Richard Commission The Welsh Language
Society
|
Introductory Comments
|
| The Welsh Language Society was established in 1962 following
the broadcast of Saunders Lewis’ famous radio lecture,
‘Tynged yr Iaith [The Fate of the Language]’.
Ever since, the movement has campaigned ceaselessly, using
direct and non-violent methods, to ensure a future for
the Welsh language. Over the years, detailed policies
have been developed in the fields of status, education,
housing and planning. |
| The Welsh Language Society is a movement which wishes
to see the development of radical politics in Wales, based
on community socialism values. Politics which will, in
essence, respond to Wales’ needs and which will work
to achieve justice for the Welsh Language, as well as
social and economic justice for the people and communities
of Wales. |
| Therefore the Welsh Language Society naturally welcomed
the establishment of a National Assembly, as the process
of devolving power has a vital role to play in building
the politics described above. The event was identified
as one of the main changes in the recent history of Wales.
It was also emphasised that the Assembly, despite its
weaknesses, had great potential in developing a fair and
Welsh government. |
| However, as we approach the end of the first term, we
believe that the experiences of the past years have shown
that the Assembly cannot operate effectively as a national
body without legislative powers. In many policy areas
it is often evident that the muddled and scrambled nature
of the constitutional settlement stands as an obstacle
to any meaningful and integrated strategy. Furthermore
– looking at matters from the specific perspective
of our campaigns – it is clear that legislative powers
are a must if the Assembly wishes to build a future for
the Welsh language in the modern age. |
| We shall divide our comments into three sections: |
- Some general comments regarding the need for legislative
powers
- The special relationship between the Richard Commission
and the case for a New Language Act
- Other proposals regarding the types of legislation
for which the National Assembly should have power
of implementation
|
|
| Section 1: The general case for legislative powers |
| The Welsh Language Society believes that the present
powers of the National Assembly are inadequate and that
they do not allow it to have a far-reaching effect on
the lives of the people of Wales. Furthermore, it is not
possible for the institution to make meaningful use of
those powers which it does possess, as it is expected
to operate on the basis of a complex and ineffective constitutional
settlement. As a result, we call on the Richard Commission
to recognise the need for a Welsh Parliament with real
legislative powers. |
|
| Lack of clear division of power |
| Problems arise from the fact that the Assembly is a
strange concoction of the corporate Local Government model
and a more parliamentary model with a cabinet. Such an
arrangement leads to fundamental tensions within the body,
raising questions about where exactly power lies or who
is answerable to whom? |
| During the first term, this issue arose following debates
between the minister and the committee. In addition, questions
were raised regarding the relationship both had with civil
servants. As a result, we believe that this is an argument
for a more clear division of power on a parliamentary
model. |
|
| Indistinct and inconsistent powers |
| In contrast to Scotland, the National Assembly has secondary
powers only. So although it has power in important fields
such as education and health, these fields are only partially
devolved. So in view of such a horizontal division of
power, understanding the true powers of the Assembly is
a very difficult task. |
| The muddled nature of these powers was emphasised by
the content of the original transfer orders. These reflected
different ad hoc developments throughout the 80s regarding
secondary legislation. It was certainly not a package
of powers drafted with devolution in mind. |
| The basic problem is that there is no consistent basis
as to which powers have been and are being transferred
to the Assembly and such insecurity makes it difficult
to form any strategy and can cause delay. Of course, in
Scotland the problem does not arise as whole areas have
been devolved. |
|
| Section 2: The relationship between the Richard Commission
and the case for a New Language Act |
| Between Spring 2001 and Summer 2002, the National Assembly
Culture Committee held a detailed review of policies implemented
in relation to the Welsh language. As part of this review,
a number of bodies and movements were given the opportunity
of presenting evidence and of offering recommendations.
All in all, many areas were discussed, but the need to
amend and strengthen the 1993 Language Act was a matter
which was emphasised by a great many bodies, including
the Welsh Language Society. Furthermore, this matter was
the subject of a national petition signed by 15,000 people
and presented to the Assembly in September 2001. |
| In the end, the Culture Committee itself decided not
to call for a New Language Act. However, in its final
report ‘Our language: its future’
it said; ‘with regard to new legislation, the
Richard Commission should look at the possibility of giving
the Assembly enabling powers which would allow it to reform
the 1993 Welsh Language Act by order’. |
| As a result, we call on you to pay close attention to
this, in addition to the evidence that we present here.
