U.S. English Foundation Research

UNITED KINGDOM

Language Research

1. Legislation: Legislation dealing with the use of languages

While the United Kingdom has no “official” language, the vast majority of the population speaks and writes in English. The historical development of English in the British Isles is such that is has not been perceived as necessary to make it the official language on a statutory basis. Provisions have been made to accommodate and support other languages in use in Britain (primarily Welsh). The British Government is encouraging people to learn more about the Gaelic language and culture and has provided financial support covering three main areas; education, Gaelic organizations and television. Gaelic has a special statute under British Law that provides certain measures for preserving the language. For the Welsh language there has existed a language law consolidating its official position in Wales since 1993.

Some measure of legislative recognition is afforded GAELIC in the Crofting legislation (1886), which requires a Gaelic-speaking member of the Crofters' Commission. Likewise in the Small Landowners' Act of 1911, enabling Gaelic to be used in the Scottish Land Court; in the “Gaelic Clause” of the 1918 Education Act; as one of the three defining partial languages in the 1981 Nationality Act; and in the 1990 Broadcasting Act. The Western Isles Council uses Gaelic in some committees. The Highland Council also uses it at its Gaidhlig Committee.

Gaelic is to be an official language in the Scottish Parliament according to the verdict of the Consultative Steering Group on the Scottish Parliament. The group charged with the drawing up of the standing orders for the Parliament. Their 170-page report “Shaping Scotland's Parliament” was released in mid January of 1999.

The main laws and decrees defining and limiting the legal status of WELSH are the Welsh Courts Act 1943, the Welsh Language Act 1967, and the Welsh Language Act 1993. The Welsh Language Act of 1967 made limited provision for the Welsh language to be used in the courts and in public administration. In legal proceedings any person could speak Welsh. The Act also gave Ministers a discretionary power to prescribe Welsh versions of official forms, subject to the provision that in case of any discrepancy the English text would prevail.

During the parliamentary debate on the Welsh Language Bill in 1993, unsuccessful attempts were made to incorporate into it a declaration that Welsh was an official language in Wales. Amendments in both Houses were resisted by the Government who claimed that this was unnecessary as Welsh already was an official language in Wales according to the following House acts; House of Commons Hansard 19.1.93 col 879; House of Commons Hansard 13.7.93 (Prime Minister); House of Commons Hansard 15.7.93. The validity of this assertion has not been contested.

The Welsh Language Act of 1993 established the principle that “in the conduct of public business and administration of justice in Wales the English and Welsh languages should be treated on the basis of equality”. The Act also delegates the responsibilities on the implementation of the linguistic policy in Wales to the Welsh Language Board. This Board is the body in charge of the coordination of the actions undertaken by local authorities with reference to education, or to guarantee the possibility for Welsh speakers to be attended through the medium of their language by public administrations. Amongst the other measures undertaken by this body are that both Welsh and English are the official languages of the Welsh National Assembly, and the carrying out of a research survey to evaluate the state of the language.

CORNISH has no legal status in the UK. As with other minority languages the government resists arguments to give minority language groups official status, arguing that language use will not gain by legislation and the conference of official status, but rather will derive from the facilitating and enabling process. Activists, on the other hand, press for the State's acceptance and ratification of the European Charter. The County Council of Cornwall does offer some financial support and is claimed to be sympathetic to the language movement, which is held to be apolitical, yet Cornish has no legal status.

SCOTS has no legal status or protection at this time in Scotland.

IRISH has no legal status in Northern Ireland. There has been no statutory development by reference to Irish in the north of Ireland.

The Government of the UK does not grant any official legal status to ULSTER-SCOTS.

It is argued that this lack of legal status or protection is also true of ENGLISH. English holds its status as the language of virtually all normal practice. 

