Changes implemented by the Act

Changes implemented by the Act

The Act officially recognises Irish Sign Language (ISL) as a native language of the State and provides that the ‘community of persons using Irish Sign Language shall have the right to use, develop and preserve Irish Sign Language’.

431

Furthermore, the Act ‘provides for specific duties and obligations in the areas of legal proceedings, educational provision and broadcasting’.

432 The main areas in which the changes have been implemented are outlined

below:

Legal Proceedings A person is entitled to use ISL in any pleading or court.

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Every court has an obligation to do all that is reasonable to ensure that any person competent in ISL and who cannot understand Irish and English appearing or giving evidence before it may be heard in that language (if it is their choice) and furthermore they will not be disadvantaged by doing so.

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For the purposes of ensuring that no person is placed at a disadvantage, the court may cause such facilities to be made available for the simultaneous or consecutive interpretation of ISL.

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Access to interpreting services Under the Irish Sign Language Act 2017 “public bodies shall do all that is reasonable to ensure that interpretation is provided for a person who is competent in that language and cannot hear or understand English or Irish when that person is seeking to avail of or access statutory entitlements or services by or under statute by that public body” .

436 The Act specifies that this

should be at no cost to the person concerned.437 Moreover, the Act refers to funds being

431 Department of Children, Equality, Disability, Integration and Youth ‘Minister Rabbitte Announces Commencement of the Irish Sign Language Act 2017’ (gov.ie, 2020) <https://www.gov.ie/en/pressrelease/50472-minister-rabbitte-announces-commencement-of-the-irish-sign-language-act-2017/> accessed 25 October 2021. 432Department of Children, Equality, Disability, Integration and Youth ‘Minister Rabbitte Announces Commencement of the Irish Sign Language Act 2017’ (gov.ie, 2020) <https://www.gov.ie/en/pressrelease/50472-minister-rabbitte-announces-commencement-of-the-irish-sign-language-act-2017/> accessed 25 October 2021. 433 Irish Sign Language Act, s4 (1). 434 Irish Sign Language Act, s 4 (2). 435 Irish Sign Language Act 2017, s 4 (3). 436 Irish Sign Language Act 2017, s 6 (1). 437 Irish Sign Language Act 2017, s 6 (2).

provided to enable access in ISL,

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to ‘social, educational and cultural events and services (including medical) and other activities’.

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The guidelines under this section specify the events, services, and activities to which the guidelines apply and shall make provision in regard to the management of the support in relation to those events by users of ISL.

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The services include medical services. It is set out in the HSE Patient’s Charter that ‘you should be given information in a language that you can understand’ and ‘should be given the opportunity to ask questions and receive answers that you can understand’.

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The Act covers Mental Health interpreting which covers a wide range of situations, from informal counselling to forensic psychiatric evaluations.

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Furthermore, the service of utilising and being provided access to an interpreter in Garda Stations is covered by the Act.

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Establishment of a Register of Interpreters to regulate ISL interpreters, deaf interpreters and ISL teachers The services of a person providing Irish Sign Language interpretation will not be provided unless the person’s competence has been verified by having been accredited in accordance with an accreditation scheme funded by the Minister for Employment Affairs and Social Protection.

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The Register of Irish Sign Language Interpreters (RISLI) was established in December 2020.445 RISLI aims to protect the users of interpreting services through a standardsbased registration system, set and ensure adherence to standards for the provision of ISL by public bodies, support public bodies to facilitate the use of professional ISL services so the Deaf community can exercise their rights and entitlements, support professional ISL interpreters to meet and maintain standards, promote social inclusion of ISL users including

