of a person to be the Commissioner shall be made by the President on the advice of the Government following a resolution passed by Dáil Éireann and by Seanad Éireann recommending the appointment of the person.

(4) The provisions of the Second Schedule shall have effect in relation to the Commissioner.

21. —The functions of the Commissioner shall be, in addition to any functions conferred on him or her by any other provision of this Act—

(a) to monitor compliance by public bodies with the provisions of this Act,

F38[(aa) to monitor, where he or she considers appropriate, compliance by public bodies with any other enactment relating to the status or use of an official language,]

(b) to take all necessary measures within his or her authority to ensure compliance by public bodies with the provisions of this Act,

(c) to carry out investigations, whether on his or her own initiative, on request by the Minister or pursuant to a complaint made to him or her by any person, into any failure by a public body to comply with the provisions of this Act that he or she or, as appropriate, the Minister, considers may have occurred,

(d) to provide, as he or she considers appropriate, advice or other assistance to the public regarding their rights under this Act,

(e) to provide, as he or she considers appropriate, advice or other assistance to public bodies regarding their obligations under this Act, and

(f) to carry out an investigation, whether on his or her own initiative, on request by the Minister or pursuant to a complaint made to him or her by any person, to ascertain whether any provision of any other enactment relating to the status or use of an official language was not or is not being complied with.

22. —(1)   (a) For the purpose of his or her functions under this Act the Commissioner may require any person who, in the opinion of the Commissioner, is in possession of information, or has a record or thing in his or her power or control, that is relevant to the purposes aforesaid to furnish to the Commissioner any such information, record or thing and, where appropriate, may require the person to attend before him or her for that purpose, and the person shall comply with the requirement.

(b) Paragraph (a) of this subsection does not apply to information or so much of a record as relates to decisions and proceedings of the Government or of any committee of the Government and for the purposes of this paragraph, a certificate given by the Secretary-General to the Government and certifying that any information or record or part of a record so relates shall be conclusive.

(2) Subject to subsection (3), no enactment or rule of law prohibiting or restricting the disclosure or communication of information shall preclude a person from furnishing to the Commissioner any such information or record, as aforesaid.

(3) Subject to the provisions of this Act, a person to whom a requirement is addressed under this section shall be entitled to the same immunities and privileges as if he or she were a witness before the High Court.

(4) A person who fails or refuses to comply with a requirement under this section or who hinders or obstructs the Commissioner in the performance of his or her functions under this section shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding €2,000 or to imprisonment for a term not exceeding 6 months or both.

(5) Where an offence under subsection (4) has been committed by a body corporate and is proved to have been committed with the consent or connivance of, or to have been facilitated by any neglect on the part of any director, manager, secretary or other similar officer of such body or of any person who was purporting to act in any such capacity, that officer or person, as well as such body, shall be guilty of an offence and shall be liable to be proceeded against and punished as if he or she were guilty of the first-mentioned offence.

(6) Proceedings for an offence under this section may be brought and prosecuted by the Commissioner.

(7) The Commissioner may, if he or she thinks fit, pay to any person who, for the purposes aforesaid, attends before the Commissioner or furnishes information or a record or other thing to him or her—

(a) sums in respect of travelling and subsistence expenses properly incurred by the person, and

(b) allowances by way of compensation for loss of his or her time,

of such amount as may be determined by the Minister.

(8) A statement or admission made by a person for the purposes aforesaid shall not be admissible as evidence against that person in any criminal proceedings.

(9) Nothing in this section shall confer any right to production of, or access to, any record or thing subject to legal privilege.

23. —(1) An investigation by the Commissioner under this Act shall be conducted otherwise than in public.

