knowledge 16 June 2025 |

Interpreting the Official Languages Acts

Introduction

The Official Languages Act 2003 (the “OLA”) was signed into law on 14 July 2003 and was amended by the Official Languages (Amendment) Act 2021 (the “2021 Act”) (together with the OLA, the “Acts”). The primary objective of the Acts is to promote the use of the Irish language for official purposes in the State and provide for the use of the official languages, namely Irish and English, in communicating and providing services to the public and in carrying out the work of a “public body”.

What is a “Public Body”?

There are a wide range of bodies specified as “public bodies” by the OLA. Public bodies for this purpose include Government departments, local authorities, universities, agencies, boards and other state and semi-state entities.¹ The Minister for Community, Rural and Gaeltacht Affairs can extend the list of public bodies to bodies with defined characteristics, including to entities that are performing roles which were previously vested in a body, organisation or group that was under public ownership or control.

In general, private entities do not come under the remit of the Acts. Crucially however, since the 2021 Act, a public body is required to take all appropriate steps to ensure that third parties, who perform “public-facing services” on its behalf, adhere to the Act’s obligations and any relevant language standards. “Public-facing services” are any services offered or provided to the public or a class thereof, on behalf of a public body, by an individual other than a public body, whether or not they are compensated. Accordingly, a public body needs to consider its obligations under the Acts when dealing with third parties carrying out activities on its behalf.

Obligations of a Public Body

The obligations of public bodies in respect of use of the official languages are set out primarily by the Acts. The Acts consider the obligations as a “floor” rather than a “ceiling”. The main obligations relate to: announcements, stationery and signage; advertisements; communications; documents; names and logo; and reporting on performance of their obligations.

Oral announcements made by or on behalf of public bodies, headings of stationery used by public bodies and the content and layout of signage placed by or on behalf of public bodies must be in Irish or in the official languages.

Public bodies must ensure that:

1. At least 20% of any advertising placed by the body in any year is in Irish, and
2. At least 5% of any money expended by the body on advertising in any year is used to place advertising in Irish through Irish language media.

Public bodies are required to respond to written, e-mail and social media communications in the official language in which they are received. Where public bodies communicate in writing or by email with the public or a class thereof for the purposes of furnishing information, the bodies must ensure that the communication is in Irish or in the official languages.

Public bodies must publish certain documents (public policy proposals, annual reports, audited financial statements and other prescribed documents) simultaneously in each of the official languages.

The name of public bodies established on and after 21 December 2024 must be in Irish. Any logos that are created, renewed or altered by new or pre-existing public bodies on and after 21 December 2024 must be in Irish or the official languages and be equally prominent.

All public bodies are required to appoint a member of senior management staff to oversee the performance and reporting of the body’s obligations under the Acts. A summary of any matters reported to the head of the public body must be included in the body’s annual report.

Functions and Enforcement Powers of Oifig Choimisinéir na dTeangacha Oifigiúla  

OCT was set up pursuant to the OLA and it is the body responsible for the enforcement of the Acts. It monitors compliance by public bodies with the Acts and the related regulations, carrying out investigations relating to compliance and providing advice in relation to compliance.

The main power it has is to require individuals to disclose any information or records which may be relevant to the exercise of its functions, and to attend before OCT for that purpose. Failure or refusal of those individuals to comply with such a requirement is a summary offence attracting a maximum penalty of a fine not exceeding €2,000 or up to 6 months imprisonment or both.

If OCT proposes to carry out an investigation, it must provide written notice to the public body concerned, the Minister, and any complainant (where relevant) of its intention to investigate. OCT must bestow an opportunity to the public body concerned to comment and any individual who appears or is alleged to be responsible for any non-compliance of the Acts. Subject to these requirements, OCT is entitled to conduct the investigations as it considers appropriate.

OCT’s primary enforcement powers arise following the conclusion of an investigation. Thereafter, OCT must submit a written report of its findings and recommendations (if appropriate) to the public body concerned, the Minister and any complainant (where relevant). Following submission of the report, OCT may request comments from the public body concerned within a specified timeframe. If recommendations are made and OCT is of the opinion that they have not been implemented within a “reasonable time”, it may, after considering any responses made by the public body relating to the recommendations, submit a report to each House of the Oireachtas. A party to an investigation or any other person affected by the findings and/or recommendations of OCT following such an investigation may appeal to the High Court on a point of law within 4 weeks.

The Minister may, with the consent of the Minister for Public Expenditure, make a scheme of compensation for payment by the public body to such persons of such sums as may be specified in the scheme, in respect of any failures specified in a report by OCT. Non-compliance may also result in potential reputational damage publicly, and a possible adverse effect on the relationship between OCT and the public body.

Comment and recommendations

Every public body must ensure that it is fully aware of, and compliant with, its duties and obligations as set out in the Acts. With all provisions of the 2021 Act now in effect, particular attention should be paid to the additional obligations introduced, and these should be addressed in a proactive manner.

OCT expects that Irish and English will be afforded equal status in most communications by public bodies. Accordingly, every public body should review its policies and procedures for public engagement, with particular regard to communication channels and signage. OCT will expect that all oral announcements and signage provided by the public body are available in both languages. Furthermore, any written communications received in Irish—such as emails, letters, or social media messages—should be responded to in Irish.

Public bodies should also consider including requirements in their contracts with third parties delivering public-facing services on their behalf, ensuring that both Irish and English are used in the provision of these services.

In addition, all public bodies should appoint a senior manager responsible for overseeing and reporting on compliance with the supervisory and reporting obligations under the Acts.

Proactive implementation of these requirements will help to mitigate the risk of an OCT investigation and the potential reputational damage that may result.

Also contributed to by Kelsey Ahern