A BAN on the use of the Irish language in courts in the North which stretches back to 1737 was put to the test yesterday.
In the High Court in Belfast Mr Justice Treacy was asked to hold that the centuries-old ban should be quashed as it was in conflict with the Human Rights Act and European treaties.
The claim of discrimination against the Irish language arose in an application for judicial review brought by Caoimhín Mac Giolla Catháin, a member of the Shaw's Road Gaeltacht community in west Belfast.
He applied for a drinks licence in Irish for a concert in the Cultúrlann centre on the Falls Road.
But he was informed that the application had to be in English under the Administration of Justice (Language) Act Ireland 1737 which states "all proceedings in courts of justice within this kingdom shall be in the English language".
The statute was passed by the Irish Parliament - itself abolished by the Act of Union in 1801.
Irish language campaigners were in court to hear Michael Lavery, QC, say: "This case is not one of hard and fast rules. It is a general commitment, a promise if you like, on the part of the government that they will do everything that they can to foster the Irish language."
Paul Maguire, QC, replied that the government at Stormont was the prime authority to decide the issue. The hearing is due to end today.