Legislation Committee No. 5
The Proposed National Assembly for Wales (Legislative Competence) (Welsh Language) Order 2009
Consultation Responses
IG49(o) Ceredigion County Council
Consultation on the Welsh Language Legislative Competence Order
March 2009
Ceredigion County Council’s Response
1. Should the National Assembly for Wales be able to make laws on the promotion and use of the Welsh language?
The National Assembly for Wales is the appropriate place to legislate on matters concerning the Welsh language. The Welsh language is generally unique to Wales and legislation relating to it will mainly affect the people of Wales in terms of status, services and citizens’ rights. It is therefore reasonable that responsibility for legislation on matters concerning the Welsh language should rest with the Assembly.
2. Should the National Assembly for Wales be able to make laws about which services the public should be able to receive bilingually?
The Assembly should legislate on the provision of bilingual services because the people of Wales will constitute the vast majority of people using these services. The Assembly also develops policies in a unique way which meets the needs of the people of Wales. In view of this, the linguistic nature of those services is a core consideration. Consequently, the National Assembly should be able to legislate about which bilingual services should be available.
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?
Human rights is an area which continues to develop. The freedom / right of individuals to speak Welsh with one another is a fundamental principle of a civilised society. Responsibility for ensuring the right of the citizens of Wales to use the Welsh language should rest with the National Assembly for Wales. Ensuring these rights is of the utmost importance and the wording of the Order should reflect this and also guarantee that people have the freedom to use the Welsh language.
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. Matter 20.1: Promoting or facilitating the use of the Welsh language; and the treatment of the Welsh and English languages on the basis of equality; Matter 20.2: 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).
We support the principle that legislative competence should be conferred on the Assembly in relation to promoting and facilitating the use of the Welsh language, the treatment of the Welsh and English languages on the basis of equality (20.1), and ensuring the freedom of persons to use the Welsh language (20.2). However, there is scope for broadening the level of competence. This change is a natural progression from the provisions of the 1993 Welsh Language Act.
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?
Matter 20.1 builds naturally on the functions of the Welsh Language Board and the principles of the Welsh Language Act 1993. However, there is scope to further extend the principles of the act in this order.
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 list of persons on whom the Assembly would impose duties to provide particular services bilingually is to be welcomed. However, the scope of the proposed Order is too narrow. In accordance with the present Government’s emphasis on citizen centered services, a wider definition of public services should be considered. This definition could include persons who provide services such as banking, insurance, all types of transport, sports and leisure facilities, voluntary services, and formal and informal partnerships which provide public services. For example, bus services should be included along with rail services in order to ensure consistent services for the people 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?
The definition of public authorities is appropriate.
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?
The definitions of ‘postal services’ and ‘telecommunications services’ are appropriate.
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 propose 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?
The definition of public services is appropriate. The amount appears to be reasonable and is practical for the purposes of Government and National Assembly monitoring. However, it may cause confusion and uncertainty for citizens in terms of knowing when they have the right to a bilingual service.
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?
Ensuring the right of the citizens of Wales to use the Welsh language with one another is a fundamental principle of a civilised society. The human rights aspect of legislation is developing rapidly and we agree that this clause will confer the appropriate competence on the National Assembly to guarantee the implementation of this important principle.
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?
As a matter of principle, citizens should not have to differentiate between Crown Bodies which provide services for the people of Wales and public authorities fulfilling the same function. Nevertheless, in the context of the current devolution arrangement, it is inevitable that there will be a certain amount of ambiguity in relation to the duties of Crown Bodies. However, the Measure should contain sufficiently flexible provisions to take account of the fact that the present devolution arrangement may continue to evolve.
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?
We generally welcome the contents of the Order and the Memorandum – they represent an important historical development in the area of legislation relating to the Welsh language. The specific provisions of the Order are reasonable and build on the principles of the 1993 Act. It is also important to ensure that the Order confers on the National Assembly the specific powers to consider the Welsh language in other areas of legislation, as well as the ability to draw up appropriate Measures specifically on the Welsh language.
E M Bronwen Morgan
Chief Executive
Ceredigion County Council
Neuadd Cyngor Ceredigion
Penmorfa
Aberaeron
SA46 0PA
