ABSTRACT

Under Article 8 of the Irish Constitution (1937), Irish (Gaeilge) is the first official language of Ireland, and English is recognised as a second official language. However, there are fewer than 50,000 native speakers of Irish out of a national population of 4.79 million, although many more have proficiency in the language as a result of compulsory Irish classes in the education system, or due to nationalist ideals. English, however, is the lingua franca of the vast majority of the population; the organs of the state operate, for the most part, through English, including the legal institutions. The Official Languages Act 2003 sets out a number of rights for speakers of both the official languages, and the right to an interpreter in court cases has been recognised under Irish law. However, the standard of interpretation to and from Irish (and indeed, other languages) has been problematic, especially because there is no oversight of the quality of interpretation within the legal system. This chapter uses the case of Ó Maicín as a basis for inquiring into whether the right not to have an interpreter exists, or should exist, within a legal framework premised on the right to a fair trial.