High Court rules Executive Committee in breach of duty over Irish Language Strategy, orders minister to respond
The High Court has declared that the Northern Ireland Executive Committee is in breach of its statutory duty to adopt an Irish Language Strategy, and has found that the Minister for Communities acted unlawfully by failing to respond to his own department's submission on the draft strategy.
Mr Justice McAlinden delivered judgment in the third judicial review brought by Conradh na Gaeilge, following previous declarations in 2017 and 2022. The court heard that despite extensive work by officials, no strategy has been adopted since the duty was imposed by the Northern Ireland Act 1998.
The judge noted that the current Executive Committee, formed in February 2024, inherited the unfulfilled duty and has not adopted a strategy within a reasonable time. He rejected arguments that the Executive Committee should be regarded as a new body each time its composition changes, finding that such an interpretation would allow the duty to be perpetually avoided.
Mr Justice McAlinden described the civil servants in the Department for Communities as "diligent, conscientious and assiduous" in developing the strategy, and he completely rejected allegations that they were deliberately slowing progress. He said the approach adopted by the department's director, Iain Greenway, was rational and designed to produce a strategy that could actually secure Executive approval.
The court also considered the role of the Minister for Communities, Gordon Lyons. While the minister does not have a direct individual duty under section 28D, the judge found his failure to respond to a departmental submission sent in late February 2026 was irrational and unlawful. He ordered the minister to provide a meaningful response within 14 days if he had not already done so.
The judge also addressed a procedural issue regarding the collateral use of documents between related judicial reviews. He ruled that material disclosed under the duty of candour in one case should not be used in another without court permission, and set out guidance for future cases.
The court will hear submissions on the precise form of declarations and any mandatory order, and on costs.