LL-L "Language policies" 2002.07.25 (06) [E]

[Lowlands-L]

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 L O W L A N D S - L * 25.JUL.2002 (06) * ISSN 189-5582 * LCSN 96-4226
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From: "andy at scots-online.org" <andy at scots-online.org>
Subject: Language Policies [E/S]

I was sent a copy of the following report:

Initial Periodical Report presented to the Secretary General of the
Council of Europe in accordance with Article 15 of the Charter UNITED
KINGDOM

That is the EUROPEAN CHARTER FOR REGIONAL OR MINORITY LANGUAGES.
More info at www.eurolang.net
The following are excerpts for Scots:
[Comments in square brackets are my own]

Andy Eagle
__________
Foreword:

During 1997 and 1998, referendums were held in Scotland, Wales and
Northern Ireland on how
those countries and regions
should be governed. The referendums decided in favour of devolved
governments. Elections were
subsequently held for a
new Northern Ireland Assembly, a new Scottish Parliament and a new
National Assembly for Wales.

Devolved powers were formally transferred from the UK government to the
devolved
administrations in Scotland and Wales
on 1 July 1999. At this time, the Welsh Assembly took over
responsibility for a number of the
UK government’s functions,
including the Welsh language, education and training, economic
development, and local
government. The Scottish Parliament
was given responsibility for the Scottish Executive’s existing powers,
which included
responsibility for Scottish Gaelic and Scots.

Devolved powers were transferred to the Northern Ireland Assembly and
Executive on 2 December
1999. The Assembly
and Executive are able to exercise full legislative and executive
authority in respect of those
matters which fall within the
responsibility of the Northern Ireland Government Departments in
Belfast. This gives the
Assembly devolved power over a
number of areas, including culture and the arts.

The UK government retains responsibility for foreign affairs, defence,
national economic
policy, social security and
broadcasting.

There are therefore three devolved bodies which are principally
responsible for implementing
the provisions of the European
Charter for regional or minority languages in the United Kingdom.

PART ONE

1. Please state the main legal act(s) whereby the European Charter for
Regional or Minority Languages has been implemented in your State.
If you so desire, please mention the general considerations which have
guided your country in the ratification process.

The main legal acts which have enabled the UK to ratify the Charter are:

The British Nationality Act 1981

This established that a knowledge of Scottish Gaelic, English, or Welsh
satisfies
one of the conditions for naturalisation as a British citizen.

[SCOTS]

There is no legislation pertaining particularly to the Scots language.

[ULSTER SCOTS]

b) The North/South Co-operation (Implementation Bodies) Northern Ireland
Order 1999

This came into operation on 2 December 1999 and established The
North/South Language Body.
The Body has two separate agencies, Foras na Gaeilge (the Irish Language
Agency) and
Tha Boord o Ulstèr Scotch (the Ulster-Scots Agency).

c) The Belfast Agreement (Good Friday Agreement) - signed on  10 April
1998

In the Belfast Agreement (Good Friday Agreement) the Government of the
United Kingdom committed
itself jointly with Ireland to take positive action to support
linguistic diversity.

e) The Local Government (Miscellaneous Provisions) (Northern Ireland)
Order 1995

This introduced legislation empowering Councils to erect street names in
any other language
alongside the English name.
This has enabled the erection of bilingual street names in English and
Irish and in English and
Ulster-Scots.

f) The Children's (Northern Ireland) Order 1995

This places a duty on Health and Social Services Trusts when making any
decision with respect
to children or young people
in care to give due consideration to their linguistic background.

2. Please indicate all regional or minority languages, as defined in
paragraph (a) of Article 1
of the Charter which exist on
your State's territory. Indicate also the parts of the territory of your
country where the
speakers of such language(s) reside.

[SCOTS]

There are Scots speakers throughout Scotland.

[ULSTER SCOTS]

Ulster-Scots is defined in legislation (The North/South Co-operation
(Implementation Bodies)
Northern Ireland Order 1999)
as the variety of the Scots language which has traditionally been used
in parts of Northern
Ireland and in Donegal in Ireland. The Ulster-Scots language movement
involves both native
speakers and revivalists. The Ulster-Scots language is still actively
spoken and transmitted
intergenerationally in various parts of Northern Ireland.

3. Please indicate the number of speakers for each regional or minority
language. Specify the
criteria for the definition of
”speaker of regional or minority language” that your country has
retained for this purpose.

[SCOTS]

The 1991 and 2001 Censuses did not include a question on Scots.
However, surveys have
indicated that 30% of respondents said
they could speak Scots; a large proportion of the Scottish population
speak Scots to a greater
or lesser degree.
Scots is on a linguistic continuum with English. Many Scots literally
switch between English
and Scots in mid-sentence
by using Scots words and Scottish grammar.

