7. What assessment has the Counsel General made of the administrative court’s judgement in the case of Driver v. Rhondda Cynon Taf County Borough Council? OQ55555

I have discussed the judgment with the Minister for Education in relation to the implications for educational law. I am considering the wider implications in relation to the interpretation of Welsh language text of legislation, which has equal status with the English text for all purposes.

This judgment was made by Judge Fraser over the summer, wasn't it, and was a success for a group that is fighting to keep schools open in the Pontypridd catchment area, including Ysgol Gynradd Gymraeg Pont Siôn Norton. The deficient decision taken by Rhondda Cynon Taf council meant that a disadvantaged community could have been excluded from Welsh-medium education, and the council now needs to work with the community to bring an alternative proposal forward. It would be disgraceful if the council were to consider appealing the decision. I would like to ask you about the broader significance of the judgment for Welsh language education and the status of the language. Do you agree with me that the robust decision taken by Judge Fraser is a huge step forward in terms of the expectation on courts and public authorities to give equal and appropriate consideration to the Welsh language when decisions are made, and provides protection for other communities?

I’m not in a position to make any broader comments on this policy field because it’s not my policy as a Counsel General that we are considering here. But I’m extremely surprised to hear the Member’s enthusiasm for the judgment, considering the way the judge looked at the status of the Welsh language in the legislation as compared to the status of English in the legislation. There are extremely important questions raised there; it raises important questions about the equal status of the Welsh language in our courts here in Wales. So, I would recommend that the Member looks at that question, in addition to the other questions she has raised today.