10. Legislative Consent Motion on the British Sign Language Bill

Part of the debate – in the Senedd at 5:30 pm on 26 April 2022.

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Photo of Mark Isherwood Mark Isherwood Conservative 5:30, 26 April 2022

'there is clearly an appetite for such BSL legislation across the Senedd chamber. We will continue to pursue this on behalf of the D/deaf community'.

Although I've continued to submit bids for a private Member's Bill in this Senedd accordingly, I've not yet been successful.

My motion noted that my proposed Bill would 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. Scores of deaf people and deaf-led groups across Wales contacted me in support of this, telling me that, although the Welsh Government was developing a new BSL charter for Wales, my planned Bill was an enormous step forward. Only one person wrote in opposition.

I was, therefore, delighted to hear Labour MP Rosie Cooper being interviewed on the radio last year about her British Sign Language Bill in the UK Parliament, co-sponsored by Conservative Lord Holmes of Richmond. Following its First Reading on 16 June 2021, the British Sign Language Bill to give BSL full legal status and deaf people access to essential services and information in their first language was given an unopposed Second Reading in the House of Commons on 28 January, after securing the UK Government's support, and was passed after its Third Reading on 18 March.

Well, according to the 2020 'Independent Review of BSL Provision for Adults in Wales', around 7,500 people use BSL in Wales, including around 4,000 who are D/deaf. And 151,000, including over 87,000 deaf people for whom BSL is their preferred language, use the language across the UK. Although the UK Bill creates a duty for the UK Government to prepare and publish BSL reports describing what Government departments have done to promote the use of BSL in their communications with the public, the UK Bill specifically excludes reporting on matters devolved to Scotland and Wales, with clauses 2 and 3 of the explanatory notes stating that,

'The devolution settlements for both Scotland and Wales provide that the "promotion of equal opportunities" is a reserved matter. However, there are significant exceptions to this, which in practice mean that the encouragement of equal opportunities is a devolved matter.'

The Bill does not extend the reporting or guidance duty to the devolved administrations, i.e. Governments, of Scotland and Wales.

The Welsh Government laid this legislative consent motion on 8 March, under Standing Order 29.2, which states:

'it is appropriate to deal with these provisions in this UK Bill as the Bill’s promotion of equality of opportunity is commensurate with our own position and offers no direct interference with devolved functions. I therefore recommend the Senedd gives its consent to these provision being included in the Bill.'

It goes on to say,

'The Bill does not affect the operation of any enactment or rule of law and it does not place any obligations on the Welsh Government or other devolved Welsh Authorities....The Bill gives legal effect to British Sign Language as a language in Wales through imposing duties and obligations on reserved'—

i.e. non-devolved—

'authorities and there would be nothing to prevent the Senedd from legislating in a similar way to impose similar duties and obligations on devolved Welsh Authorities.'

In response to my written question on what plans the Minister has to introduce a BSL Bill in Wales, the Minister said on 11 March:

'Welsh Government already recognises British Sign Language (BSL) as a language of Wales as of 2004. The BSL Bill contains provisions to recognise BSL as a language in England, Wales and Scotland.'

Adding that,

'The British Deaf Association (BDA) were commissioned to undertake an audit of Welsh Government’s BSL policies and service provision with a view to signing up to their BSL Charter. The audit resulted in a Report providing high level recommendations. The BDA and officials are discussing the findings and will finalise the Report.'

And, key to this:

'Consideration of the need for specific Welsh legislation will form part of these discussions.'

Therefore, the Welsh Government could bring forward primary legislation, possibly similar to the Scottish British Sign Language (Scotland) Act 2015 or the Act currently being considered in Northern Ireland.

I contacted the chair of the BDA and asked them about that statement, and he's told me today—. I'll finish by quoting him:

'We worked hard engaging with the Welsh Government Departments and Welsh Deaf Community members. Welsh Government made some comments on the final draft BSL Audit report and so, we will correct and re-submit the final BSL Audit report shortly. I understand that the report will go to the Disability Rights Workforce for considerations and recommendations. BDA Wales submitted a new proposal for the next step on the BSL Charter in Wales and we hope that they will favour the proposal. Again, we strongly believe that the Welsh Deaf Community wants a BSL (Welsh) Act, so it would be marvellous if they could find out from the Northern Ireland Department for Communities what progress they're making on the BSL and ISL—Irish Sign Language—legislation there.

'BDA Wales would really like to continue working with Mark, other MSs and Welsh Government officials to consider the possibility of introducing a cross-party BSL (Welsh) Bill'.

Will the Minister therefore state whether the Welsh Government will support a BSL (Wales) Bill during this Senedd term when, as I now know they will, the BDA will recommend to you that you do so?