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

My Lords, this is one of the most extensively considered orders ever to come before your Lordships, as we can see from the excellent Explanatory Memorandum. It has been subjected to pre-legislative scrutiny in the National Assembly and in the House of Commons Welsh Affairs Select Committee and it has been debated in the Welsh Grand Committee. It has had a very full breakfast of consultation and there is probably more to come as Assembly measures based on the order take shape. All that is entirely appropriate, given that the order will transfer more powers relating to the Welsh language—our most precious possession—from this Parliament to the National Assembly. As a humble promoter of the last Welsh Language Act to pass through this Parliament—the Act of 1993—I am glad that the principles of that historic Act, which has served Wales and the language well for the past 15 years, are to be preserved. We sometimes forget, under the baleful shadow of the so-called Tudor Acts of Union which discouraged the use of Welsh, just how much this Parliament has contributed positively to the preservation and promotion of the language. It was an Act of 1563, promoted by Humphrey Llwyd of Denbighshire in the Commons and Richard Davies, Bishop of St Davids, in the House of Lords that secured William Salesbury’s translation of the New Testament and Davies’s own translation of the Book of Common Prayer for use in Welsh churches by 1567. We had to wait a few more years until 1588 for a complete translation of the Bible, by William Morgan, but it stemmed from the same inspirational source. Richard Davies came from the Conwy valley, as did William Salesbury and William Morgan. All were patronised by the Wynn family of Gwydir—no relation to me. Of course, a number of other important Acts of Parliament have ensured the language’s rightful place in court proceedings, for example, and I am glad to see them noted in the Explanatory Memorandum. The Welsh language is part of British as well as Welsh heritage and has been highly valued as such. In spite of all the consideration that has been given to this order, there are still some potentially controversial issues, as my noble friend Lord Glentoran said, and some could become sore points. But I remind myself that this is a permissive order and that the Welsh Assembly still has to decide precisely how to legislate and whom the legislation will affect within the parameters laid down here. I understand that the Minister most closely concerned at Assembly level, Alun Ffred Jones, is to hold meetings in different parts of Wales to test people’s feelings and to elicit their views and wishes. I shall content myself with uttering a few caveats, because language is a highly sensitive issue and it is easier to offend and antagonise people than it is to please them. Without popular good will and support, progress is impossible. So far, we have been able to nurture and grow that support in Wales and to benefit from it. Mention is made in the memorandum of a desire to describe Welsh as an "official" language. The matter was debated in your Lordships’ House and the other place in 1993 and occasioned Divisions both here and in the Commons. The Government defeated the amendment by a majority of 39 here and 44 in the other place because no one knew what the implications of such a statutory declaration might be. English is not declared to be an official language anywhere in our law, I am told. I would advise those who may be considering reopening that debate to read the parliamentary proceedings in both Houses and to re-examine the arguments for themselves before they step into that minefield. I am glad that the order is very specific as to the persons who may be affected by having duties laid on them and that there is a right of appeal, with tests of reasonableness and proportionality being relevant. We have to thank the Welsh Affairs Committee for those improvements. The last thing we want in this context is a clutter of objections to requests for language schemes and the whole paraphernalia and bureaucracy of a seemingly endless appeals procedure that is too much in demand and may result in enforcement. The mechanisms of appeal and enforcement have still to be established. Personally, I believe that enforcement is counterproductive and that the language stands to lose more than it has to gain if enforcement becomes the order of the day. Popular support for the language may be seriously eroded and, if that were to happen, it might be difficult to restore the spirit of good will that the language has enjoyed. The proposed language commissioner will inevitably feature in this sphere, but we know little about his office and functions as yet. I hope that the commissioner will have a constructive role and that people’s worst fears will not be realised. The cost of new measures is another factor that will need to be taken into account, especially in the wake of the recession and the cutbacks in spending that will inevitably follow the Government’s pledge to halve the deficit. I understand that the Welsh Language Board has a staff of 70 at present. Are increases anticipated? The more persons included in the list, the more civil servants will be needed to supervise them and the greater the direct costs to those having duties imposed on them, their clients and customers. The costs will eventually be loaded on to the public. I have one final point to make, which concerns translations. Almost all the schemes and duties involve translation, which has become an ever more substantial industry since the passage of the 1993 Act. Translation can be costly. Many are asking whether this represents the best use of resources and justifies the increased price of publication. The National Assembly itself has recently been agitated over the issue in connection with its official Record of Proceedings. There is no easy answer, but it is an issue that we must be aware of, especially when we include bus and train timetables, gas, water and electricity bills and Post Office matters that may be subject to Assembly measures. I am sure that the Assembly will consider that. I reiterate that the language is a sensitive and potentially controversial issue. So, too, is legislation in this field. The 1993 Act was voted against at Third Reading in the other place by none other than Plaid Cymru; the Labour Party abstained. Now, 15 years later, I think that both parties would agree that the Act has done a great deal of good, raised the profile of the language and improved its status. There is enthusiasm for it, too. The language lobby has traditionally been critical of central government, whichever major party was in power. Now its target will be the Welsh Assembly Government in Cardiff, as responsibility for the language has passed to them. However demanding that lobby is, I hope that the Welsh Assembly Government will never forget that you cannot force a language on people and that any progress made in the extension of its use must be because people really want it and regard it as a highly desirable asset for themselves and their children.