19C. —(1) A public body may, within 3 months of a language standard being prescribed to apply to the body under section 19A(2), apply, in writing, to the Minister to seek a derogation from the standard or part of the standard.

(2) An application under subsection (1) shall include—

(a) a statement setting out the reasons why the body considers that it will not be in a position to comply with the language standard, or part of the standard, as the case may be, due to—

(i) lack of availability, particularly in remote geographic locations, of staff of the body who have the required level of competence in the Irish language,

(ii) failure of the body, despite reasonable and satisfactory efforts, to recruit staff who have the required level of competence in the Irish language, or

(iii) incompatibility of the body’s existing IT or other systems with compliance, by the body, with the proposed standard due to existing configuration of those systems,

(b) a plan to outline the action to be taken by the body to—

(i) mitigate, in so far as possible, any adverse effects on the general public or a class of the general public, as may be appropriate, as a result of the derogation being granted, and

(ii) enable it to comply, at a specified future date, with the proposed standard,

and

(c) any other information that the body considers relevant to the application.

(3) The Minister shall, when considering whether to grant a derogation under this section, have regard to—

(a) the statement, plan and any other information submitted to the Minister under subsection (2), and

(b) any other matter the Minister considers relevant.

(4) The Minister may, when considering whether to grant a derogation under this section, consult the public body concerned or such other person as the Minister considers appropriate.

(5) Subject to subsection (6), the Minister shall, within 3 months of receipt of the application referred to in subsection (1), or such further period not exceeding 6 months, grant or refuse to grant a derogation from the language standard, or part of the standard, concerned.

(6) The Minister shall not grant a derogation under this section where to do so would have the effect that the public body concerned may be required to provide fewer services through the medium of the Irish language than the body provided (of the body’s own accord, pursuant to a scheme in force under section 14 or pursuant to a language standard prescribed under section 19A) prior to the standard, in respect of which the application under subsection (1) was made, being prescribed.

(7) (a) The Minister may attach such conditions to a derogation granted under this section as are, in the Minister’s opinion, appropriate.

(b) Subject to subsection (8), the Minister may specify a period, not exceeding 3 years, in relation to which a derogation shall apply, after which period the language standard or part of the standard in respect of which the derogation was granted shall apply to the public body concerned.

(8) The Minister may, if he or she deems it appropriate to do so, extend, for a further period not exceeding 2 years, the period for which a derogation granted under this section shall apply.

(9) A public body to which a derogation has been granted shall report to the Minister within 12 months of the granting of the derogation or such shorter period as the Minister may specify in a condition attached to the derogation, and no later than the expiration of each 12 month period thereafter until the derogation expires, to outline the action taken by the body during that period so that the body may comply with the proposed language standard by a specified future date.]