Identity and Language (Northern Ireland) Bill [HL]

Debate between Baroness Goudie and Lord McCrea of Magherafelt and Cookstown

Committee stage
Wednesday 22nd June 2022 Grand Committee

[Lord McCrea of Magherafelt and Cookstown (DUP)]

Amendment 18 in this group would amend the duty on public authorities to one of compliance with best practice Irish language standards from one of due regard. This proposal is not faithful to the drafting of NDNA, which states that one function of the Irish language commissioner is to consider

“complaints where a public authority has failed to have due regard to those standards.”

By implication, the duty on public authorities is not one of compliance but of due regard; that distinction must be respected. A duty for compliance would potentially require public authorities to adhere to specific guidance despite their being cogent reasons for not doing so. It is unclear whether this approach would lead to public authorities becoming legally liable for not acting on a consideration of competing human rights. A due regard duty is not a loose concept, as this amendment seems to imply. It means that a person under the duty is not free to disregard but must consider all relevant considerations.

[Baroness Goudie (Lab)]

My Lords, I raised this issue in my Second Reading speech and I am happy to speak to these amendments and others on this issue. I really feel that it is important that we should have “comply with” and not “have due regard to” in the Bill. It is really important that people understand why we are doing this; if somebody needs only to “have due regard” to something, they just have to look at it. It is important that they should have to comply with best practice, and I would like to see that left in the Bill.