Legislation Committee No. 5
The Proposed National Assembly for Wales (Legislative Competence) (Welsh Language) Order 2009
Consultation Responses
IG15(o) - Merched y Wawr
LCO Consultation – The Welsh Language
Response from Merched y Wawr Steering Committee
– Charity 506789 representing over 6,600 members.
As a Voluntary Sector group operating through the medium of Welsh, we are grateful for this opportunity to respond. We are very aware of the everyday difficulties faced by individuals trying to live their lives and obtain services through the medium of Welsh.
We feel that this legislation presents us with an opportunity to safeguard the Welsh language. Although it is only one small step, it is an important step for the future. Opportunities must be provided for people to use the Welsh language and enjoy socialising in Welsh. It must be a living language which grows and evolves. Merched y Wawr offers social and cultural opportunities and holds over 3,000 events a year across Wales, all through the medium of Welsh.
1. Should the National Assembly for Wales be able to make laws on the promotion and use of the Welsh language?
Without a doubt – the Assembly should definitely have the right to make laws on the promotion and use of the Welsh language in Wales, where there is an understanding and expert knowledge of the linguistic situation. The law could ensure official status for the Welsh language which will define clear linguistic rights for the people of Wales, enabling them to use Welsh in all aspects of their lives. It could also establish a Commissioner for the Welsh Language. It makes little sense to deprive Wales of legislative powers. Wales needs suitable laws for its people. It is difficult to justify a situation wherein the National Assembly for Wales makes laws on other matters, but not on a subject which is vitally important to Wales – the Welsh language.
Merched y Wawr believes that the National Assembly for Wales should make laws on all matters relating to the Welsh language.
2. Should the National Assembly for Wales be able to make laws about which services the public should be able to receive bilingually?
Yes, certainly. This is a natural progression from previous Acts. The Welsh language is very different from all other matters for which the Assembly is responsible as it is unique to Wales. Any laws relating to the Welsh language have a far greater impact on the people of Wales than the rest of Britain. The ability to receive regular services of a high standard through the medium of Welsh makes a big difference to an individual’s daily use of the language.
The National Assembly for Wales should decide which services the public should be able to receive bilingually and all public services should be included in the order.
3. Should the National Assembly for Wales be able to make laws on the freedom of persons to use the Welsh language with each other?
Yes – this is vitally important. Our members feel very strongly about this matter – and believe that this should be one of the fundamental rights of every person in Wales.
4. What are your views on the general principle that legislative competence in the area identified in Matters 20.1 and 20.2 be conferred on the Assembly? i.e. Promoting or facilitating the use of the Welsh language; and the treatment of the Welsh and English languages on the basis of equality. Provision about or in connection with the freedom of persons wishing to use the Welsh language to do so with one another (including any limitations on it).
At present the Welsh and English languages are not treated on the basis of equality. Examples of this can be seen every day. We therefore agree with the principle of conferring legislative competence on the Assembly.
5.
The Explanatory Memorandum states that Matter 20.1 would echo and build on the principles that underpin the Welsh Language Act 1993 and would allow the Assembly to legislate on the range of functions carried out at present by the Welsh Language Board, and to build on these functions. Do you agree that it will allow the Assembly to do this? If not, how should it be amended?
We agree that the contents of Matter 20.1 build on the Welsh Language Board’s functions and also on the principles of the 1993 Act.
6.
What are your views on the scope of the proposed Order with respect to the categories of persons on whom it would allow the Assembly to impose duties to provide particular services bilingually to the public e.g. is it too narrowly or broadly drawn (Matter 20.1 (a) - (i))? Please indicate clearly to which sub-section(s) your comments relate i.e. (a) - (i) and any particular sub-sub-sections under (h).
The law should be able to have an impact on the use of the Welsh language in everyday life. The categories identified could be extended and we believe that many more public services in Wales need to be included, e.g.
banking, internet banking, savings, credit, borrowing, insurance e.g. car insurance, large shops, public transport services, e.g. scheduled bus services, traffic infrastructure – airports, ports, bus stations, tollgates, sport and leisure facilities, and conference venues and telephone companies offering services in Wales. People should also have a right to Welsh language court hearings and Welsh-speaking juries.
