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Constitutional Law

I shall begin by expressing my condolences to the First Minister on his sad bereavement today, as other hon. Members have done. We have had a good debate tonight on the Welsh language and on this Welsh language competence order. I also pay tribute to my right hon. Friend the Member for Torfaen (Mr. Murphy), who as Secretary of State for Wales began the process of consultation that has taken us in a very constructive way to where we are today. I believe that the consultation he began has led to the creation of a genuine consensus on the best way forward for promoting and enhancing the Welsh language. That consensus extends, I believe, not only to both Houses of Parliament, but to the Welsh Assembly and the people of Wales. One of the lessons of recent history is that if we are actively and positively to promote the Welsh language we must have a consensual approach, so that all the people of Wales are taken with us. The Welsh language is the language of all the people of Wales—English speakers as well as Welsh speakers. In common with other Members, I pay tribute to the Chairman of the Welsh Affairs Committee, my hon. Friend the Member for Aberavon (Dr. Francis), and to the excellent work that the Committee has done. The stipulations of reasonableness and proportionality are extremely important in respect of this LCO. I believe that the inclusion of those two tests makes this LCO that much the stronger. A number of Members have greatly praised the process as it has been conducted and have warmly supported the provisions in the LCO. A number of reservations have, however, been expressed—rather too strongly for my liking. It is rather unfortunate that the reservations were expressed in the way they were, but some legitimate questions have been raised. Let me briefly refer to some of them. The future of the Welsh Language Board was raised, and I believe that is very much a question for the Welsh Assembly Government. It will be for them to decide on its future, as they are empowered to decide. A number of Members, particularly the hon. Member for Chesham and Amersham (Mrs. Gillan), raised the issue of the potential burden on business, which was echoed by the hon. Member for South Holland and The Deepings (Mr. Hayes). One of the most important facets of this process has been the very positive engagement with the business community. Understandably, concerns have been expressed, but many of them have been sufficiently addressed and allayed. It is very significant that the CBI, for example, has warmly welcomed the introduction of reasonableness and proportionality in the LCO. That is important in itself, but it is also indicative of wider support and an acceptance that what we have before us is the best way forward for the Welsh language. That does not imply, of course, that a voluntary approach towards enhancing the Welsh language is to be put to one side—quite the opposite. This legislative framework before us will provide a powerful stimulus to an increasing voluntary acceptance of the Welsh language in Wales. My right hon. Friends the Members for Islwyn (Mr. Touhig) and for Torfaen made the valid point that the education system in Wales is in many ways still the key to promoting the Welsh language, ensuring that it is a language for young people and in tune with the needs of modern Wales. Issues were raised about the appeals process, which is again very much in the hands of the Welsh Assembly Government, whose responsibility it will be, of course, to fund any appeals mechanism that requires funding. I also stress that a regulatory impact assessment will be made of any Measures introduced by the Welsh Assembly Government as a consequence of this LCO. That is firmly embedded in the order, and it was fully recognised as well as warmly welcomed in the debates and the constructive discussions that we had with the Welsh Assembly Government. Let me refer briefly to two other points. First, there is a stipulation threshold of £400,000, so that certain large organisations such as the National Botanic Garden of Wales, are brought within the ambit of the LCO. The Bank of England is mentioned specifically because of the reference in the 1993 Act to the need for a Welsh language scheme involving it. Lord Roberts of Conwy—Wyn Roberts—is to be congratulated on having the foresight to introduce that stipulation in the Act. May I conclude by saying— One and a half hours having elapsed since the commencement of proceedings on the motion, The Deputy Speaker put the Question (Standing Order No. 16(1)). Question put and agreed to. Resolved,"That the draft National Assembly for Wales (Legislative Competence) (Welsh Language) Order 2009, which was laid before this House on 10 November, in the previous Session of Parliament, be approved."