We intend to show: |
| Why the 1993 Welsh Language Act needs to be reformed;
and |
| That this reform needs to modify the basis of the present
legislation’s principle and procedure |
|
| 1. The case for reform of the 1993 Language Act |
| By now, an increasing number of people recognise that
there are many weaknesses in the 1993 Welsh Language Act.
Since it was passed, it has not succeeded in extending
the real rights of Welsh speakers and it has not led to
the normalisation of Welsh language use. We therefore
believe that the time has come for it to be reformed and
strengthened. |
| We note here two specific areas which prove the need
for reform of the present legislation: |
| the lack of any clear statement of the status of Welsh
as an official language in Wales |
| the fact that its powers are limited to the public sector
|
| Other matters are discussed in detail in our enclosed
Policy document. |
|
| The need for Official Status for the Welsh language |
| Wales’ official languages need to be identified
as part of its core identity. Doing this would be a symbolic
step towards showing the value that we place on our language
and would be a clear sign to the outside world that Wales
is a bilingual country which needs bilingual services.
Service providers and traders would be aware of the existence
of the Welsh language and the aspiration of the people
of Wales to create a future for it. |
| Welsh already has limited official status in some areas,
but these statements are scattered within different acts.
The 1993 Welsh Language Act discusses treating Welsh and
English on the basis that they are equal under certain
circumstances, which are: |
- in maintaining public business and administering
justice; and
|
- as long as it is ‘appropriate under the circumstances
and is reasonably practical’.
|
| It is therefore evident that there is no obligation
to treat both languages equally. |
| Some say that there is no need to state that Welsh is
an official language in Wales, as there is no such statement
for English. However, English is a de facto official language
in Wales, as English is the only language of the United
Kingdom Parliament, English is the language taught to
refugees, English is the language of court records and
ability to speak English is an essential requirement for
jury service. The United Kingdom does not have a written
constitution and it is this tradition of not stating and
taking things for granted unless proved otherwise that
accounts for the fact that there is no formal statement
of official status for English as there is for other languages
in states which have written constitutions. |
| It must be emphasised that Welsh is a total anomaly
in Europe, as it is not identified as an official language
in its own country. Of course, official status alone is
not enough to ensure the language’s future. However,
by incorporating such a statement into legislation, the
basis can be set for progressive policies. Note that Catalan,
Basque and Galician have official status in the areas
where those languages flourish. |
|
| The right to Welsh language service in all sectors
|
| The Welsh Language Society believes that the main consideration
should not be the provider’s status, be it public,
private or voluntary, rather it should be the fact that
it provides a public service. The responsibility for providing
Welsh language service should be dependent on the nature
of the service and not on the nature of the provider.
It is only by doing this that equal opportunity can be
ensured for Welsh speakers. |
| A clear deficiency in the 1993 Welsh Language Act therefore
is the fact that it does not include services provided
by the private and voluntary sectors. Today, the boundary
between private and public is much less clear, as many
of the old public utilities (water, gas, electricity,
railways) have been privatised. This means that customers
do not have a right to Welsh service. In addition, some
important services are now provided by voluntary organisations. |
| Despite this, some argue that there is no need for legislation
which extends into the private sector. Rather, it is believed
that companies can be persuaded to offer Welsh service
by depending on their good will alone. However, Welsh
Language Society evidence clearly shows that there will
be no fundamental and unassailable progress until legislation
which makes it obligatory is secured. |
| The importance of legislation in this context is proven
by reference to a meeting that was held between a delegation
of the Society and some of Vodafone’s senior officers.
The clear message was that there would be no change in
the company’s Welsh language policy until the legislative
situation changed. The United Kingdom counted as one unit,
with English as its language. For commercial companies
such as these and their competitors, who work in a broad
market, it is legislation that sets the game rules –
once the law has been passed, they then have to create
the mechanism to comply with it. Welsh should be at the
centre of that mechanism, rather than having a situation
where people have to persuade every individual company,
while hoping for the best. |
| In the end, it is the state’s responsibility to
intervene in the market, so as to ensure the basic rights
of the most disadvantaged in society. After all, social
exclusion is not a healthy thing. Legislation to protect
the rights of women, ethnic minorities, the disabled and
the environment already affect business and industry.