(2) Where the Commissioner proposes to carry out an investigation under this Act he or she shall—

(a) notify—

(i) the public body concerned,

(ii) in a case where a complaint has been made to the Commissioner, the person who made the complaint, and

(iii) the Minister,

in writing of that fact, and

(b) afford—

(i) the public body concerned, and

(ii) any other person who appears or, in a case where a complaint has been made to the Commissioner, is alleged to have been responsible for the matter complained of,

an opportunity to comment on the matter and, if a complaint in relation to the matter has been made to the Commissioner, on any allegations contained in the complaint.

(3) The Commissioner may—

(a) refuse to investigate a complaint under this Act, or

(b) discontinue an investigation under this Act into such a complaint,

if he or she becomes of opinion that—

(i) the complaint is trivial or vexatious,

(ii) the person making the complaint has not taken reasonable steps to seek redress in respect of the subject matter of the complaint or, if he or she has, has not been refused redress,

(iii) the complaint relates solely to a matter within the power of the Ombudsman to investigate pursuant to section 4(2)(a) of the Ombudsman Act 1980, or

(iv) the matter complained of does not involve any contravention of the provisions of this Act or of any other enactment relating to the status or use of an official language.

(4) Subject to the provisions of this Act, the procedure for conducting an investigation shall be such as the Commissioner considers appropriate in all the circumstances of the case.

(5) The Commissioner may determine whether any person may be represented, by counsel, solicitor or otherwise, in an investigation by him or her under this Act.

24. —The Commissioner shall not investigate any complaint made by or on behalf of a person if the complaint is one in relation to which the person affected by the matter complained of has initiated, in any court, civil legal proceedings and the proceedings have not been dismissed for failure to disclose a cause of action or a complaint justiciable by that court, whether the proceedings have been otherwise concluded or have not been concluded:

Provided that the Commissioner may investigate the matter notwithstanding that it is one to which this section relates if it appears to the Commissioner that special circumstances make it proper to do so.

25. —Information or a record or thing obtained by the Commissioner or his or her officers in the course of the exercise by him or her of his or her functions under this Act shall not be disclosed except for the purposes of such exercise and of any statement, report or notification to be made under this Act and the Commissioner or his or her officers shall not be called upon to give evidence in any proceedings of matters coming to his or her or their knowledge in the course of such exercise.

26. —(1) In any case where a complaint is made to the Commissioner and the Commissioner decides not to carry out an investigation under this Act or decides to discontinue such an investigation, he or she shall send to the person who made the complaint and to the public body concerned a statement in writing of his or her reasons for the decision and shall send to such other person as he or she considers appropriate such statement in writing in relation to the matter as he or she considers appropriate.

(2) In any case where the Commissioner conducts an investigation under this Act, he or she shall prepare and submit to—

(a) the public body concerned,

(b) the Minister, and

(c) in a case where a complaint is made to the Commissioner, the complainant,

a report in writing of the findings of the investigation and may include in the report any recommendations he or she considers appropriate having regard to the investigation.

(3) Without prejudice to subsection (2), the Commissioner may issue an interim report if he or she considers it appropriate so to do.

(4) The Commissioner may request a public body to submit to him or her within a specified time any comments it may have regarding any findings or recommendations contained in a report under this section.

(5) If, within a reasonable time after a report containing recommendations is submitted to a public body under subsection (2), any recommendations contained in the report have not, in the opinion of the Commissioner, been implemented by that body, the Commissioner may, after considering any responses made to him or her by the public body in respect of those recommendations, make a report thereon to each House of the Oireachtas.

(6) The Commissioner shall attach to every report under subsection (5) a copy of every response (if any) made by or on behalf of a public body to the said recommendations.

27. —(1) The Minister may, with the consent of the Minister for Finance, make a scheme of compensation providing for the payment by a public body to such persons of such sums as may be specified in the scheme, in respect of any failure, specified in a report by the Commissioner under section 26, by the body (other than a public body, standing prescribed for the purposes of paragraph 1(5) of the First Schedule) to comply with the provisions of this Act.

(2) Notwithstanding paragraph (f) of section 21, a scheme under subsection (1) may not provide for the payment out of moneys in respect of any failure by a public body to comply with any other enactment relating to the status or use of an official language.

