5. Motion to annul the National Health Service (Welsh Language in Primary Care Services) (Miscellaneous Amendments) (Wales) Regulations 2019

Part of the debate – in the Senedd at 3:35 pm on 19 June 2019.

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Photo of David Lloyd David Lloyd Plaid Cymru 3:35, 19 June 2019

(Translated)

Thank you very much, Deputy Presiding Officer. And I move the motion on the annulment of the regulations on primary care and the Welsh language. The primary care sector—dentists, opticians, pharmacists, and GPs—are responsible for 90 per cent of patient experiences in the health service, and, indeed, it’s the starting point for most on their journey on the care pathway. These are the most vulnerable people, with the greatest need, where receiving treatment through the medium of Welsh can be crucial, such as in the case of those with dementia, or young children who speak no other language other than the Welsh language.

The Government pledged in the spring of last year, in exempting primary care providers from the standards for the rest of the health service, that specific regulations would be introduced in order to secure rights for the Welsh language in primary care through the service contracts. But, we are here today looking at regulations that don't provide any statutory rights, or even half a statutory expectation, of receiving face-to-face services through the medium of Welsh for patients. At best, over time, we will see a few new Welsh signs as a result of these new regulations. There is nothing here: no rights, no expectations, and no change.

A quarter of a century since the passing of the Welsh Language Act 1993, and eight years since the passing of the Welsh Language (Wales) Measure 2011 that established official status for the language, and seven years since the Government adopted 'More than Just Words', which committed them to providing health services through the medium of Welsh proactively, these limp regulations don't even provide the most basic things such as noting the language of choice of the patient—something that is crucial to plan Welsh language services. What’s the purpose of encouragement? Even if the will, the time and the resources were available to the health boards to ensure that encouragement was there, these regulations don't even require a record. They don't ensure any actionable legal right of any value. And neither do they provide assurances of having a Welsh language service, even when that is a matter of clinical need. That, in and of itself, just shows how deficient these regulations are, and why they need to be annulled and redrafted.

But on top of that, the Minister has shown the same disregard for this Senedd, and democracy, in introducing these regulations, as he shows to the linguistic needs of the most vulnerable people in our society in terms of the content of the regulations. He didn't attend committee to respond to questions. He’s even refused the request of my colleague Delyth Jewell, who is a member of the committee, to discuss the way forward before today's debate. Such is his disregard for the Welsh language, he hadn't even bothered to translate the explanatory memorandum for these regulations into Welsh at the time of their introduction, although it was only five pages long. So, in introducing language duties, the department has gone against its own language responsibilities. You couldn't make it up.

But what is clear is that the Government is concerned about the views of the profession. Indeed, the only bodies listed in the explanatory memorandum as bodies that were consulted by Government are the five professional bodies. It’s clear that their views are more important than those of the elected representatives of this place. They had far longer than 21 days to have their say; indeed, they had over a year. The Culture, Welsh Language and Communications Committee had to insist on holding a very brief inquiry within the 21 days they had, and seven of those days were during recess. If a committee Chair doesn't deserve the respect of this Government, then who does? To whom are they accountable? This is no way to treat our national Parliament.

So, rather than having an open, transparent debate on these issues, in order to ensure the best for our patients and users of the Welsh language, we have a Government that has done everything within its power to avoid accountability to this Senedd on the content of these regulations. I, as Chair of the Health, Social Care and Sport Committee, the Chair of the Culture, Welsh Language and Communications Committee, and the Chair of the Constitutional and Legislative Affairs Committee have complained, but you haven't listened. It is damning. The strategies and the warm words have failed. Now is not the time for first steps and encouragement; it is time to have far firmer regulations in order to safeguard and expand the rights of Welsh speakers. Members of the Assembly have the opportunity to ensure that today by supporting the annulment of these regulations.