Court strikes out challenge over lack of Irish translation
A LEGAL challenge to the household charge over the lack of Irish language legislation has been struck out, after the translation was published last week.
Two weeks ago, Irish speaker Thomas Brabazon of Ascaill na Teile, Ráth Eanaigh, Dublin, obtained leave from the High Court to bring a judicial review challenge to the Local Government (Household Charge) Act 2011.
He claimed the State withheld the official translation of the Act for a period of time which was unreasonable and/or which was repugnant to the constitutional status of Irish as the first official language.
He sought a declaration that the Act must be available in Irish before it can be enforced against him as he wished to conduct his official business through Irish.
He also sought declarations that the Minister for the Environment, the Oireachtas, Ireland and the Attorney General, had breached the Official Languages Act 2003 by not publishing the legislation in Irish.
He wanted the court to quash regulations which brought the legislation into effect -- and an order restraining the State from taking any steps against him to make him pay the charge until the translation was made available.
Yesterday, when the case came back before the court, Mr Justice John Hedigan was told by Seamus O Tuathail, for Mr Brabazon, and by Luan O Braonain, for the State, that the matter could be struck out. Mr Brabazon was also granted his legal costs to date.