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National Assembly for Wales (Legislative Competence) (Welsh Language) Order 2009

I thank the noble Lord for having presented this statutory instrument as well and as clearly as he has. The Welsh language is a very emotional business, as is the Irish language. I come from Ireland, as most people here will probably know, and I love the Irish language—in the same way as I am sure all Welsh people love the Welsh language. Long may they both live. That is my personal and, I think, my party’s stance. I urge some caution, because this issue has difficulties, pitfalls and costs. I also suggest that, as far as possible, we look at it in a voluntary way. It is absolutely right that the Assembly has the power to do what it will with the language. As the Minister said, there can be no other place to run and manage the Welsh language than the Welsh Assembly. That has to be central to all our thinking. The Conservative Party has a proud record on the Welsh language. The Welsh Language Act, piloted through Parliament by my noble friend Lord Roberts of Conwy, has done much to generate good will for the language, with the consequence that increasing numbers are using it today. The 1993 Act has always encouraged participation on a voluntary basis. It is applicable to public bodies but other organisations have adopted their own Welsh language schemes. Although we should not second-guess what the Assembly Government will do with the competence transferred to them, it is clear from the list of bodies that could potentially be subject to the legislation that they intend to extend compliance with Welsh language schemes to bodies other than public bodies. These include gas, water and electricity suppliers, telecommunications companies, bus and railway companies and post offices. It would be a concern if, by imposing duties on such a wide list of bodies, the Assembly Government were to do anything to damage the good will that has developed towards the Welsh language since 1993. The draft LCO also provides that no duties may be imposed on any person under any legislation that might be brought forward by the Assembly Government under the provisions of the LCO unless there is a means to challenge those duties on grounds of reasonableness and proportionality. That is all very well, but it appears that the LCO contemplates the setting up of a significantly large bureaucracy to administer the Welsh language legislation. One must also have regard to the current adverse economic climate. Complying with a Welsh language scheme will undoubtedly cost a lot of money. Consequently, the Welsh Assembly Government should be very careful about imposing duties on bodies not currently subject to compliance with Welsh language legislation if to do so would potentially prejudice the viability of an otherwise successful organisation. This is where clear and positive thinking has to be divided from emotion, desire and passion. The LCO also provides that duties may be imposed on persons providing services to the public who receive public money amounting to £400,000 or more in a financial year. It is unclear how the figure of £400,000 has been arrived at. The figure of £200,000 in the original draft order appears to have been plucked out of the air, and the new figure is clearly simply that previous figure doubled. I am afraid that the Minister is having a busy time with numbers this afternoon but perhaps he can advise us how that figure has been arrived at. The legislative competence extends also to imposing duties to comply with Welsh language schemes on persons engaged in central banking. Given that there is only one central bank in this country—namely, the Bank of England—it is hard to see why competence should be sought in respect of that body. Perhaps the Minister could explain the reason for including the Bank of England within the ambit of the order. There is also a significant concern with regard to post offices. Most post offices in Wales are run by sole proprietors or, frequently, husband and wife teams. They are frequently not Welsh-speaking; indeed, traditionally, running a sub-post office has been regarded as a semi-retirement job for people from across the border. It would be unfortunate if the imposition of compliance with a Welsh language scheme were to deter such individuals from setting up in business in Welsh villages. It is all very well having an appeals process, but it is unlikely that prospective purchasers of sub-post offices would wish to go through such a process and the very existence of an appeals process might amount to a deterrent. To summarise, the Welsh Assembly Government should think carefully as to whether, and when, they should impose new duties in respect of compliance with Welsh language provisions. The current legislation has approval and public support. It has made the Welsh language a vibrant part of Welsh national life. The Assembly Government should think carefully before doing anything at all which would damage the good will that the language currently enjoys and which might ultimately prove counterproductive.