Legislation Committee No. 5
Proposed National Assembly for Wales (Legislative Competence) (Welsh Language) Order 2009
Consultation Responses
IG4(o) - Mentrau laith Gymraeg
A Paper by Mentrau Iaith Cymru
Mentrau Iaith Cymru is pleased to have been given the opportunity to submit evidence to the Legislative Committee and to respond to the Welsh Assembly Government’s intention to submit further legislation in respect of the Welsh language.
Through this proposed measure, we hope to realise the main commitments of One Wales
regarding the Welsh language, including confirming the official status of the Welsh and English languages and defining the linguistic rights of individuals who use the Welsh language.
1. Should the National Assembly for Wales be able to make laws on the promotion and use of the Welsh language? [see also questions 4, 5 and 11 below]
Yes. Mentrau Iaith Cymru is supportive of the idea that the National Assembly for Wales should have the right to legislate on matters relating to the Welsh language. The Welsh language is unique to Wales, and it makes sense for decisions on legislation concerning the Welsh language to be made in Wales, where there is understanding and expertise regarding the linguistic situation.
2. Should the National Assembly for Wales be able to make laws about which services the public should be able to receive bilingually? [For more detailed consideration of this aspect, see questions 6-9 and 11 below]
Yes. It makes sense for decisions on legislation concerning the Welsh language to be made in Wales, where there is understanding and expertise regarding the linguistic situation. Because of this, it is reasonable that the Assembly should legislate in relation to which services the public should be able to receive bilingually.
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? [see also question 10 below]
Yes. Ensuring that individuals have the freedom and right to use the Welsh language with each other is vital, and we believe that the National Assembly for Wales should be able to legislate in this area. Welsh speakers have the right to equal treatment as do English speakers. Thers is also a need to put an end to situations where Welsh speakers are forced to speak English against their will by employers etc.
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.
Matter20.1: Promoting and 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 other (including any limitations on it).
Mentrau Iaith Cymru is supportive of the general principle that the Assembly should be given legislative competence in the area identified in Matters 20.1 and 20.2.
5. The Explanatory Memorandum states that Matter 20.1 would echo and build on the principles that underpin the 1993 Act 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 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-sections under (h).
We welcome the contents of the list.
It is important to remember that this is only one step towards the creation of a fully bilingual Wales. Therefore, the list is quite narrow in terms of covering all possible future legislation, therefore we believe that the following areas need to be included as a minimum;
1) Every Sector that offers a public or voluntary service, specific sections of the private sector, administrators of public tenders.
2) Education, to ensure Welsh medium education and access to Welsh lessons for everyone in Wales.
3) Planning and Economic Development. The ability to intervene in these areas if they affect the demographics of the Welsh language.
7. Is the definition used for "public authorities” in 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 appears appropriate, but there is cause for concern that it does not include partnerships that provide public services such as Spacial Plans, Children and Young People’s Partnerships, Local Service Boards etc. There is no reason to exclude them.
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 "Interpretion of this field” section in the proposed Order necessary and appropriate? If not, how should they be re-drafted and why?
The definitions appear appropriate, but there is a need to ensure that they include all kinds of mobile phone companies that offer their services to the people of Wales.
9. In relation to Matter 20.1, bub-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 specify the definition of "public money” in the proposed Order? If so, is it appropriate (as noted under "Interpreting this area”)?
(ii) Duties would only be placed on people who receive more than £200,000. Is £200,000 the right threshold for the Assembly to be given legislative powers?
In (i), it appears that the definition of public money is appropriate and necessary in terms of clarity. It also appears that the threshold of £200,000 is reasonable. However, we believe that any body receiving public money below this amount needs to commit to a basic language scheme. Ideally, commitments could be introduced dependent on the level of grant received.
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 other (including any limitation on it)”)? Will it allow the Assembly to legislate in future to implement the policy proposal as outlined in the Explanatory Memorandum?
Mentrau Iaith Cymru welcomes the principle, especially if Assembly legislation would prevent past situations where attempts were made to prevent Welsh speakers from using the Welsh language with each other in the workplace or with their customers. A person’s right to speak Welsh should not be restricted, and such an act should be considered an offence or illegal.
There is also a need to ensure a Welsh speaker’s rights to use the Welsh language as an operational language in the public sector workforce.
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?
Mentrau Iaith Cymru does not believe that there is any reason to exclude Crown bodies from the requirement to comply with the same duties as other public bodies and prepare a Welsh language service in Wales.
12. Are there any other Matters 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 in order to address these Matters?
Mentrau Iaith Cymru is supportive of the contents of the Government’s One Wales document to ensure rights for the Welsh language, official status for the Welsh language and to create a language commissioner. We must ensure that the aims of the document are realised, and it is vital that the Language LCO is put in place to facilitate the achievement of these aims. It should ensure that the fundamental principle of legislation on the Welsh language is moved to Wales. It should also ensure that the basic LCO principles conform to British and European legislation which protects basic human rights.
Mentrau Iaith Cymru February 2009