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Updated (April 2001)

GAELIC

The annual conference of Gaelic language movement Commun na Gàidhlig (CnaG) held in June in Edinburgh signaled little change or progress in the Scottish government's Gaelic policy. Minister for Gaelic, Alasdair Morrison, could only promise that the government was “working towards” secure status of the Gaelic language “step by step” despite the government promises that secure status legislation was going to be implemented in the first term of the Scottish Parliament. It provoked a frustrated response from delegates with some parents expressing exasperation with the struggle to safeguard Gaelic-medium education, something they claim secure status would protect. Leading Gaelic researcher, Kenneth MacKinnon, told the conference that numbers attending Gaelic-medium education would have to increase by at least 500 to 600 percent in order to replace the speakers who die every year. John MacLeod of the Gaelic parent association, Comunn nam Parant launched a petition backed by CnaG, which has as one of its main demands to pass the secure status legislation. 

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Updated (December 2002)

THE FIRST GAELIC LANGUAGE BILL LAUNCHED IN SCOTTISH PARLIAMENT

The Scottish National Party and the Liberal Democrats launched on November 13, 2002 the first Gaelic Language Bill in the Scottish Parliament. The Bill, entitled the Gaelic Language (Scotland) Bill, is the first to be published simultaneously in English and Gaelic, and establishes the principle of equality between both languages. It pays special attention first of all to public administration by calling for normal communication in both languages, ability to respond to Gaelic enquiries, and the right to demand such services.

Some activists have criticized its limited character, either in terms of the geographical area where it will be applied (40 percent of Gaelic speakers are unprotected) or in terms of its social impact (it does not include education).

The Highlands and the Western Islands (part of Argyll and Bute and the islands of Arran, Cumbrae and Little Cumbrae) are the only areas covered by the Bill, but its framework for action allows for expansion in the future.

Source: Mercator News, November 2002, http://www.ciemen.org/mercator/index-gb.htm; Eurolang News, Edinburgh, November 14, 2002 by Davyth Hicks, http://217.136.252.147/webpub/eurolang/pajenn.asp?ID=3951

HIGHLAND COUNCIL LAUNCHES EDUCATION STRATEGY

At the same time as the Scottish Parliament launched its first Gaelic Language Bill, the Highland Council also discussed its Gaelic education strategy. The strategy of this local authority, promoting indigenous heritage and cultures of the Highlands, gives Gaelic and English an equal status in schools where both languages are used for teaching. Gaelic-medium education is the best hope for survival of the language in this area.

The Council's Gaelic working group has indicated that this strategy should set an example for the Scottish Executive to grant the language an equal status in a number of other areas. It commits the Council to take an initiative to develop Gaelic pre-school and childcare facilities, to react positively to the demands for Gaelic-medium provisions and to promote education in the language in new areas. Thus the Council participates in the efforts to promote use of the language in the family, community and schools.

Donald Macdonald, the Council's Head of Education Services stated that the principle of total immersion in Gaelic should be applied to the highest possible degree in dual-language schools.

It is important that children see Gaelic on road signs, in shops and other places as well as in the media, because it will give the language a greater chance to become a part of community life.

Source: Eurolang News, Edinburgh, November 14, 2002, by Davyth Hicks, http://217.136.252.147/webpub/eurolang/pajenn.asp?ID=3950 

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Updated (March 2003)

SCOTTISH PARLIAMENT COMMITTEE ENDORSES THE GAELIC LANGUAGE BILL

The Scottish Parliament's Education, Culture and Sport Committee has endorsed the general principles of the Gaelic Language (Scotland) Bill.

However, their report also notes the limitations of the Bill and outlines some of its provisions, which should be re-examined. In particular, the Committee feels that language plans for the development of the Gaelic language should apply throughout Scotland and not just in the Highlands and Islands, as currently proposed by the Bill.

The Committee believes that the Gaelic language plan proposed by the Bill would be a step forward, with English and Gaelic operating on an equal basis. The Bill could dovetail well with the Gaelic Language Board (Bòrd Gàidhlig na h-Alba) that should be formally established in legislation and its role and responsibilities should be clearly defined.

