Ombudsman: PSNI Failed Duty by Not Translating Irish Speaker

PSNI Found Wanting in Irish Language Complaint

The Police Service of Northern Ireland (PSNI) has been officially criticised by the Police Ombudsman for failing to accommodate a woman who provided her personal details in the Irish language during an arrest. The watchdog’s ruling found that officers made no attempt to understand or translate the information, a failure described as falling below the required ethical standards for policing in the region.

The complaint was brought forward by Maire Mhic An Fháille following her arrest in August 2023. Represented by the Belfast-based legal firm KRW LAW LLP, she detailed how arresting officers disregarded her use of Irish, making no effort to verify the details she was providing. This inaction prompted an official complaint to the Police Ombudsman for Northern Ireland (PONI), which has now been substantiated.

A Breach of Standards and Law

In a significant finding, the Ombudsman concluded that the officers’ failure to engage with the Irish language likely breached the PSNI’s own code of ethics. The ruling highlighted the legal obligations placed upon the police service by both domestic and international law. Specifically, it referenced the statutory recognition afforded to the Irish language under the Identity and Language (Northern Ireland) Act 2022, a landmark piece of legislation designed to protect and enhance linguistic heritage. Furthermore, the Ombudsman noted the duties arising from the European Charter for Regional or Minority Languages, to which the UK is a signatory.

As a result of the investigation, PONI recommended that the officer involved should face performance procedures. The PSNI has reportedly accepted this recommendation. In a move with potentially wider implications, the watchdog has also issued a broader policy recommendation to the PSNI, urging a review of its procedures to ensure proper engagement with Irish language speakers in the future.

Vindication and a Call for Respect

KRW LAW welcomed the decision, describing it as a “significant and necessary acknowledgement of the importance of linguistic rights in policing practice.” Solicitor Kevin Winters, speaking on behalf of his client, condemned the initial police response as deeply disrespectful. “Maire’s complaint on police failure to properly engage with her when she spoke in Irish was disrespectful and demeaning,” he stated. “It set a wrong tone which clearly impacted on PSNI operational decision-making.”

Mr Winters conveyed that his client feels vindicated by the outcome, although she remains disappointed that other elements of her complaint were not upheld. “She hopes that what happened to her will never be repeated again,” he added. “She really doesn’t want anyone who chooses to speak in Irish ever again be subjected to the same ordeal endured by her.” This ruling is expected to bolster a separate civil action for wrongful arrest and a pending judicial review challenge concerning her arrest for wearing a T-shirt supporting Palestinian Action.

The Path Forward

The law firm views this decision as a crucial moment for the PSNI’s relationship with the Irish-speaking community. “Overall, this PONI decision puts a marker down for PSNI acceptance and respect for the Irish language,” Mr Winters commented. “We ought never again to witness such an unacceptable policing response to a citizen’s absolute entitlement to speak in Irish.”

Despite this victory, the legal battle is not over. KRW LAW has expressed disappointment that the Ombudsman declined to uphold other complaints related to the escalation of the arrest, its legal basis, and considerations around disability. The firm has confirmed its intention to appeal these specific findings, pledging to continue its efforts to “vindicate our client’s rights in full.”