[It may be more accurate to say the Scottish executive refused to
include a question - the
reasons were to a certain extent
legitimate but as far As I know nothing is being done to ensure that a
question could be
included in the next census.
Interesting use of 'Scots words' and 'Scottish grammar'.]

[ULSTER SCOTS]

There was no question on Ulster-Scots in the 1991 census and there is no
definitive baseline
information on numbers.

5.      Please indicate if any body or organisation, legally
established, exists in your State
which furthers the protection and
development of regional or minority languages. If so, please list the
names and addresses of
such organisations.

[SCOTS - Nill]

[ULSTER SCOTS]

The North/South Language Implementation Body’s two separate agencies,
... and Tha Boord o
Ulstèr Scotch (Ulster-Scots Agency)
were established by the Governments of the UK and Ireland to promote
Irish and Ulster-Scots. ...
The Northern Ireland Executive provides funding for a range of legally
established community
and voluntary groups which
promote the use of Irish or Ulster-Scots.

6.      Please indicate if any body or organisation has been consulted
on the preparation of
this periodical report.
In the case of an affirmative answer, specify which one(s).

[SCOTS - Nill]

[ULSTER SCOTS]

All Northern Ireland Departments and a range of associated bodies were
consulted for this
report .

7. Please indicate the measures taken (in accordance with Article 6 of
the Charter) to make
better known
the rights and duties deriving from the application of the Charter.

The Minister of State for Scotland, George Foulkes, issued a press
notice on 27 March 2001
welcoming ratification of the
Charter. Opportunities are taken to highlight the Charter in speeches
given by Ministers.

An Interdepartmental Charter Group with representatives from all
Northern Ireland (NI)
Departments,
the Northern Ireland Office, NI Court Service, Inland Revenue and
Customs and Excise was set up
to
monitor implementation of the Charter, provide advice on the preparation
of annual Departmental
and
Executive implementation reports, advise on resource implications and
develop guidance for
Departments.

The NI administrative divisions regularly respond to requests for
information from the media,
academics and
community and voluntary organisations.  In addition ministers and
officials take appropriate
opportunities to
publicise at conferences, meetings, etc.

The Interdepartmental Charter Group has undertaken to convene a meeting
of all interested
organisations and
persons to inform and discuss the implementation of the Charter.

PART TWO

1.      Please indicate what measures your State has taken to apply
Article 7 of the Charter to
the regional
or minority languages referred to in paragraphs 2 and 4 of part I above,
specifying the
different levels
of government responsible.

Article 7: Objectives and principles

1.      In respect of regional or minority languages, within the
territories in which such
languages are used
and according to the situation of each language, the Parties shall base
their policies,
legislation and
practice on the following objectives and principles:

a)      the recognition of the regional or minority language as an
expression of cultural
wealth;

[SCOTS]

National Guidelines on the education of 5-14 year-olds advocate the
inclusion of Scots
literature in the Scottish curriculum,
and the teaching of a proper awareness and appreciation of the language.
The Scottish
Consultative Council on the
Curriculum produces teaching materials in support of this inclusive
policy.

[Scots literature may not necessarily mean literature in Scots but
literature from Scotland.
'a proper awareness and appreciation of the language' NOT a ubiquitous
ability to read, write
and speak it.]

[ULSTER SCOTS]

The Belfast Agreement commits all participants to ”recognise the
importance of respect,
understanding and tolerance in
relation to linguistic diversity including in Northern Ireland the Irish
language, Ulster Scots
and the languages of the various
ethnic communities, all of which are part of the cultural wealth of the
island of Ireland”.

b)      the respect of the geographical area of each regional or
minority language in order to
ensure that existing
or new administrative divisions do not constitute an obstacle to the
promotion of the regional
or
minority language in question.

[SCOTS - Nill]

[ULSTER SCOTS]

The UK government and the Northern Ireland Assembly are committed
through the Belfast Agreement
to
”recognise the importance of respect, understanding and tolerance in
relation to linguistic
diversity including in
Northern Ireland the Irish language and Ulster Scots”.

c)  the need for resolute action to promote regional or minority
languages in order to
safeguard them

[SCOTS]

The Sport, the Arts and Culture Division of the Scottish Executive
Education Department is
responsible for providing
policy advice, support and guidance to Ministers, colleagues and others
on issues relating to
Scottish Gaelic and Scots.

[ULSTER SCOTS]

The establishment of the North/South Language Body with 2 separate
agencies to promote Irish
and Ulster-Scots is an
example of resolute action to promote and safeguard these languages.

