3. Questions to the Assembly Commission – in the Senedd on 22 May 2019.
2. Will the Commission make a statement outlining the steps being taken to ensure that the Welsh Government lays documents before the Assembly in Welsh? OAQ53911
Thank you very much for the question. The Table Office checks every document that is laid. If a bilingual version has not been provided, a member of staff will get in touch to ask whether there’s one available. According to Standing Order 15.4, documents can be laid in one language if it is not appropriate in the circumstances, or not practically reasonable to provide a bilingual version. The Welsh Government is subject to this Standing Order.
When collating the statistics for the annual report on the Commission’s official languages scheme last year, a substantial proportion of documents laid by the Welsh Government were found not to have been laid bilingually. The majority of these documents were explanatory memoranda, and the reason for not submitting them bilingually according to the Government was because it was not practical to do so. I was not happy with that, and in my capacity as the Commissioner with responsibility for official languages, I wrote to the Business Committee for further guidance. And the Business Committee requested that officials discuss the matter. Assembly Commission officials met with Welsh Government officials in March. During the meeting, they discussed how the Welsh Government could improve the number of documents laid bilingually, and the possibility of setting targets for this increase, with the aim, ultimately, of laying all their documents bilingually.
I thank the Commissioner for that response. The background to this question is that the Minister for health and his department had laid regulations placing duties in terms of the Welsh language on primary care service providers as well as an explanatory memorandum, and they were tabled in the Table Office on 9 May this year. The explanatory memorandum laid was monolingually available in English. This is staggering, in my view, particularly given the subject of the document. Members of the constitutional affairs committee shared my concerns about this and we will be writing to the Government to express those concerns. I've also received advice from the Welsh Language Commissioner, who more or less confirms that the Government is in breach of its standards in this case. If the Government doesn't think that it’s reasonable to ensure that we as Members representing the public should be able to see a document of this kind in Welsh, what further steps can the Commission take to ensure that it isn't possible for the Government to act counter to the spirit of the official languages Act and to its own Welsh language standards in laying business before this Assembly?
Thank you to Dai Lloyd for that supplementary question and for drawing attention to this problem. In the first place, may I say that I share your disappointment that the Government has failed to provide a Welsh language version of the explanatory memorandum to those specific regulations relating to the Welsh language in primary care when that memorandum was laid? It does not comply with the spirit of the scheme. I do understand that Assembly officials have gone back to ask the Government whether there was an intention to provide a bilingual version of the memorandum, and there was confirmation that there was no intention to provide a Welsh language version.
The Commission does expect the Welsh Government to respect the right of our Members to work in their language of choice, and it is not possible for Members to have that choice in preparing for proceedings if those documents aren't available. We also expect the Welsh Government to submit documents in both languages at the same time. It is not acceptable for those who wish to read documents in Welsh to have to wait longer—a very long time sometimes—for the Welsh language version.
As I said, I have already written to the Business Committee about this and I understand that discussions between Welsh Government officials and Assembly Commission officials, on the request of the Business Committee, have been positive ones. But, this specific case suggests that there is a need to take further steps, and I will ask officials to look at what further steps can be taken.
Thank you. Question 3 is to be answered by Commissioner David Rowlands. Huw Irranca-Davies.