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

My Lords, I support this important draft order which has been requested by the Welsh Assembly, the highest political authority in Wales. However, I have one or two caveats—to which I will come—but I begin by paying tribute to the signal contribution of the teachers in the Welsh-medium schools, in particular, and the voluntary teachers in the nursery schools. Their contribution has been invaluable. The status of the language has been strengthened immensely since the passing of the Welsh Courts Act 1942 and, subsequently, the Welsh Language Act 1967, which was presented by the late Lord Cledwyn. Then, of course, came the important Welsh Language Act 1993, which was the creation of the noble Lord, Lord Roberts of Conwy. When I look at the Welsh language scene in the round, three things stand out. First, more and more precise Welsh speakers in Wales are now demanding the right to live a full life through the medium of Welsh. This is fairly new. Indeed, I can recall how I avoided using the term "right" for many years because I thought it would be difficult to attain a consensus on that basis. However, I have come round to the view that there is a growing consensus in Wales that we ought to be constructing a framework of facts. Secondly, the Welsh language domains in north Wales and west Wales, which have been one of the most valuable assets of the Welsh language, but not the only one, are shrinking rapidly, with adverse consequences which we may not be able to assess fully. Thirdly, while the Welsh-medium schools—in south-east Wales in particular— are over-subscribed, with huge support from parents who are non-speakers but wish their children to have access to their linguistic heritage, it is an immensely difficult task to ensure that Welsh is a living language beyond the school yard. It is a daunting task which confronts us. I am deeply appreciative of the time and resources given by the members of the Welsh Affairs Select Committee to the examination of the draft order. However, I must confess that I am confronted by a dilemma. I wonder whether the order has been over-scrutinised. On the other hand, I am bound to accept that its drafting has been improved as a result. In that difficulty, I content myself by saying that there is a special art to translating the language of politics into the language of Government and legislation, and it cannot be acquired overnight. The Welsh Assembly Government may wish to look at some of the difficulties—perhaps in their departments, perhaps in their legislative procedures—and if there are such difficulties, consider how to improve them. I turn briefly to my two main caveats about the order. I regret—this will come as no surprise to the noble Lord, Lord Roberts of Conwy—that the phrase "official status" is not included in the document. I am aware that it has been claimed since the passing of the 1993 Act that the principle of equality of the two languages embodied in that Act confers the status of official language on the Welsh language. If that is the case, why not enact the principle in a declaratory statement? I am pretty confident that this issue will not go away, but I am concerned that more of our young people may sacrifice their careers in order to achieve that objective. My second caveat arises out of the appearance of the word "freedom" rather than "rights" in Matter 20.2. "Freedom" is a novel word in Welsh language legislation. It is not defined in the interpretation clause. Moreover, I understand from our human rights lawyer that the word is threadbare of meaning in the context of this legislation. Interestingly, what the Welsh Assembly Government Minister for Heritage said in evidence to the Welsh Affairs Committee on 27 April suggested very strongly to me that he was not particularly enthusiastic about the terminology—references may be found in Questions 294 and 332 of the oral evidence. What is required is a carefully drawn framework of rights for the users of the Welsh language, rather than the vague concept of, ""freedom of persons wishing to use the Welsh language"." Notwithstanding the caveats that I and others have, this is an important order, which will facilitate the continued regeneration of the language upon the path which began in 1942.