A new Linguistic Diversity Branch (LDB) was set up in 1999 in the
Department of Culture, Arts
and Leisure.
The Branch is responsible for providing policy advice, support and
guidance to Ministers,
colleagues and others
on linguistic diversity which includes Irish, Ulster-Scots, the
languages of the ethnic
minority communities and British
and Irish Sign language. The LDB commissioned and published (in 2002) a
research report
entitled
”Establishing the Demand for Services and Activities in the Irish
Language”.
A parallel report ”Establishing the Demand for and Activities in the
Ulster Scots Language”
was commissioned and will be published later this year.  The LDB has
commissioned research into
demand for early years care and education services in Irish and
Ulster-Scots. The LDB also
commissioned
in 2000 the production for the Ulster-Scots Language Society of  ”A
Strategic Plan for the
Promotion of the
Ulster-Scots language”.

There are opportunities for schools to introduce aspects of Ulster-Scots
language, literature
and culture in the curriculum
as part of the Cultural Heritage and Education for Mutual Understanding
(EMU) cross-curricular
themes.
There are no current demands from within the school system for
Ulster-Scots to be taught as a
language.

The Linenhall Library held in 2000 a programme of classes in
Ulster-Scots language and
literature.
The Library in partnership with the Ultach Trust has organised Irish
language classes at
beginners, intermediate
and advanced levels.    Tha Boord o Ulster-Scots and the University of
Ulster jointly fund the
Institute of
Ulster-Scots Studies set up in the University of Ulster.

Irish and Ulster-Scots were also represented in activities associated
with the European Year of
Languages.

d)  The facilitation and/or encouragement of the use of regional or
minority languages, in
speech and writing,
in public and private life

[SCOTS - Nill]

[ULSTER SCOTS]

A number of Northern Ireland government departments have translated key
documents into Irish
and Ulster-Scots.
An information leaflet accompanying the 2001 Census form was available
to the public on request
in Irish or Ulster-Scots.
Some government departments have advertised in newspapers in Irish and
Ulster-Scots.

[The quality and authenticity of the Scots in many of those documents is
questionable]

BBC Northern Ireland offers regular programmes in Irish on Radio Ulster
and occasional
programmes on Northern Ireland
BBC TV. It has also broadcast various radio series and occasional TV
programmes on Ulster-Scots.

[Broadcastin programmes ON is not the same as 'The facilitation and/or
encouragement of the use
of regional or minority languages,
in speech and writing, in public and private life'.]

Government departments are willing to accept correspondence in Irish and
Ulster-Scots and a
voicemail system has been
set up for callers who wish to make their enquiry in Irish. Options for
a voicemail system for
Ulster-Scots are being considered.

e)      The maintenance and development of links, in the fields covered
by this Charter,
between groups using
a regional or minority language and other groups in the State employing
a language used in
identical
or similar form, as well as the establishment of cultural relations with
other groups in the
State using
different languages

[SCOTS]

Scottish Gaelic and Scots are also represented on the UK Committee of
the European Bureau for
Lesser Used Languages...

[Otherwise Nill]

[ULSTER SCOTS]

Tha Boord o Ulster-Scots (Ulster-Scots Agency) has developed links with
Scotland.

Representatives from the Irish and Ulster-Scots language communities sit
on the Board of
Directors of the UK Committee of
the European Bureau for Lesser Used Languages (EBLUL).

The European Bureau for Lesser Used Languages held a Partnership for
Diversity Forum in
Northern Ireland on
2 February 2001.  Michael McGimpsey, the Northern Ireland Assembly
Minister for Culture, Arts
and Leisure made
a speech on ”Breaking the Moulds” - A New Future for Linguistic and
Cultural Diversity in
Northern Ireland”.
MPs from Scotland, an MEP from Wales and representatives of countries
across Europe attended
the Forum which
provided welcome exposure for what is being done to promote Irish and
Ulster-Scots.

f)  the provision of appropriate forms and means for the teaching and
study of regional and
minority languages
at all appropriate stages

[SCOTS]

See the answer at 7.1(a)

[ULSTER SCOTS]

There are opportunities for schools to introduce aspects of Ulster-Scots
language, literature
and culture in the curriculum
as part of the Cultural Heritage and Education for Mutual Understanding
(EMU) cross-curricular
themes.
There are no current demands from within the school system for
Ulster-Scots to be taught as a
language.

Funding is available through the North/South Language Body for projects
to develop educational
materials to support
teaching of Irish and Ulster-Scots.

g)  the provision of facilities enabling non-speakers of a regional or
minority language living
in the area
where it is used to learn if they so desire

[SCOTS - Nill]

[ULSTER SCOTS]

The education system provides adult education classes in Irish in most
parts of Northern
Ireland. The Northern Ireland
Executive provides, through the North/South language Body, support for
organisations which
offer classes in Irish and
Ulster-Scots.