The National Assembly for Wales should make laws on the freedom of persons to use the Welsh language with each other, and the focus of the legislation should be on users, that is the citizens of Wales.
7.
Is the definition used for “public authorities” for this Matter appropriate (“each public authority within the meaning of section 6 of the Human Rights Act 1998”)? If not, what definition should be used and why?
No it is not – we do not feel that this is sufficiently clear or broad. It also excludes partnerships which provide public services such as Children and Young People’s Partnerships, Local Service Boards, Health, Care and Welfare Partnerships etc. Why have these been excluded? Shouldn’t the clause be amended to show that they are included?
All sectors offering public services must be included, including the voluntary sector and specific areas of the private sector. Education has not been identified either, and it is important to offer Welsh medium education and access to Welsh lessons to all the residents of Wales. Economic Development and Planning should also be included.
8.
Matter 20.1 would allow duties to be imposed on "telecommunications services” and "postal services and post offices” (Matter 20.1 sub-section (h)(iii) and (h)(iv)). Are the definitions used for “postal services”, and “telecommunication services” under the “Interpretation of this field” section in the proposed Order necessary and appropriate? If not, how should they be re-drafted and why?
Welsh-speakers should be able to receive services from telecommunications companies, postal services and post office services through the medium of Welsh. We feel that this should include any developments in the field of technology, including online customer services.
9. In relation to Matter 20.1, sub-section (e) – “persons providing services to the public who receive public money amounting to £200,000 or more in a financial year”, and includes “moneys made available directly or indirectly”: (i) Is it necessary to set out the definition of “public money” in the proposed Order? If so, is it appropriate (as set out under “Interpretation of this field”)? (ii) Duties would only be imposed on the recipients of more than £200,000. Is £200,000 the right threshold for the Assembly to have legislative powers?
We do not feel that the sum of £200,000 of public money will benefit regulation; how will the public know which companies have received such a sum? For how long after receiving the money will companies be required to provide a bilingual service? A year or more? And how can “services” be defined? Will supermarkets in receipt of more than £200,000 of public money be included? Will money from other public sources such as Lottery Grants be included?
10.
Is the scope of Matter 20.2 appropriate ("provision about or in connection with the freedom of persons wishing to use the Welsh language to do so with one another (including any limitations on it)”)? Will it allow the Assembly to legislate in future to implement the policy proposal as outlined in the Explanatory Memorandum?
This point is not very clear. We are concerned about the inclusion of a clause limiting a person’s freedom to use the Welsh language. Welsh speakers must have the right to use Welsh as the language of work in the public sector workforce.
We believe that this legislation would fulfil the main commitments contained in the One Wales document relating to the Welsh language, namely to confirm the official status of the Welsh and English languages; define the linguistic rights of individuals with regard to the receipt of services; and establish a Language Commission.
The law would put an end to those unfortunate examples in the past when attempts were made to prevent Welsh-speakers from speaking the language at work.
11.
What are your views on Articles 4 and 5 of the proposed LCO which deals with the application of the proposed LCO to Crown bodies?
We agree with this. Crown bodies are expected to comply with the same duties as other public bodies in terms of providing bilingual public services in Wales.
12.
Are there any other issues which would have implications for the effectiveness of any future Measures, because the proposed LCO is insufficiently broad? If so, can you suggest how the proposed LCO would have to be broadened to address these issues?
The basic principles of the LCO must be consistent with British and European legislation on safeguarding fundamental human rights.
If the Assembly wanted to add to the list of public service providers in the future, would it be necessary to go through the same process of drawing up an LCO and submitting it before the Assembly, the House of Commons and the House of Lords? Shouldn’t there be a clause to ensure that this can be done in the Assembly in the future?
Thank you for the opportunity to respond.
Tegwen Morris – National Director
Merched y Wawr