Good will in itself is not enough to ensure real rights
for various groups. As any worthwhile campaign group –
from the environment to the disabled – knows, succeeding
in gaining good will is not a measure of success, rather
it is not having to depend on it at all. |
|
| 2. The need for fundamental changes |
| In discussing the need to reform and strengthen the
1993 Welsh Language Act, we emphasise that fundamental
procedural changes are necessary. It is not good enough
that the measure, in its current form, is merely amended
a little to include the above points. It must be accepted
that there are great problems concerning the whole implementation
of the act. We note some of them here: |
|
| The need for National Attainment Standards |
| In discussing extending the act into the private sector,
we are not arguing for producing more and more individual
language schemes. We believe that the system of forming
language schemes should be abolished as it is an ineffectual
way of maintaining Welsh language service. Consider that
some public bodies have still not presented language schemes,
almost 10 years after the old act became law. |
| Instead of language schemes, a matrix of National Attainment
standards should be presented for different types of bodies
and businesses, and all bodies and businesses would be
expected to comply with the standard according to its
place on the matrix. |
| The matrix standards would be based on various factors
such as: |
- the nature of the service
|
|
|
- the level of public engagement
|
|
|
- the number of Welsh speakers in the provider’s
area
|
| Operating such a system would offer a way of prioritising
where the need is greatest, but at the same time would
establish a timetable which moves towards normalising
the use of Welsh. This is a much stronger system than
the language schemes – a system which in essence
directionless and full of individual opt outs. |
|
| Establishment of a democratic and accountable
administration, monitoring and planning system |
| We believe that there is need for fundamental change
to the current system where the Welsh Language Board,
an unaccountable body, is responsible for administering
the act and for monitoring its implementation. |
| We call for the abolition of the Welsh Language Board
and the establishment of a Welsh Language Council
to promote the language and to bring together representatives
of all the sectors which currently implement policies
which are favorable to the Welsh language. This will be
a statutory body and all subject committees and departments
in the Assembly will have to consult with the Council
in forming and implementing policies. This body will incorporate
best practice and information regarding development of
bilingual services. |
| The Council should also include the establishment of
a National Centre for Term Standardisation and
a Language Planning Body, with specialist
staff responsible for forming a socio-linguistic map of
Wales and preparing advice for promoting and protecting
Welsh, and long-term plans for the language which would
have input into all Assembly Committees and departments. |
| We also call for the establishment of a Language
Commission with the statutory duty of monitoring
the implementation of the Act and powers to enforce in
cases of non-compliance as well as award compensation
to people who suffer as a result of non-compliance. The
Language Commission would deal with complaints regarding
lack of Welsh language provision and would try to resolve
language disputes. |
|
| Section 3: Specific Proposals regarding the types
of legislation that the National Assembly should implement |
| We outline here another specific area which is central
to the future of the Welsh language and the communities
of Wales and which once again emphasises the need for
the National Assembly of Wales to have legislative powers. |
|
| Housing and planning and the need for a Property
Act |
| The Welsh Language Society calls on the National Assembly
to ensure a Property Act which will lead
to the adoption and implementation of housing and planning
policies which will set a firm basis for the future for
all the communities of Wales, the Welsh language and the
natural environment. |
| By passing a Property Act, the National Assembly should
adopt the following principles as a basis for its housing
and planning policies: |
- that housing and property are considered as needs
and not commercial commodities
|
- that local access to current housing stock and property
is promoted and ensured
|
- that house and property prices reflect the local
market
|
- that the planning procedure protects and serves
local communities
|
| In addition, the Assembly should establish a democratic
Housing Forum to represent the interests of local authorities,
housing providers and their tenants, as well as others
in the sector, in discussions and decisions on national
housing and planning policies. |
| Most people by now recognise that there is a housing
crisis in the communities of Wales. We see our communities,
especially those that were the backbone of the Welsh language,
changing fast as local people are pushed out of the property
market and richer outsiders take over. So we have two
entwined situations – the housing crisis and the
communities’ and Welsh language crisis. It is the
system which permits this that is to blame, not individuals.
As a result, a Property Act is the only
way of ensuring fairness for the people and communities
of Wales. |
|
| Conclusions |
| At the end of the National Assembly’s first term,
there is now an increasing consensus which is of the opinion
that the body cannot operate effectively without possessing
legislative powers. The Welsh Language Society supports
this call, and calls on you to recognise this in your
conclusions. |
| In the specific case of the Welsh language, we believe
that it is senseless that Westminster alone has the power
to legislate on matters which concern the language. It
is likely that neither the expertise nor the time is there
to deal fairly and effectively with such matters. Indeed
if there is any case that can be said to be unique to
Wales – this is it. |
|
| The Welsh Language Society |
| March 2003 |
