Identity and Language (Northern Ireland) Act 2022
In the Northern Ireland Act 1998 after Part 7 insert—
Schedule 1 contains provision about the Office of Identity and Cultural Expression.
In the Northern Ireland Act 1998 after Part 7A (inserted by section 1(1)) insert—
Schedule 2 contains provision about the Irish Language Commissioner.
In the Northern Ireland Act 1998 after Part 7B (inserted by section 2(1)) insert—
Schedule 3 contains provision about the Commissioner for the Ulster Scots and the Ulster British tradition.
The Administration of Justice (Language) Act (Ireland) 1737 (c. 6) is repealed.
In the Education (Northern Ireland) Order 1998 (S.I. 1998/1759 (N.I. 13)) after Article 89 insert—
The Secretary of State may do anything that a Northern Ireland Minister or Northern Ireland department could do in the exercise of an identity and language function.
The Secretary of State may direct a Northern Ireland Minister, Northern Ireland department or identity and language authority to do or not do anything that the Minister, department or authority—
could do in the exercise of an identity and language function;
could otherwise do (but this is subject to subsection (3)).
The Secretary of State may give a direction under subsection (2)(b) if the Secretary of State considers the direction appropriate—
for the purpose of ensuring the effective operation of an identity and language authority, or
in relation to the exercise, by the Secretary of State, of another function under this section.
After giving a direction under subsection (2), the Secretary of State must—
lay a copy of the direction before Parliament, and
publish the direction.
In this Part—
“identity and language authority” means—
the Irish Language Commissioner;
“identity and language authority” means—
the Commissioner for the Ulster Scots and the Ulster British tradition;
the Irish Language Commissioner;
“data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3(9) of that Act);
a function ancillary to such a function;
who is or has been in Crown employment within the meaning of Article 236 of the Employment Rights (Northern Ireland) Order 1996.
the Office of Identity and Cultural Expression;
a function conferred by or under Parts 7A to 7C of the Northern Ireland Act 1998 other than a power to make regulations or give a direction, or
“Northern Ireland Minister” includes the First Minister and deputy First Minister acting jointly.
The fact that a matter has not been brought to the attention of, or discussed and agreed by, the Executive Committee of the Assembly is to be disregarded when determining what a Northern Ireland Minister, Northern Ireland department or identity and language authority could do for the purposes of section 6(1) and (2).
A Northern Ireland Minister, Northern Ireland department or identity and language authority must comply with a direction under section 6(2) irrespective of whether any matter has been brought to the attention of, or discussed and agreed by, the Executive Committee of the Assembly.
A direction under section 6(2) does not require a disclosure of information if the disclosure would contravene the data protection legislation (but in determining whether a disclosure would do so, take into account the duty to comply with a direction under section 6(2)).
The power in section 44(1) of the Northern Ireland Act 1998 (power to call witnesses and documents) is not exercisable in relation to an excluded person in connection with the exercise of a function under or in accordance with a direction under section 6(2).
Subsection (4) does not apply in relation to an excluded person who is or has been an identity and language authority, or works or has worked for or on behalf of an identity and language authority, in connection with the person’s time as or with the authority.
In this section—
who is or has been in Crown employment within the meaning of Article 236 of the Employment Rights (Northern Ireland) Order 1996.
“excluded person” means a person—
The Secretary of State may—
establish a body corporate or other organisation to be known as the Castlereagh Foundation, or
provide grants for the establishment of such a body or organisation by another person.
A body or other organisation established or funded under subsection (1) must—
have as its principal objective the funding and support of academic research into identity, including national and cultural identity and shifting patterns of identity, in Northern Ireland, and
be operationally and financially independent from the Office of Identity and Cultural Expression (though this does not affect the Office’s functions under section 78H of the Northern Ireland Act 1998).
The Secretary of State may dispose of any interest in the Castlereagh Foundation.
In section 96 of the Northern Ireland Act 1998 after subsection (4A) insert—
A member of the Office of Identity and Cultural Expression Employment by the Office of Identity and Cultural Expression Irish Language Commissioner Employment by the Irish Language Commissioner Commissioner for the Ulster Scots and the Ulster British tradition Employment by the Commissioner for the Ulster Scots and the Ulster British tradition
A member of the Office of Identity and Cultural Expression. Irish Language Commissioner. Commissioner for the Ulster Scots and the Ulster British tradition.
The Office of Identity and Cultural Expression Irish Language Commissioner Commissioner for the Ulster Scots and the Ulster British tradition
The Office of Identity and Cultural Expression. Irish Language Commissioner. Commissioner for the Ulster Scots and the Ulster British tradition.
This Part comes into force on the day on which this Act is passed.
Parts 1 and 2 come into force on such day as the Secretary of State may by regulations made by statutory instrument appoint.
Regulations under subsection (2) may appoint different days for different purposes.
This Act extends to Northern Ireland only.
This Act may be cited as the Identity and Language (Northern Ireland) Act 2022.
Section 1 In the Northern Ireland Act 1998 after Schedule 9 insert—
Section 2 In the Northern Ireland Act 1998 after Schedule 9A (inserted by Schedule 1) insert—
Section 3 In the Northern Ireland Act after Schedule 9B (inserted by Schedule 2) insert—