Alun Pugh AM
Minister for Culture, Welsh Language and Sport
Y Gweinidog dros Ddiwylliant, y Gymraeg a Chwaraeon
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Cardiff Bay / Bae Caerdydd
Cardiff / Caerdydd
CF99 1 NA / CF99 1 NA
Switchboard / Switsfwrdd
02920 825111
FAX: 02920 89 8635
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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 |
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26th August 2003
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| 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 |
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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.
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| 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. |
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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.
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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.
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| Broadcasting |
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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.
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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.
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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.
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| 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 |
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