438 Margaret O’Connor, Gill Harold, ‘A Milestone for access for Deaf Irish Sign Language users’, (hse.ie, 2012) <https://www.ahead.ie/journal/A-Milestone-for-Access-for-Deaf-Irish-Sign-Language-users> accessed 14 November 2021. 439 Irish Sign Language Act 2017, s9. 440 Irish Sign Language Act 2017, s 9 (2). 441 Health Service Executive, ‘National Health Care Charter: You and Your Health Service’, (hse.ie ,2012) <https://www.hse.ie/eng/about/who/qid/person-family-engagement/national-healthcare-charter.pdf >accessed 14 November 2021. 442 Register of Irish Sign Language Interpreters, ‘Guidelines for Working with Irish Sign Language/ English Interpreters’ (risli.ie, 2017) <https://risli.ie/wp-content/uploads/2020/12/Guidelines-for-Working-withInterpreters.pdf> accessed 22 October 2021. 443 Register of Irish Sign Language Interpreters, ‘Guidelines for Working with Irish Sign Language/ English Interpreters’ (risli.ie, 2017) <https://risli.ie/wp-content/uploads/2020/12/Guidelines-for-Working-withInterpreters.pdf> accessed 22 October 2021. 444 Irish Sign Language Act 2017, s 7. 445Margaret O’Connor, Gill Harold, ‘A Milestone for access for Deaf Irish Sign Language users’ (ahead.ie, 2021) 12 <https://www.ahead.ie/journal/A-Milestone-for-Access-for-Deaf-Irish-Sign-Language-users>accessed 14 November 2021.

access to public bodies.

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Furthermore, registered interpreters are required to complete a set number of continuous professional training and work practice hours annually.

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It is necessary for the registered interpreters to act in accordance with the professional Code of Conduct.

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A Complaints and Mediation policy exists, where complaints can be made against a registered interpreter for failing to abide by the Code of Conduct.

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The continuing provision of education

The Minister of Education and Skills will provide ISL classes to the parents, siblings and grandparents or guardians of a child who is deaf.

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Furthermore, the Act provides to establish a scheme to provide ISL support for children attending recognised schools in which the primary language is ISL.

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The Act sets out that it ensures there are programmes for teacher education and training provided by higher education institutions. E.g. to ensure that a sufficient number of educational placements offer Irish Sign Language training for teachers of children who are deaf or hard of hearing and who are attending recognised schools.

452

Broadcasting Act 2009 Principles The Act ensures that Broadcasters fulfil their obligations under the 2009 Act,453

relating to ISL targets and requirements. The Act sets out that the Broadcasting Authority of Ireland (BAI) shall adhere to the principles of equality, dignity, and respect in terms of the promotion and broadcasting of programmes.

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Specific targets were identified for each broadcast service and moreover each broadcaster shall comply with the targets and timeframes that apply to them.

455

446 Margaret O’Connor, Gill Harold, ‘A Milestone for access for Deaf Irish Sign Language users’ (ahead.ie, 2021) 12 <https://www.ahead.ie/journal/A-Milestone-for-Access-for-Deaf-Irish-Sign-Language-users>accessed 14 November 2021. 447 Margaret O’Connor, Gill Harold, ‘A Milestone for access for Deaf Irish Sign Language users’ (ahead.ie, 2021) 12 <https://www.ahead.ie/journal/A-Milestone-for-Access-for-Deaf-Irish-Sign-Language-users>accessed 14 November 2021. 448 Margaret O’Connor, Gill Harold, ‘A Milestone for access for Deaf Irish Sign Language users’ (ahead.ie, 2021) 12 <https://www.ahead.ie/journal/A-Milestone-for-Access-for-Deaf-Irish-Sign-Language-users> accessed 14November 2021. 449 Margaret O’Connor, Gill Harold, ‘A Milestone for access for Deaf Irish Sign Language users’ ( ahead.ie, 2021) 12 <https://www.ahead.ie/journal/A-Milestone-for-Access-for-Deaf-Irish-Sign-Language-users> accessed 14November 2021; Irish Sign Language Act 2017, s 5 (a). 450 Irish Sign Language Act 2017, s 5 (a). 451 Irish Sign Language Act 2017, s 5 (b). 452 Irish Sign Language Act 2017, s 5 (c). 453 Broadcasting Act 2009. 454 Irish Sign Language Act 2017, s 8. 455 Broadcasting Authority of Ireland, ‘BAI Access Rules’ (bai.ie, 2019) <https://www.bai.ie/en/media/sites/2/dlm_uploads/2019/01/AccessRules_2019_vFinal.pdf> accessed 14t November 2021.