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 3:55 pm on 19 June 2019.

Alert me about debates like this

Photo of Vaughan Gething Vaughan Gething Labour 3:55, 19 June 2019

I recognise the comments made today. I have asked by officials to ensure that, in future, when we make regulations about the use of the Welsh language through health and social care, we alert and engage with the specific subject committee but also with the Culture, Welsh Language and Communications Committee earlier in the process. I do recognise the points that have been made, not just about health and social care policy and further policy and regulations, but the comments made about the broader Government approach, because I actually welcome scrutiny from Members in this Chamber. I still remember myself being a backbencher and wanting to take a proper role in the scrutiny process, to challenge and also to improve legislation too. 

But I do wish to place on record my genuine and sincere regret that the Welsh language version of the explanatory memorandum was not laid at the same time as the English version, as it should have been. But I would not want that genuine oversight—and I recognise that I'm not trying to soft-soap or say it didn't happen—I wouldn't want that to detract from the benefits that I believe these duties will have to patients to take part in healthcare in a primary care setting. And here, I think, there is a departure from the argument made by Dai Lloyd in moving the motion.

On a general point, though, regarding the translation of the explanatory memorandum, officials are discussing this with the Assembly Commission officials and reached an agreement in principle that we will progressively increase the number of explanatory memoranda for statutory instruments that are laid in Welsh before the Assembly. Further work is under way to look at the significance of that in terms of the time required in the delivery of legislation and supporting documents to be laid before the Assembly in both official languages.

As has been noted, the duties actually came into force on 30 May, so with the regulations having already been made, passing the motion would mean revoking and having to remake the regulations, which would delay the introduction of the duties. Some Members may not support the scheme or the regulations, but we have worked with not just providers, not just stakeholders in delivering services, including their representative bodies, but the scheme that we have has the support of the previous Welsh Language Commissioner and the current one. 

So, moving on to the duties themselves, the approach to Welsh language duties in the contracts, in terms of service for independent contractors, results from consideration and consultation on the draft Welsh language standards regulations for the health sector in 2016. The consultation responses reported that there was a widespread belief that it was not reasonable to place standards on local health boards that would make them responsible for any failure to comply by one of the independent primary care contractors. That is of course due to how services are delivered under nationally agreed contracts and terms of services. But primary care services delivered directly by local health boards will be subject to the Welsh language standards set out in the compliance notices for individual health boards.

There are practical reasons that need to be explored further—[Interruption.] Yes.