Alun Pugh AM
Minister for Culture, Welsh Language and Sport
Y Gweinidog dros Ddiwylliant, y Gymraeg a Chwaraeon

Cardiff Bay / Bae Caerdydd
Cardiff / Caerdydd
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Rt Hon Lord Richard QC
The Commission on the Powers and Electoral Arrangements
of the National Assembly for Wales
Commission Secretariat
Caradog House
1-6 St Andrews Place
Cardiff
CF10 3BE

26th August 2003
My Lord,
1. I am pleased to set out my written evidence to your Commission. This evidence updates the evidence submitted by my predecessor in this post, Jenny Randerson AM, last November. This evidence looks at 3 specific areas, namely the Welsh language, Lottery funding and broadcasting.
The Welsh Language

2. My predecessor's evidence outlined the position of the Welsh Language Act 1993 in relation to Crown Bodies. Due to the way the Act has been drafted, the Assembly Government depends on the goodwill of Crown bodies to adhere to the spirit of the Welsh Language Act when they are responsible for providing and delivering public services in Wales. The then Government gave a commitment when the current Act went through Parliament in 1993 that these bodies would prepare Welsh Language Schemes as if they were required to do so by the Act and that those Schemes would be prepared to the same standard as the Schemes of named bodies. Successive Governments have largely adhered to that commitment.
3. Noting the comments of the Welsh Language Board in their written evidence regarding the quality and timeliness of Welsh Language Schemes prepared by Crown bodies, our recent negotiations as regards the Criminal Records Bureau did underline the weakness of the current legislation. Lobbying at the highest political level secured a satisfactory resolution to the situation, and the Criminal Records Bureau now has a Welsh Language Scheme agreed by the Welsh Language Board to ensure that it provides an appropriate level of service to individuals and organisations in Wales to give effect to the principle of treating Welsh and English on a basis of equality. Nonetheless, it can hardly be regarded as satisfactory that we depend on the goodwill of UK Government Departments and Ministers to give effect to the Welsh Language Act in relation to Crown bodies operating in Wales, although effective lobbying has worked in virtually all individual cases so far.
4. As the Commission will by now be aware, for the Assembly Government to have the power to require all public and crown bodies in Wales to provide Welsh language services of the appropriate quality would need either an amendment of the current Act, or a new Welsh Language Act.
5. I have also been asked to consider whether the National Assembly could pass laws binding on non-devolved bodies in relation to their activities in Wales if it had general primary law-making powers. Our legal advice is that Parliament could choose to give the Assembly power to direct government departments and Crown bodies in nondevolved areas since Parliament is quite unfettered in these matters. I would welcome the National Assembly being given primary law-making powers in relation to the language. This would be consistent with the responsibilities of the Assembly Government in relation to promoting and supporting the Welsh language - Section 32 of the Government of Wales Act gives the National Assembly a general power to do anything it considers appropriate to support the Welsh language.
6. The Commission asked for an update on the position regarding utility companies. The Assembly Government is committed to extending the scope of the Welsh Language Act to cover the utilities, as is outlined in laith Pawb, the Assembly Government's National Action Plan for a Bilingual Wales. To this end, the Assembly Government is preparing a statutory instrument which will seek to designate water companies under the Welsh Language Act for the National Assembly's consideration early in 2004. This is the first in a number of statutory instruments focussing on the utilities, and reflects the Assembly Government's commitment to fully explore the potential of the current legislation.
Lottery Funding
7. Following last year's UK-wide Review of Lottery Funding, the previous Culture Minister wrote to the Rt Hon Tessa Jowell MP seeking a further transfer of her powers in relation to Lottery distribution arrangements in Wales. This position was supported by Culture Committee and the Assembly itself.

8. The Lottery White Paper launched by Tessa Jowell on 3`d July acknowledges that the devolved administrations in Wales, Scotland and Northern Ireland should have more influence in setting specific priorities and strategies for their countries. It goes on to say that DCMS will legislate to achieve this if necessary. I am seeking an early meeting with Tessa Jowell with a view to agreeing a way forward for Wales.

9. The aim of the Welsh Assembly Government is to secure distribution arrangements that are sensitive to the needs and aspirations of local communities throughout Wales.
Broadcasting

10. The Communications Act received Royal Assent on 17th July. The Act introduces a new regulatory regime for the broadcasting and communications sector, and the Assembly Government agrees with the main policy objectives of the Act. Broadcasting and communications is clearly of major importance to the lives of all the citizens of Wales, and although this policy area is non-devolved, the Assembly Government will nonetheless be fully engaged with the UK Government and the new regulator, Ofcom, in representing particular Welsh interests and concerns.

11. Wales will not have a nominated member on the 9 person main board of Ofcom, although I understand that one of the board members does have links with Welsh academia. There will be specific national members on both the Content Board and the Consumer Panel. Following representations from the Assembly Government, the Act ensures that there will be an Ofcom Office in Wales, and the Assembly Government is in discussions with Ofcom regarding the particular roles and policy functions of this national office.

12. As the Bill progressed through Parliament, the Assembly Government drew the attention of Welsh MPs and Lords to its outstanding concerns in relation to the Communications Bill. A number of the Lords noted the Assembly Government's wish to see the establishment of National Advisory Committees for Ofcom on a statutory basis. Following debates in the House of Lords, the UK Government introduced its own amendments to the Bill in early July, ensuring that Ofcom will be statutorily obliged to establish a National Advisory Committee for Wales. This Committee will be tasked with advising Ofcom on communications issues in relation to Wales and will have an independent chair. The Committee will have an important role in advising and informing Ofcom of communications issues as they affect Wales - but the Assembly Government will also be fully involved with this policy area at a strategic level.
13. The Act does not fully address all of the Assembly Government's concerns. For instance, more clarity could have been achieved on the face of the Act regarding our role in certain appointments, and in ensuring that Ofcom has a statutory duty of consultation with the devolved administrations. Although statutory duties would have been preferable, the Assembly Government will be working with Ofcom to ensure that these issues are covered in a Memorandum of Understanding between the two bodies.
Yours sincerely
Alan Pugh signature