Sources: Eurolang News, Dùn Eideann, Edinburgh, February 28, 2003, by Alex O'Henley, http://217.136.252.147/webpub/eurolang/pajenn.asp?ID=4121 

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Updated (June 2003)

WELSH

The road to effective language legislation in the 20th Century was long and demanding, and the victories won in the first half of the century were the result of long and hard campaigns.

The 1942 Welsh Courts Act was one such victory, although it fell far short of equal treatment of Welsh and English in the courts. In relation to civil administration, official or statutory forms were rarely made available in Welsh. The Welsh language continued to have practically no status as far as public life was concerned. In 1963, under the chairmanship of Sir David Hughes Parry, the UK Government established a committee to examine the legal status of the Welsh language. Though in 1964, the Committee came to the conclusion that the law does not damage the standing of the language, its position should be regularized by an act declaring an official status for Welsh (or equal validity). Public sector bodies should be prepared to respond to the demands for services in Welsh.

The Government responded by passing the 1967 Welsh Language Act, which provided the Ministers with the right to prescribe statutory forms in Welsh and gave a commitment that individuals in Wales can choose between the Welsh and English language in courts. This commitment has underlain the growth in the use of Welsh by many other public bodies.

In the 1980s, in response to ever-increasing political pressure, the Government instituted a consultation process to ascertain whether widespread support existed at the time for further legislation. These consultations were partially responsible for prompting the establishment of the non-statutory Welsh Language Board in July 1988, to advise the Secretary of State for Wales on matters connected with the language.

In 1991, the advisory Board proposed to clarify the status of Welsh with the words that the language has an equal validity with English. The Government accepted the Board's advice that new legislation is inevitable, but considered a declaration of equal validity to result in both legal and practical difficulties.

In 1992, the Secretary of State for Wales affirmed that the equality between the Welsh and English languages should be achieved via administrative rather than by a statutory declaration. The Welsh Language Act came into force in 1993.

EDUCATION

The legislation, which deals with Welsh-medium education, is separate from that one relating directly to the language. It was the 1870 Education Act that opened the door to teaching of Welsh in schools.

An important step forward was taken in 1927, when a report prepared by a committee established by the President of the Board of Education on Welsh Education and Life was published. It reported that although Welsh had made remarkable advances in schools since the 1880s, considerable resources were required for the training of teachers and the preparation of teaching materials. It was not until the Education Act of 1944 that legislation was passed to enable local education authorities to provide Welsh-medium schools. The first primary school supported by public funding was opened in 1947, in Llanelli, South West Wales. By 1950, there were other six Welsh-medium schools established in South Wales and five in North East Wales.

In 1956, in North Wales, Ysgol Glan Clwyd was established as the first Welsh-medium secondary school.

Full recognition for Welsh education came in 1988, when the Education Reform Act gave Welsh the status of a core subject of the National Curriculum in Wales in Welsh-medium schools (defined by the Act as Welsh speaking schools) and the status of a foundation subject in the rest of schools in Wales.

In 1990, Welsh became a compulsory subject for all pupils in Wales at Key Stages 1, 2 and 3 (i.e. up to the age of 14). Since 1999, it has become a compulsory subject also at Key Stage 4; what means that all pupils in Wales study Welsh (either as a first or a second language) for 11 years, from 5 to 16.

Source: Mercator Education, Regional Dossiers, The Welsh language in education in the United Kingdom, 2001, http://www1.fa.knaw.nl/mercator/regionale_dossiers/regional_dossier_welsh_in_uk.htm 

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Updated (October 2003)

NEW SCOTTISH GOVERNMENT GAELIC BILL

Scottish Gaelic is to get the legislation that language campaigners have demanded for decades. The Scottish leader, Jack McConnell, announced the launch of the Bill at an annual Mod (Gaelic gathering), organized this year in Oban.

