UK Parliament / Open data

Licensing Act 2003

Proceeding contribution from Hywel Williams (Plaid Cymru) in the House of Commons on Tuesday, 12 July 2005. It occurred during Opposition day on Licensing Act 2003.
I have a long-standing interest in the subject of the debate. My constituency was one of the very last in Wales to put an end to Sunday closing, which was one of the last gasps of specifically Welsh 19th century liberalism. As we used to say in my constituency, ““If you want to drink on Sunday, you will have to wait until Monday.”” I share with other Members serious concern about the hard-drinking culture that seems to be prevalent, particularly among young people. I represent a tourist area, and there are concerns about the effects of the Act on small bed-and-breakfast businesses. My particular concern, which I have taken up with the Minister before, relates to the unavailability of Welsh language application forms so close to the deadline of 6 August. This might be a small matter in the grand scheme of things but it is particularly important to my constituency and to other constituencies in Wales. As I have said, I have discussed the matter with the Minister previously. I had a useful meeting with him along with my hon. Friend the Member for Meirionnydd Nant Conwy (Mr. Llwyd) and others. I am glad that the Minister has moved from his initial position with reference to the non-production of Welsh language forms when he said:"““The decision was taken that as most of the applications would be processed in English, it would be better for them to be submitted in English””.— [Official Report, 13 June 2005; Vol. 434, c. 8.]" That is decidedly not the case. I raised a further question with him yesterday because the situation has moved on in that Conwy county borough council in north Wales has now produced Welsh versions of the prescribed English forms. These Welsh versions are not prescribed, and I take the point that the Minister has made that it will not now be possible to prescribe Welsh language forms for another three months or so. However, the Minister has indicated that the Government are willing for local authorities in Wales to use the Conwy translation for now. That is all right as far as it goes, but some local authorities worry that a precedent might be established. If central Government have not provided the appropriate Welsh language documents, those authorities fear that they may be expected to step in. I hope that the current circumstances are unique and that no such precedent has been set. There are, however, further problems. Some local authorities may take the prudent view that they should not use forms that are not officially prescribed. Would they be liable if there were a dispute with an unsuccessful applicant, who could cite the fact that the Welsh forms that they used were not prescribed? More straightforwardly, who would be liable if there was a mistake in translation? Licensees might reasonably expect to use officially prescribed Welsh language forms and could be wary about using locally produced versions. Hon. Members may wonder how the situation has arisen and how the Government have got into a fix so close to the 6 August deadline. Essentially, the problems arise from a deficiency in the Welsh Language Act 1993, which provides for the publication of Welsh language schemes that provide guidance on the production of Welsh language material. It is surprising that, 12 years after the passage of the Act, the Department for Culture, Media and Sport has not prepared a Welsh language scheme. It has not been asked to do so, but I understand that it will now prepare such a scheme, which is most welcome. Finally, on a positive note, the Minister will be glad to hear that subsequent to our discussions, my own local authority, Gwynedd county council will adopt and adapt the Conwy forms. Those forms may be used in only a small number of cases, but I hope that they will solve the problem. The council will also take steps to publicise the availability of the Welsh language forms, and will target information at applicants who may wish to use them. I do not know whether all local authorities in Wales will take such action, but the positive steps taken by Gwynedd county council are welcome. It has pointed out, however, that Conwy county borough council has translated only five of the 100 or so forms available in English. The sooner that all prescribed forms are available in Welsh the better. As I said, the problem has arisen because of a weakness in the 1993 Act. DCMS was not asked to produce a Welsh language scheme, so it was not prompted to produce Welsh language forms. In Wales, that is interpreted as a reason for a further review of the Act and, indeed, as proof that it needs to be replaced. That is certainly my position, and it is the position of my party.
Type
Proceeding contribution
Reference
436 c795-7 
Session
2005-06
Chamber / Committee
House of Commons chamber
Legislation
Licensing Act 2003
Back to top