6. Debate on a Member's Legislative Proposal — A British Sign Language (BSL) Bill.

Part of the debate – in the Senedd at 3:31 pm on 24 February 2021.

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Photo of Mark Isherwood Mark Isherwood Conservative 3:31, 24 February 2021

Diolch. Based on official statistics, the British Deaf Association believe that 7,200 people in Wales use BSL, of whom 4,000 are Deaf. In October 2018, calls were made at the North Wales 'Lend me your ears' 2018 conference for British Sign Language legislation in Wales, looking at the 2015 British Sign Language (Scotland) Act, and their national BSL plan, published in October 2017, establishing a national advisory group including up to 10 deaf people who use BSL as their preferred or first language. Although the Wales Act 2017 reserves equal opportunities to the UK Government, Senedd lawyers have confirmed that a BSL (Wales) Bill would be compliant if it related to the exceptions listed in it.

The BSL (Scotland) Act was passed on 17 December 2015, marking a new era in the deaf community's campaign for the legal recognition of BSL across the UK. The Northern Ireland Assembly has also recently recommenced preliminary legislative work on both British and Irish sign languages. My proposed BSL Bill for Wales seeks to ensure that the deaf community and people with hearing loss have a voice in the design and delivery of services to ensure they meet the needs of service users, with actions including the establishment of a BSL national advisory group in Wales.

The British Deaf Association have told me that my proposed Bill is very important for their deaf members and supporters in Wales, who've been campaigning for a BSL Act in Wales for several years. Although they've been commissioned by the Welsh Government to develop a new BSL charter for Wales, they tell me that my, quote, 'planned BSL Bill is an enormous step forward, and if it's anything like the BSL Bill in Scotland, will receive unanimous and total support of all the parties.' 'It's a win-win', they said. They added their hope that this motion will be warmly received by the Senedd and convince the Welsh Government to establish a cross-party working group, where this coming together and working together was a critical factor in the success of the BSL Bill in Scotland.

My proposed Bill would make provision to encourage the use of BSL in Wales and improve access to education and services in BSL. In 2019, Deffo!, Wales's deaf youth forum, submitted a petition to the Senedd to improve access to education and services in BSL. They state their disappointment that nothing has happened since then and that one of the most important things is that BSL starts in early years and is continued through the whole of educational development. On National Deaf Children's Society—or NDCS—Cymru's advice, the Welsh Government established an advisory group on access to the new curriculum for BSL users and to develop guidance, which is currently out for consultation. However, an independent review of opportunities for families of young deaf children to learn sign language, published by the Welsh Government, confirmed NDCS's view that opportunities are far too limited, and that many families of deaf children want to learn to sign to aid communication with their deaf child, but feel unable to do so. The Royal National Institute for Deaf People state that weaknesses in the 2011 census resulted in many people who use BSL not being captured. They say that experience from Scotland has shown that their national advisory group have struggled to get local authorities to engage with and develop their BSL plans, suggesting that any future BSL legislation in Wales must place duties on local authorities and be sufficiently enforced. As they state, a BSL Bill would not be a means to an end in itself, but act as a platform to ensure improved services for the deaf community and people with hearing loss, and improve the support currently offered, so people can fully engage in things like employment and education. As they also state, the Bill should be seen as a piece of enabling legislation, to help focus efforts to improve BSL skills within public services and address communication support, so costs are not borne by the people who need additional help to tackle the barriers faced by D/deaf people and those with hearing loss, when the cost of BSL classes is so high. 

RNID staff want to see improved access to education and lifelong learning, employment, volunteering, media and news and arts, culture and leisure. It is the view of Senedd legal services that a Bill about British Sign Language similar to Scotland's British Sign Language (Scotland) Act 2015 would be within the Senedd's legislative competence, and the wording of my legislative proposal has been drafted with them to achieve this. The only potential issue will be whether this Bill would fall under the equal opportunities reservation under paragraph 187, Schedule 7A of the Government of Wales Act 2006. In January 2004, the Welsh Government recognised BSL as a language in its own right. The exclusion of language in the definition of equal opportunities reserved to the UK Government in the 2006 Government of Wales Act suggests that the equal opportunities reservation would not apply. Scotland is also subject to the equal opportunities reservation, and the Scottish BSL Act provides a good precedent for Wales, where Senedd legal services are not aware of any legal challenge to the Act by the courts. As a D/deaf constituent told me, 'This BSL Bill is important. BSL is a language in its own right, with its own grammar and vocabulary, which enables many of our deaf, deafblind, and hard-of-hearing citizens to learn, work, be creative, live life to the full and make their contribution to our culture and our economy.'

I hope Members will support my proposal accordingly. Thank you.