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Constitutional Law

In this case, we have seen how detailed scrutiny—undertaken primarily by this Parliament, either in this House or through the Welsh Affairs Committee—has improved a draft piece of legislation that would not otherwise have been in such good shape. That is the way I would respond to the hon. Gentleman's question. The Government's approach to this LCO has been informed by four principles. The first is that it is logical and appropriate for the National Assembly for Wales to be able to legislate on the Welsh language. The nation's legislature is surely the natural home for making laws in relation to the language. The second principle is that the order builds on the firm foundations of the Welsh Language Act 1993. That landmark legislation ensured that organisations providing services of a public nature implement schemes for carrying out some or all of their business in Welsh. These requirements now need updating better to fit new times, but the 1993 Act provides a sound basis for the focus of the LCO on key public services provided by public authorities or private companies. Thirdly, it is crucially important that as we move forward, we strike the right balance between the interests of those who use Welsh as their mother tongue and who wish to conduct their day-to-day business in the language and the large majority of people in Wales—some 80 per cent.—who do not speak Welsh. The final principle is that any duty should be applied in a reasonable and proportionate way. This is the key point made by the Welsh Affairs Committee and it has my full support. This is particularly important in the context of ensuring that business and enterprise in Wales support these proposals. No one would want to see the private sector discouraged from investing in Wales because of burdensome Welsh language duties being inappropriately imposed on business. What is right in respect of a large public authority need not necessarily be right for a smaller private sector company. What is right in Meirionnydd may not be right for Monmouthshire. There has been a great deal of consultation on these proposals. My right hon. Friend the Member for Torfaen (Mr. Murphy) sought the views of interested parties on the proposed order earlier this year, and I am grateful to him as he paved the way for the consensus that has now been built. The Under-Secretary of State for Wales, my hon. Friend the Member for Caerphilly (Mr. David) and I have held discussions with a large number of organisations—and their representative bodies—that may be affected by subsequent Assembly measures. This engagement has been vital in helping to frame the draft LCO before us this evening. This LCO, then, is built on firm and clear principles. It is grounded in a common- sense approach to developing the language and, in drafting it, we have responded to the very real concerns of some about its scope while at the same time meeting the pressures for change. I believe it gets right the intricate balance of interests that hon. Members will know the Welsh language engages; it builds a broad consensus on how to proceed and it works in the best interests of everyone in Wales. The draft LCO would enable the National Assembly to legislate to promote or facilitate the use of the Welsh language and the treatment of the Welsh and English languages on a basis of equality. This is based on the wording from the Welsh Language Act 1993. It does not extend to the use of Welsh in the courts; nor would it allow the National Assembly to impose duties in relation to the Welsh language on any body other than those falling within the 10 categories listed in the order. These categories include public authorities; bodies established for specified purposes by royal charter; bodies receiving public money amounting to £400,000 or more in a financial year; and organisations providing key public services, including electricity, gas, water, post, telecoms, bus and rail services. The LCO includes a crucial safeguard enabling bodies in these categories to challenge the imposition of Welsh language duties on grounds of reasonableness and proportionality. This is a robust safeguard against any inappropriate imposition of such duties. It ensures that the reasonableness of duties will be a key consideration in developing Assembly measures, and provides an important reassurance against disproportionate obligations being imposed on any body, and especially smaller organisations, whether they be charities or companies in business sectors such as mobile telephony or energy. I believe this LCO puts in place a framework for the devolution of powers over the Welsh language to the Assembly, which is robust and provides for a strong and healthy future for the language by building on the achievements since 1993 in a common-sense, evolutionary way to make the language a source of pride for everyone in Wales, whether or not they speak Welsh. I commend it to the House.