The two universities in Northern Ireland have facilities for studying
Irish at undergraduate
and postgraduate levels.
Queens University in Belfast offers undergraduates studying for a degree
in English the
opportunity to study the
Ulster-Scots language as part of a module in Irish/English.

The Linenhall Library in Belfast has run a number of Ulster-Scots
language courses.

The Ulster-Scots Language Society has organised a number of Ulster-Scots
language classes and
the
Ulster-Scots Academy has produced an Ulster-Scots dictionary and a
grammar, as well as various
publications in
Ulster-Scots.

h)      the promotion of study and research on regional or minority
languages at universities
or equivalent
institutions

The Scots language and literature may be studied at a number of
universities in Scotland.

The Scottish Arts Council provides funding in support of the Dictionary
of the Older Scottish
Tongue,
the Scottish National Dictionary Association and the Scots Language
Resource Centre.
The two dictionary bodies are merging into a new Scottish Language
Dictionaries body with
effect from 1 May 2002.

[ULSTER SCOTS]

Opportunities are also available at both local universities for research
into Irish and
Ulster-Scots.

Tha Boord o Ulstèr Scotch (The Ulster-Scots Agency) and the University
of Ulster opened an
Institute of
Ulster-Scots Studies on 3 January 2001.

i)      the promotion of appropriate types of transnational exchanges,
in the fields covered by
this Charter,
for regional or minority languages used in identical or similar form in
two or more States

[SCOTS - Nill]

[ULSTER SCOTS]

Transnational co-operation is most evident in the North/South Language
Implementation Body
whose two
Agencies promote both languages throughout the island of Ireland.
The North/South Language Body is funded jointly by the Northern Ireland
Executive and the
Government of Ireland.

1.      The parties undertake to eliminate, if they have not yet done
so, any unjustified
distinction, exclusion,
restriction or preference relating to the use of a regional or minority
language and intended
to discourage
or endanger the maintenance or development of it.  The adoption of
special measures in favour
of regional
or minority languages aimed at promoting equality between the users of
these languages and rest
of the population
or which take due account of their specific conditions is not considered
to be an act of
discrimination against the
users of more widely used languages.

There is no legislation or public administration rule/practice in
Scotland or Northern Ireland
that supports any
unjustified distinction, exclusion, restriction or preference relating
to the use of regional
or minority languages
and intended to discourage or endanger the maintenance or development of
such languages.

['unjustified distinction, exclusion, restriction or preference' I
assume any existing
descrimination is 'Justified'.]

2.      The parties undertake to promote by appropriate measures, mutual
understanding between
all the linguistic
groups of the country and in particular the inclusion of respect,
understanding and tolerance
in relation to regional
or minority languages among the objectives of education and training
provided within their
countries and
encouragement of the mass media to pursue the same objective.

The Scottish Executive's National Cultural Strategy states that: "A wide
range of languages
other than English,
Scots and Gaelic is spoken in Scotland, representing the culturally
diverse nature of the
population and recent
patterns of settlement. It is important that there are opportunities for
all Scots to celebrate
their language and
traditions and to participate fully in the cultural life of their own
community and of
Scotland.
The different languages and dialects spoken in Scotland provide clear
links with the family and
community
traditions which enrich our culture."

This principle is also underpinned in the Belfast Agreement as the UK
government and Northern
Ireland
Executive are committed to recognise the importance of respect,
understanding and tolerance in
relation to
linguistic diversity including in Northern Ireland the Irish language
and Ulster-Scots.

4. In determining their policy with regard to regional or minority
languages, the Parties shall
take into
consideration the needs and wishes expressed by the groups which use
such languages.
They are encouraged to establish bodies, if necessary, for the purpose
of advising the
authorities on all
matters pertaining to regional or minority languages.

[SCOTS - Nill]

[ULSTER SCOTS]

The Linguistic Diversity Branch of the Northern Ireland Executive’s
Department of Culture, Arts
and Leisure
(DCAL) was established in February 1999.  The Branch is responsible for
providing policy advice
on support and
guidance to Ministers, colleagues and others on linguistic diversity
which includes Irish and
Ulster-Scots.
This Branch liaises with the North/South Language Body and with Irish
and Ulster-Scots groups.

The functions of the agencies of the North/South Language Body include
advising both
administrations,
public bodies and other groups in the private and voluntary sectors.

DCAL has initiated a research exercise which will involve all relevant
parties in articulating
a vision for
Ulster-Scots language and culture and developing an agreed strategy for
putting it into effect.
A draft strategy is anticipated by December 2002.

5. N/A

PART THREE

[Doesn't Apply to Scots.]

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