4. Will the Counsel General make a statement on the Welsh Government's decision to intervene as a party in Rhondda Cynon Taf County Borough Council's efforts to challenge the administrative court's judgment in the case of Driver versus that council? OQ55730

Currently, we are still considering the precise basis of the application to intervene. The Welsh Government’s interest is in the way Welsh and English texts of the law are interpreted by the courts, which is a matter of great importance to Ministers as both have equal status for all purposes.  

As you mentioned, that is one important issue arising from the administrative court's judgment, namely on the equality of English and Welsh text in law in Wales, but the other, which is, perhaps, of more interest, is the right of every citizen in Wales to have easy access to Welsh-medium education. According to the court's judgment, only 10 per cent of the language impact assessment on the decision to close Ysgol Pont Siôn Norton in Cilfynydd focused on the impact on the Welsh language. The council, in seeking to challenge judgment 2(g), still fails to accept that increasing the number of places in Welsh-medium education doesn't put right withdrawing provision from one community, as it means that those pupils would have been lost forever to Welsh-medium education, and it's the court that made that point. I would emphasise once again that it's a disgrace for any public authority to be challenging the judgment on this basis, and I invite you to tell us unambiguously that you, as a Government, will not challenge the judgment on that basis.

As regards the principle that the Member outlined in the question—that is, the principle of access and augmenting access to Welsh-medium education—the Welsh Government is completely supportive of that, for reasons, I believe, the Member would accept and agree with. But, from the point of view of the policy, as we are still looking at the legal analysis, I will avoid going into detail on that in this discussion. But I would be happy in the future, when that discussion has actually come to a conclusion, as it were, internally, to answer further questions, once the matter has been concluded. But, in the interim I would say, by virtue of my role as Government law officer, that it's important to ensure that we take the opportunity to make the case on how to interpret the Welsh text in legislation and in laws, and also to ensure that that principle of equality is emphasised.

Also, perhaps more broadly—not to enter the policy field but to give you slightly more detail—the question of the interpretation of whether a statutory clause shows a full schedule or list of the circumstances and the criteria that need to be taken into consideration is an important question, with a broader impact, perhaps, than this specific clause. But, as I was saying, in due course, when these decisions are taken internally, and when the legal advice has been assessed, I will be happy to take and answer further questions on those details at that point.