Revenue loses appeal over tax booklet language

Written By Unknown on Jumat, 20 Februari 2015 | 22.40

The Revenue Commission has lost a High Court appeal against a decision of the Office of The Language Commissioner over information Revenue distributed amongst the general public between 2012 and 2013 regarding the Local Property Tax.

It was the first appeal of its kind against the Language Commissioner.

An information booklet about the tax was delivered to 1.6 million households.

The Irish language version was distributed to only a few thousand homes.

The Language Commissioner undertook an investigation, having received a number of complaints from the public.

The Language Commissioner decided that the Revenue Commission had breached Article 9.3 of the Official Languages Act, under which public bodies are obliged to communicate with the public in general bilingually or in Irish only.

The Revenue Commission did not accept the decision of the Language Commissioner and appealed against it.

It argued that this was not a case of "communication with the public in general" because each information booklet was included, with a letter, in an envelope.

It argued that the envelopes were addressed to particular families or individuals at particular postal addresses.

The appeal was heard last November.

Judge Colm Mac Eochaidh today ruled that the Revenue's argument could not be accepted.

If it were, he said, it would mean that obligations under the Official Languages Act could always be avoided simply by placing information or communications in envelopes.

This, he said, was not in keeping with the spirit of the legislation as passed by the Houses of the Oireachtas.

The Revenue Commissioners have three weeks to appeal the decision, should they wish to.

A decision on costs will be made next Friday.

Language Commissioner Rónán Ó Domhnaill welcomed the decision, saying it clarifies the obligations involved when dealing with the public.


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