Wales: Stronger language body could see rights under law

[Harold Schiffman]

6 February 2008: 9:24am
Stronger language body could see rights under law

Feb 5 2008 by Tomos Livingstone, Western Mail

A LANGUAGE Commission should be created with the power to take
organisations to court if they discriminate against Welsh speakers, an
independent report will recommend today.

The two-year study into language policy, commissioned by Plaid Cymru
MP Hywel Williams and carried out by consultants Cwmni Iaith,
concluded that a new commission was the best way to strengthen
provision of services through the medium of Welsh.

The report to be launched in the Assembly later today suggests a shift
from the "group rights" mentality, which has characterised language
campaigning for decades, towards a focus on individual rights.

The group rights approach argued that Welsh speakers should have
certain rights in the north and west as they were in the majority
there. Individual rights are easier to define in law and apply to all
regardless of where they live.

The change of approach is a response to demographic trends, with tens
of thousands of Welsh speakers now living in South-East Wales rather
than in the language's traditional heartlands.

"If you live in Cardiff or Newport, group rights are pretty
meaningless," said Mr Williams. "You are never going to be in a
position to work in a group so you need to look at individual rights.
The advantage is if you had a right to have a service, it's
justiciable [ie defined in law] and the commission could take the case
on."

He added, "The claim in the past has always been 'we need a new Welsh
Language Act', but it's more complicated than that.

"Welsh is an exception in the equalities field, there are bodies to
prevent discrimination on grounds of race and gender, but not
language.

"We should look at the Language Board and turn it into a commission
like the Equalities and Human Rights Commission, or the Equal
Opportunities Commission in the past. The key is they could take cases
to court, and promote the positive right not to experience
discrimination on grounds of language."

The report comes as AMs and MPs prepare to debate plans to give the
Assembly powers to pass its own legislation on the Welsh language.

The formal request for the powers has yet to be made by the Assembly
Government, but even the principle is likely to provoke controversy.

Creating a new commission would require a revision of the 1993 Welsh
Language Act, requiring legislation at Westminster. That Act obliged
the public sector to provide services in Welsh if required.

The report suggests, "If a provider failed to fulfil its duty in
accordance with its language scheme, the board would be able to
challenge the provider's actions (or lack of action) by issuing a
request to the High Court for a judicial review.

"If a public authority failed to fulfil some of its specific duties,
it could be subject to enforcement action by the board under the
relevant section of the new legislation."

The report stops short of calling for the 1993 Act to be extended to
the private sector – a contentious but oft-repeated demand of
campaigners – saying instead there should be "greater supervision" of
companies that provide services on behalf of public bodies, such as
care homes.

And it leaves open the possibility of extending the Act to companies
that provide a "service" to the public.

Mr Williams said, "A company like Corus wouldn't have to worry about
it, but some companies with a service element, shops perhaps, would…
it's something that needs to be discussed."

Better leadership from politicians and support for businesses is also
needed, Caernarfon MP Mr Williams added. Last year's controversy over
Thomas Cook's decision to ask staff not to speak Welsh was partly
caused by a general lack of understanding of the existing laws, he
said.

Elsewhere the report calls for a specific right to receive services in
Welsh "without the need to prove demand".

Any extension to the private sector should take place gradually, the
authors say.


 http://icwales.icnetwork.co.uk/news/wales-news/2008/02/05/stronger-language-body-could-see-rights-under-law-91466-20435105/




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