Legislation Committee No. 5

Proposed National Assembly for Wales (Legislative Competence) (Welsh Language) Order 2009

Consultation Response

IG3(o) Stonewall Cymru

General Consultation:

1: Should the National Assembly for Wales be able to make laws on the promotion and use of the Welsh language?

As an equality and social justice organisation we feel it is important for an appropriately robust and comprehensive legislative context to exist to promote and further equality in all 7 strands of equality currently identified. In the case of the Welsh Language it is fitting that this legislation should be made in Wales, as the National Assembly for Wales has a far greater understanding of the actual situation and laws needed regarding the Welsh Language than Westminster.

2. Should the National Assembly for Wales be able to make laws about which services the public should be able to receive bilingually?

Further to our response to question 1, we feel that in order for an equality law to have a positive impact on the group of people it represents and achieve the aim of eliminating discrimination and promoting equality of opportunity it must be robust enough to affect real change on the ground and in people’s lives. We believe that the ability to legislate for services to be provided bilingually will allow Welsh Speakers to be able to use their first language and expect a certain level of service delivery appropriate to their needs, which is not currently the case.

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?

Stonewall Cymru welcomes this provision of the order, as we feel it is a basic right to be able to communicate in the language of your choice, particularly in the country where said language is a native language, without fear of persecution or discrimination. Work should be done around the implementation of any laws on this provision in order to promote understanding of the right to use the Welsh language.

Detailed Consultation:

4. As explained above we warmly welcome legislative competence being conferred on the National Assembly for Wales in these matters.

5. We broadly agree that this order will allow the National Assembly for Wales to carry out the functions of the Welsh Language Board and build on these.

6. We are delighted at the range of services covered by the provisions of the order and feel that this will allow for real change and effective implementation of the measures. We do not feel that it would have a negative impact on the third sector nor place an unrealistic burden on them. We also welcome the extent of the order in relation to covering other non public sector organisations when they are commissioned to carry out a public service. This will ensure consistency of bilingual service delivery, regardless of service provider.

7. We believe that the definition of public authorities used in the Order is the correct one.  However, we would like to ensure that when legislation is drafted and enacted resulting from this Order, that the meaning of the words "public authority” be clearly explained. A comprehensive list of which bodies constitute 'public authorities' should also be provided in order to avoid confusion.

8. We believe it is necessary to include a definition of "postal” and "telecommunications” services. We are concerned that these services should not be interpreted too narrowly, especially in the case of "postal services”. Providing this is covered by the Order we are happy with the definitions currently proposed.

9. We feel it is necessary to define "public money”, especially as there are many Third Sector organisations in receipt of this money who will benefit from a clear definition. It is our view that £200,000 is an appropriate minimum limit. This will allow for appropriate regulation of other organisations delivering projects and services on behalf of the public sector, without placing an unduly harsh legal burden on smaller and under-funded organisations, as Lesbian, Gay and Bisexual (LGB) organisations often are.

10. We feel that the proposed matter 20.2 is very broad and would support this. We believe this will allow the Assembly to legislate as outlined in the explanatory memorandum.

11. We agree with the view that for the purpose of consistency across functions and bodies articles 4 and 5 are necessary to ensure full effectiveness of the Order. The necessity of the provision in the articles that approval needs to be given by the secretary of state avoids complications of transferral of national powers, which might otherwise be a difficult issue.

12. We feel the LCO is sufficiently broad and cannot foresee any issues arising from the Order not being broad enough. We would encourage the Assembly to see this Order in the broader context of promoting good practice and use of the Welsh Language given an equal status to English in the private and Third sectors too. We understand that these are not covered by the scope of the Order and that it would be inappropriate to do so.