Findings of illegality made against Stormont Communities Minister Gordon Lyons in a High Court battle to obtain an Irish language strategy were unwarranted, a judge has ruled.
Mr Justice McAlinden held that further information on steps taken by Mr Lyons meant a previous determination that he failed to respond to his own department is to be rescinded.
“Any such criticism of the Minister was unwarranted,” the judge stated.
He confirmed, however, that the Executive remains in collective breach of a clear legal obligation to implement an Irish language strategy.
The final outcome was reached in campaign group Conradh na Gaeilge’s latest challenge to the ongoing delay in adopting a blueprint.
Two courts have previously declared Stormont is in breach of a legal duty to ensure an initiative which dates back to the 2006 St Andrews Agreement.
Based on the continued alleged violation, Conradh na Gaeilge brought further judicial review proceedings against both the Executive and the Department for Communities (DfC).
The language campaigner claimed an unjustified failure to act, and that Mr Lyons has unlawfully “thwarted” any implementation.
It was confirmed in court that a strategy will not be in place before the current Assembly’s regime ends in May 2027.
In his first judgment last month, Mr Justice McAlinden rejected any suggestion of DfC officials dragging their heels or deliberately going slow as “completely groundless”.
Instead, he identified an ongoing failure by the Executive to meet a legislative obligation imposed under the Northern Ireland Act 1998.
He initially held that Mr Lyons had failed to provide a proper response to his own department’s requests to approve submissions about its responsibilities and actions before the hearing ended in June.
At that stage Mr Justice McAlinden said no explanation had been given and indicated a declaration would be issued against the Minister to highlight this illegality and irrationality.
It subsequently emerged, however, Mr Lyons did in fact formally respond back in May this year.
The Minister signalled he was content for strategies to go to commissioners overseeing the project, but noted that funding and wider Executive agreement is still not in place.
Evidence of his response only emerged after the first judgment was issued due to a departmental “oversight”.
In a supplementary ruling, Mr Justice McAlinden acknowledged there was no basis for the criticism he had previously directed at Mr Lyons.
“The substance of (his) response certainly does not give one any hope that any Irish Language Strategy will be presented to the Executive Committee any time soon,” he said.
“But it has to be said that the response is not significantly out of step with the responses received from a number of other Ministers.”
He added: “Contrary to my conclusions in the first judgment, I do not consider it either appropriate or necessary to make any form of declaration in relation to the Minister for Communities.”
Mr Lyons cannot be blamed either for the “unfortunate omission” in failing to inform the court at an earlier stage in proceedings, according to the judge.
He confirmed: “I am of the view that only one declaratory order should issue in this case and that will issue against the Executive Committee.”