BGW2 EV4A

Legislation and the Welsh Language

A response to the White Paper on Better Governance for Wales

Elin Jones A.M.

Introduction

Better Governance for Wales proposes the enhancement of the legislative competence of the National Assembly. In this context, I believe it is timely to ask the question: 'who should legislate on the Welsh language?’ The Welsh language is of unique interest to Wales. Previous legislation on the Welsh language has always been geographically-specific to Wales and to services delivered in Wales. Therefore, it is logical to conclude that, within a wider debate on the enhancement of the National Assembly’s legislative powers, the opportunity could be taken to allow the Assembly to become the legislative body on all policy matters to do with the Welsh language.

This Paper has no view on what or when such Assembly legislation on the Welsh language should be - that would be a matter for Assemblies in the future. But perhaps it is worth stating here, that this proposal is not a back-door attempt to seek legislation that requires the private sector to provide services bilingually. In fact, nothing could be further from the case. It is obvious that there is a large political majority in the Assembly, as in Westminster, which would oppose such legislation. It is a matter of regret, I believe, that discussion on legislation and the Welsh language over the last few years has focussed exclusively on the use of Welsh by the private sector.

The purpose of this Paper is purely to propose a case and a means for the National Assembly to become the appropriate body to legislate on the Welsh language, whatever that legislation may turn out to be.

The White Paper

The White Paper states in Section 3.18 that "The power would be framed to ensure that no Order could give the Assembly powers over the whole of any fields listed in Schedule 2 of the Government of Wales Act". The Welsh language is listed as one such field in the Act. Straight away therefore the White Paper prohibits the Assembly gaining full legislative competence in the field of the Welsh language. The White Paper says that Orders in Council could only be framed for discrete policy areas within the field of the Welsh language. An obvious current example of this would be the Assembly Government’s intention to seek a statutory base for Y Dyfarnydd.

However, section 3.18 precludes framing one Order in Council that would allow the Assembly to create legislation on all policy matters within the field of the Welsh language. What this means in practice is that everytime the Assembly wishes to create or amend a piece of legislation within the field of the Welsh language, it will be required to seek further Orders in Council. It would be far more efficient to allow the Assembly to create legislation or Assembly measures without a need for further Orders in Council. Such legislation could be amending legislation or it could be new legislation not already covered by statute, as proposed in Section 3.16 of the White Paper. All legislation of course would be subject to consultation with Westminster departments operating in Wales as with other interested parties.

Proposal

If the principle is accepted that the National Assembly is the appropriate body to pass legislation on the Welsh language, then making the Welsh language an exception to section 3.18 is the means of putting that principle into action.

My proposal therefore is that the Welsh language should be exempted form Section 3.18 and at any point in time the Assembly could request that an Order in Council be placed in Westminster that would allow the Assembly to pass legislation on policy matters within the field of the Welsh language. The National Assembly would become the law-making institution in the field of the Welsh language.

Elin Jones

July 2005