The Status of the Welsh Language In the Senedd's Work

4. Questions to the Senedd Commission – in the Senedd on 23 September 2020.

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Photo of Siân Gwenllian Siân Gwenllian Plaid Cymru

(Translated)

1. Will the Commission make a statement on the status of the Welsh language in the Senedd's work in light of the administrative court’s judgement in the case of Driver v. Rhondda Cynon Taf County Borough Council? OQ55557

Photo of Rhun ap Iorwerth Rhun ap Iorwerth Plaid Cymru 4:07, 23 September 2020

(Translated)

I thank Siân Gwenllian for that question. What happened in this case was that the administrative court re-emphasised the principle that legislative texts made by the Senedd in Welsh and in English have the same weight in law. Both languages therefore need to be consulted in order to properly interpret legislation.

Here in the Senedd, we are on strong legislative foundations as a bilingual legislature. Section 156 of the Government of Wales Act 2006 notes that English and Welsh texts have equal status in legislation. In addition to that, the National Assembly for Wales (Official Languages) Act 2012 states that we have two official languages in the Senedd. The official languages scheme outlines how we treat both languages on that basis. So, we welcome the administrative court's decision to highlight and confirm the equal status of the Welsh language within the legislative context.

Photo of Siân Gwenllian Siân Gwenllian Plaid Cymru 4:08, 23 September 2020

(Translated)

Thank you very much. Yesterday, I had an opportunity to discuss this significant court judgment with the Counsel General. There are two significant aspects with regard to this judgment and the Welsh language, and one—the one that we were discussing yesterday—is the right to a Welsh education within a reasonable distance of the home.

Now, I'm raising another matter that was part of that judgment with you today, namely that it's the first time for the Welsh language text of legislation to play a significant part in a legal case, and that's relevant to us. The council in Rhondda Cynon Taf disregarded the Welsh version of the School Standards and Organisation (Wales) Act 2013 and was incorrect to do so, according to the justice. There was also a question with regard to a difference in meaning between the Welsh and English versions of the legislation.

So, do you agree that there are important questions arising from this judgment that require due regard to be paid to them by the Government, Commission and external experts such as the Welsh Language Commissioner, and that there are questions such as ensuring the quality of our bilingual legislative processes, the need to upgrade the status of the Welsh language, and the role of the Senedd in driving forward parity of esteem between the Welsh language and the English language, for the sake of the Welsh language? So, I'd ask you for a commitment today to a careful analysis about the significance of this judgment and any changes that should be made as a result of it. 

Photo of Rhun ap Iorwerth Rhun ap Iorwerth Plaid Cymru 4:10, 23 September 2020

(Translated)

Thank you for that question. I think Siân Gwenllian is entirely right in emphasising the real significance of this judgment, and I am eager for that to be given proper and detailed attention by the Commission and the Government. I am certain that this is something that will certainly be of interest to the Welsh Language Commissioner's office.

I agree that seeing the Welsh language being confirmed so emphatically in its status should encourage us to ensure that our bilingual legislative processes are robust, and are more robust. It should give us confidence as a Senedd to increase the use of the Welsh language in this Senedd. I invite Members to contribute their ideas on how that can be done as the Members' survey is distributed this week.

And the other point I'd like to make is that the official languages scheme is being reviewed for the sixth Senedd. This adjudication gives that a different context and strengthens the context of that, and I would encourage Members to contribute to that work when the Commission's consultation on it opens.

Photo of Ann Jones Ann Jones Labour

Thank you. Question 2 and question 3 this afternoon will be answered by the Llywydd. Question 2, Andrew R.T. Davies.