Legislation Committee No. 5
The Proposed National Assembly for Wales (Legislative Competence) (Welsh Language) Order 2009
Consultation Responses
IG5(o) CYDAG
Inquiry on the Legislative Competence Order:
The Welsh Language
February 27, 2009
Comments by the Association of Schools in favour of Welsh-medium Education (CYDAG)
We present CYDAG’s evidence, while emphasising that we see this LCO as only one step towards the process of linguistic planning in our own country. By way of an introduction, we refer to the Richard report, as it contains the basis of this current process. The Richard Commission’s findings empower the feeling of Welsh nationhood in the section on the historic and international context (2004 19-20). There are some clear themes: first, the inevitable evolution in devolving powers, which is demonstrated not only in ideas but in terms of the words that are used, which are full of messages regarding movement/development: 'momentum’ (which is used four times), 'expectations’, 'increasing’, 'direction of travel’, 'added a new democratic dynamic’. Secondly, it refers to the Welsh tradition of promoting change from the bottom up, influencing the micro and, to an extent, the meso. Thirdly, in the second chapter, warmth is expressed towards a nation that was oppressed (centuries ago), and there is a genuine attempt to see the future of Wales in a new, wider context, namely the theatre of the European Union.
1. Should the National Assembly for Wales be able to make laws on the promotion and use of the Welsh language?
The Assembly is now the only appropriate body to do this.
2. Should the National Assembly for Wales be able to make laws about which services the public should be able to receive bilingually?
CYDAG believes that the National Assembly has the right to legislate on the Welsh language. It is therefore reasonable that the Assembly, following wide consultation, should outline which services the public should receive bilingually. As is outlined in the Welsh Assembly Government’s Explanatory Memorandum, the Government is investing in 'a programme of action to deliver efficient, effective, citizen centred public services’ (p.4). If that is the case, every public service, no matter which sector the provider is in, 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. Many people do not realise that we do not have fairly basic linguistic rights. We do not believe that a law will save the language, but it is extremely important that we have one to maintain and strengthen linguistic equality (let alone educational provision and learning and teaching materials).
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).
This raises the argument regarding the rights of the individual and groups. We agree with the argument that the individual has the right to speak an indigenous language (or languages), the right to learn the language, and to use it in formal education and in his or her day-to-day life. As this right is inherent to the individual, some thinkers such as Skutnabb-Kangas and Phillipson argue that the right continues wherever you live. That is, it raises the question regarding territory and personality. This appears to be an extremely liberal, and impractical, viewpoint. Practising this could be counter-productive in some linguistic situations. For example, immigrants to Wales from England or another country would have the right to receive all their education (or nearly all of it) in their indigenous language. In terms of the National Curriculum and the Welsh language, it would be interesting in terms of international law to argue against making it compulsory to teach Welsh: what would be the right of the individual? What right does a Welsh person who moves to England have to receive his or her education through the medium of Welsh? It is likely that it would be argued that that would be unreasonable and impractical. And that is when you find yourself in a vicious and pragmatic circle, which perhaps explains why there is not much provision for immigrants or asylum seekers in their first languages in Wales.
The continuation of a language from generation to generation is an essential part of the rights of the individual. Consideration of the rights of the group means collaboration between individuals, be they peoples or the population of a country, who share the language and the culture of the individuals.
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. The 1993 Act is a very practical and pragmatic document: it defines functions, without stating that the Welsh and English languages, de jure, are official languages in Wales. It is another issue that we have no problem with accepting that the two languages are equal de facto.
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).
We believe that the greatest need is to train workers to speak and respond to the public in Welsh. This is compatible with the Welsh tradition of steady progress with a pragmatic approa
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?
It appears that the definition is appropriate, although it is necessary for the Assembly to ensure more clarity in terms of the definition for citizens when it comes to forming a measure.
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”, "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?
To ensure clarity, it is essential that the definitions for telecommunication services and postal services (especially given the steps taken to privatise part of this service) remain as they are in order to ensure continuity when it comes to forming the measure.
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?
We believe that this is a practical step that is likely to receive fairly wide support.
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?
By 2005, the Welsh Language Board’s Strategic Plan fulfilled the objective of 'ensuring that linguistic rights have a central part to play in terms of equal opportunities in Wales’. There is not much discussion about rights in the chapter on 'The Individual and Language Rights’ in Iaith Pawb, but it is full of pragmatism and action points; after all, the subtitle of Iaith Pawb is A National Action Plan for a Bilingual Wales.
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?
Exempting Crown bodies is not an option.
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 believe that there is a way of incorporating educational needs in terms of the Welsh language into legislation, which will come, we hope, in a series of language measures to promote the Welsh language. We believe that the Learner Travel (Wales) Measure 2008 has set a precedent for Welsh-language education planning in a holistic way, and we congratulate the Assembly for the success of this process. There is an opportunity to add power to the process of measuring the need for Welsh-medium education, and, by implementing the outcomes of the survey, to step forward to reverse the linguistic shift. This is an excellent example of linguistic planning through an education regime.
We wish to close by referring briefly to social justice. One way of fighting for minority linguistic and educational rights is through the principle of social justice. Often, arguments regarding multilingualism and diversity do not succeed in changing the relationship between hegemonic powers. What is needed is a belief that the majority (and strongest) ethnie has a duty on the grounds of justice to accept such rights.
In Wales, much reference has been made to the supremacy of the English and, in education, the Treachery of the Blue Books. Among campaigners, reference is made to the negative attitude of local government leaders or unsympathetic education officers in the past. Currently, it seems that there is an attitude of looking forward, rather than backward, perhaps because the nation has become more self-confident.
Some underline the enormity of the task of persuading the majority of the legitimacy of minority rights, especially because the process challenges the hegemony of the nation-state and, as a result, the role of the majority ethnic group in the nation-state. In Wales, this has begun in many different ways through national institutions, broadcasting in the Welsh-language sector, the law, education, the Welsh Language Board, the Welsh Language Act 1993, the Assembly’s review of language and culture, the feeling of Welshness that flows through the Richard Commission Report (not all of its proposals were implemented), and, historically, the publication of Iaith Pawb and the Assembly Government’s policy aspiration to move the whole nation for the first time in the direction of speaking Welsh under the guise of bilingualism.
Perhaps it is through dual development that success will be achieved, namely the continuous campaigning from the bottom up by individual and influential campaigners and then the guidance and vision of those select and wise politicians who believe in the development of the nation, not only through the economy, health, education, and social inclusion, but also through the Welsh language and Welsh culture.
As the European Union expands, if additional pressure was brought to bear within the day-to-day procedures in Brussels to reduce the number of languages that are used in the Union’s business, that could encourage the governments of less-powerful countries, along with academics and experts in international law, to try to empower international law in the area of minority language rights. On the other hand, if one followed the more pessimistic attitude of Fishman, the lesser-used languages would only contract further.
As the solidarity of Europe as a political unit grows stronger, as its legislation empowers its various partners, as its general currency creates a greater feeling of belonging to a huge organisation, and as the economic policies of the countries become more similar perhaps and less competitive, we should be aware of linguistic uniformity; that would water down the rich cultural and linguistic inheritance of Europe in the world.
Hasten the day when Wales can implement its own vision through its own legislation.