(3) A scheme under subsection (1) may be revoked or varied by a subsequent scheme made thereunder.

28. —(1) A party to an investigation under this Act or any other person affected by the findings and recommendations of the Commissioner following such an investigation may appeal to the High Court on a point of law from the decision.

(2) An appeal under subsection (1) shall be initiated not later than 4 weeks after notice of the relevant findings and recommendations was given to the person bringing the appeal.

(3) (a) Where an appeal under this section by a person, other than a head, is dismissed by the High Court, that Court may, if it considers that the point of law concerned was of exceptional public importance, order that some or all of the costs of the person in relation to the appeal be paid by the public body concerned.

(b) The High Court may order that some or all of the costs of a person, other than a head, in relation to a reference under this section be paid by the public body concerned.

(4) A decision of the High Court following an appeal under subsection (1), shall, where appropriate, specify the period within which effect shall be given to the decision.

29. —The Commissioner may prepare and publish commentaries on the practical application and operation of the provisions, or any particular provisions, F39[of this Act, or any enactment relating to the status or use of an official language], including commentaries based on the experience of holders of the office of Commissioner in relation to investigations and findings following investigations, of such holders under this Act.

30. —(1) The Commissioner shall, not later than 6 months after the end of each year, prepare and furnish to the Minister a report, in each of the official languages, on his or her activities in that year.

(2) The Minister shall, not later than 2 months after the receipt of the report, cause a copy thereof to be laid before each House of the Oireachtas.

(3) The Commissioner may, if he or she considers it appropriate to do so in the public interest or in the interests of any person, prepare and publish a report in each of the official languages in relation to any investigation carried out or other function performed by him or her under this Act or any matter relating to or arising in the course of such an investigation or performance.

(4) In this section “report” does not include a report under section 26.

31. —In this Part, save where the context otherwise requires—

F40[…]

“placename” includes the name of any province, county, city, town, village, barony, parish or townland, or of any territorial feature (whether natural or artificial), district, region or place, as shown in the maps of Ordnance Survey Ireland;

“placenames order” has the meaning assigned to it by section 32.

31A. —(1) On the commencement of section 13 of the Official Languages (Amendment) Act 2021 there shall stand established a committee to be known as the Placenames Committee.

(2) The secretariat and the executive functions of the Placenames Committee shall be provided by the Minister.]

31B. —(1) The Placenames Committee shall consist of the following members—

(a) a Chairperson, and

(b) not less than 7 and not more than 10 ordinary members, each of whom shall be appointed by the Minister.

(2) The Minister shall designate one member of the Placenames Committee as Chairperson.

(3) The Placenames Committee shall consist of persons who are competent in the Irish language, and—

(a) have experience of, or expertise in, matters relating to placenames, or both, or

(b) are experts in Irish history.

(4) A member of the Placenames Committee shall be subject to such terms and conditions and be paid such allowances for expenses as the Minister may, with the consent of the Minister for Public Expenditure and Reform, determine.

(5) If the Chairperson is for any reason unable to continue to act as Chairperson, the Minister may designate another member of the Placenames Committee to act as Chairperson.

(6) A member of the Placenames Committee shall hold office for such period not exceeding 3 years from the date of his or her appointment, as the Minister shall determine.

(7) Subject to subsection (8), a member of the Placenames Committee whose term of office expires by the effluxion of time shall be eligible for reappointment to the Placenames Committee.

(8) A member of the Placenames Committee who has served 2 consecutive terms of office shall not be eligible for reappointment to the Placenames Committee until a period of 3 years has elapsed following the end of the second consecutive term.

(9) A member of the Placenames Committee may resign from the Placenames Committee by letter addressed to the Minister, and the resignation shall take effect on the date specified in the letter, or the date on which the Minister receives the letter, whichever is the later.

