Government of Wales Bill

My Lords, we welcome the Government’s new clause, which fills a considerable gap that became glaringly obvious in Committee, when the noble Lord, Lord Prys-Davies, introduced his new clause upon which the Government have closely modelled their own. The noble Lord is to be warmly congratulated. The new clause compensates for the inexplicable loss of Section 47 of the 1998 Act from this Bill, and the deplorable inadequacy of Clause 35 which replaced it. If the Bill, prior to the introduction of the new clause, provides an indication of the way the Assembly Government were going to treat the Welsh language after the emasculation of the Welsh Language Board and its merger with the Government, then all those protesters who have feared the worst were right to do so. The Government may have seen the light in the nick of time because the protests were mounting, and involving not just Cymdeithas yr Iaith—the Welsh Language Society—but the normally peaceful body Merched y Wawr, the Welsh women’s movement. All are deeply suspicious of the Government’s intentions. The new clause seeks to remedy the twin omissions noted by the noble Lord, Lord  Prys-Davies, in Committee, when he said:"““They are, first, the omission from the Bill of a duty by Welsh Ministers to treat the Welsh language on a basis of equality with the English language, and secondly, the equally significant omission of a duty on Ministers to promote and facilitate the use of the Welsh language in the good governance of Wales””.—[Official Report, 19/4/06; col. 1147.]" Both requirements were enshrined in our Conservative Welsh Language Act 1993, which has served successive Governments, and the country, well over the years. As far as I can see, the only significant part of the clause of the noble Lord, Lord Prys-Davies, that the Government have not incorporated into theirs is his requirement that there should be an annual assessment of the effectiveness of the Government’s measures. I understand the Government’s view that the annual report should provide an adequate indication of progress, or lack of it. Lack of progress would require an in-depth assessment of the measures taken. My personal concern about the new clause centres on subsection (5) and Welsh Ministers consulting,"““such persons as they consider appropriate””," before adopting or revising a strategy or scheme as described in the clause. I would like them to have to consult a statutory body of advisers with some expertise and experience in language matters. The only reason that I have not tabled an amendment to this effect is that I am told that the future of the Welsh Language Board is shrouded in a mist of uncertainty. Or is it?"““On 30th November 2004 the First Minister announced that the Welsh Language Board would be merged into the Welsh Assembly Government””—" so reads the opening sentence of the culture and language Minister’s foreword to his consultative document of March this year on the future of the board and other related matters. He goes on to say:"““The merger programme is already well on track and the merger of the Welsh Language Board will contribute to the creation of a core of the Welsh public service””." It is difficult to see the Assembly Government resiling from that position—it is possible but unlikely. In its response to the consultative document in May, the Welsh Language Board seems to have given up the ghost, although I may be unfair to it in saying so. As I understand the consultative document, entitled Making the Connections, it is intended to retain the residual body that remains after the dissolution of the board in an advisory role under the chairmanship of the Minister until an independent regulator or judge adjudicator, sometimes referred to as ““Y Dyfarnydd”” is appointed in due course. It is not a very satisfactory proposition. Bearing in mind the short shrift given to the board and the totally unsatisfactory provision for the Welsh language in the Bill before the inclusion of the new clause, it is vital that we have a firm commitment from the Government to the substance of the new clause and the policy foundation that underlies it. That means that there should be statutory independent advisers to ensure it. The Assembly Government’s own consultative document makes frequent reference to the need for ““expert external advice”” on Welsh languages issues. This is their opportunity to show that they mean it.