(10) A member of the Placenames Committee may at any time be removed from membership of the Placenames Committee by the Minister if, in the Minister’s opinion, the member has become incapable through ill-health of performing his or her functions, or has committed stated misbehaviour, or his or her removal appears to the Minister to be necessary for the effective performance by the Placenames Committee of its functions.

(11) A member of the Placenames Committee shall cease to be, and shall be disqualified from being, a member of the Placenames Committee where such member—

(a) on conviction on indictment by a court of competent jurisdiction is sentenced to a term of imprisonment, or

(b) is subject or is deemed to be subject to a disqualification order, within the meaning of Chapter 4 of Part 14 of the Companies Act 2014, whether by virtue of that Chapter or any other provision of that Act.

(12) The Minister shall determine the procedures of the Placenames Committee.]

31C. —(1) The Placenames Committee shall—

(a) provide advice to the Minister regarding the making of placenames orders under section 32,

(b) carry out, or commission, research in relation to placenames,

(c) provide, on request, such information to the public and to public bodies regarding placenames as the Placenames Committee considers appropriate, and

(d) have such other functions as the Minister may, from time to time, prescribe.

(2) In carrying out its functions under subsection (1), the Placenames Committee shall, to such extent as it considers necessary for that purpose, take into account and provide to the Minister any work or advice completed by the body known as An Coimisiún Logainmneacha, established by warrant of the Minister for Finance dated the 24th day of October 1946, and the non-statutory committee (known as the Placenames Committee) in existence before the commencement of section 13 of the Official Languages (Amendment) Act 2021.]

32. —(1) Subject to subsection (2), the Minister, having received and considered advice from the F45[Placenames Committee], may by order (in this Part referred to as a “placenames order”)—

(a) declare the Irish language version of a placename specified in the order to be such word or words as he or she specifies in the order,

(b) amend or revoke a placenames order.

F44[(2) The Minister shall not make an order under this section in respect of a place to which an order under subsection (3) of section 192 (inserted by section 48 of the Environment (Miscellaneous Provisions) Act 2011 ) of the Local Government Act 2001 applies.]

(3) Every placenames order shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order is passed by either such House within the next subsequent 21 days on which that House has sat after the order is laid before it, the order shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.

33. —(1) A word or words, declared by the Minister in a placenames order to be the Irish language version of a placename specified in the order, shall be construed in a legal document as referring to the same place and as having the same force and effect as the English language version of the placename so specified unless the contrary intention appears.

(2) Where the Minister makes a declaration under section 32 in respect of a placename in a Gaeltacht area, the English language version of the placename shall no longer have any force and effect as on and from the operative date but without prejudice to anything done before or after that date including the use of that version other than its use—

(a) in any Act of the Oireachtas passed after the operative date or any statutory instrument made after that date under any Act,

(b) in such maps prepared and published by or with the permission of Ordnance Survey Ireland as may be prescribed, or

(c) on a road or street sign erected by or on behalf of a local authority.

(3) In this section—

“legal document” means—

(a) any Act of the Oireachtas passed after the operative date, any statutory instrument made after that date under any Act or the official translation of any Act or instrument;

(b) any instrument having or intended to have legal effect or consequences and executed on or after the operative date;

(c) any document used in or for the purposes of legal proceedings, and made, issued or served on or after the operative date,

“the operative date” means the date on which the relevant place-names order comes into operation.

34. —The Ordnance Survey Ireland Act 2001 is amended by the substitution of the following for paragraph (h) of section 4(2):

“(h) to depict placenames and ancient features in the national mapping and related records and databases in the Irish language or in the English and Irish languages.”.

35. —The Place-Names (Irish Forms) Act 1973 is repealed.

36. —Nothing in this Act shall prohibit the investigation by the Ombudsman, pursuant to subsection (2) of section 4 of the Ombudsman Act 1980, of any action taken by or on behalf of a F46[reviewable agency (within the meaning of that Act)].