Minister McConnell who will start the consultation process for the bill said that they wanted to secure Gaelic as a living part of Scottish life, promote the language's everyday use and increase the appreciation of its place and value.

Peter Peacock, the Minister for Education, responsible for Gaelic said he wanted to see Gaelic to thrive and not just survive.

The key provisions of the Bill are: 

1. To recognize Gaelic in legislation as a language of Scotland

2. To establish Bòrd na Gàidhlig (Gaelic Language Board) on a statutory basis to promote the use and understanding of Gaelic

3. To prepare a National Gaelic Language Plan for approval by Scottish Ministers (a task for Bòrd na Gàidhlig)

4. To require public bodies in Scotland to meet a Gaelic Language Plan in relation to the services they offer

The Scottish Government has also decide to review and modernize the national Gaelic guidelines for those aged five to fourteen, in order to tailor them to the needs of language development in Gaelic medium education.

However, Gaelic language activists consider all these activities to be falling far short of what is needed to kick-start Gaelic regeneration. According to Dr. Wilson McLeod, a lecturer at the University of Edinburgh, the draft bill is exceptionally weak, as it does not look like 21st Century language legislation. It does not mention linguistic rights and there is nothing about Gaelic medium education and the use of Gaelic in the legal system. It does not grant the Gaelic Language Board any powers over public bodies.

The bill lacks any principle of equality between Gaelic with English as found in the Welsh Language Act.

Rob Dunbar, a specialist in language legislation from the Department of Law, at University of Glasgow, added that this bill is weaker than that of Commun na Gàidhlig and than Mike Russell's Bill [from last year].

The consultation process will continue until January 9, 2004.

Source: Eurolang News, Brussels, October 10, 2003, by Davyth Hicks, http://217.136.252.147/webpub/eurolang/pajenn.asp?ID=4423

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Updated (November 2003)

DRAFT GAELIC LANGUAGE BILL ON A SCOTLAND-WIDE BASIS PUBLISHED

On November 10, 2003 the Scottish Executive delivered its proposals for a Gaelic Language Bill and thus opened a consultation period lasting till January 9, 2004. Following this, the Scottish Ministers will consider what changes should be made before the Bill is introduced to the Scottish Parliament in the summer of 2004.

By contrast to the bill presented by the Member of the Scottish Parliament, Mike Russell, in November 2002, this one will apply to the whole of Scotland. This draft bill, meant to fulfill the commitment of Scottish Ministers to secure the status of Gaelic in Scotland, is a milestone in the recent history of the language as it for the first time provides legal status for the language.

Source: Mercator News, November 2003, http://www.ciemen.org/mercator/index-gb.htm

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Updated (July 2004)

THE WELSH TELEVISION CHANNEL FIGHTS FOR ITS AUDIENCE

The Welsh language channel S4C has announced in its annual report that it is still losing its audience. Only about 4 percent of the Welsh population watch this channel, which also broadcasts in English (it was about 5 percent a year ago). Moreover, about 40 percent of Welsh speakers watch the channel at least once a week. The same number listens to Radio Cymru, the BBC's Welsh language radio service.

S4C blames the decline on the vast choice of channels available these days. As all Welsh speakers also speak and understand English, the channel faces immense competition. The chance how to compete with other channels is to spend more money on peak-time programs.

Spending of S4C on new shows will increase on average from £34,710 to £35,702 an hour, on entertainment shows from £49,086 to £63,991 an hour and on drama from £161,387 to £181,347 an hour. An S4C's new director of programs, Iona Jones, will shortly announce a new program strategy, and the British Department for Culture, Media and Sport will publish a review of the channel's activities.

S4C, currently receiving ten hours of programs free from BBC Wales, wants the corporation to increase this figure. When S4C started to broadcast in 1982, the BBC had only two channels so the contribution was seen as fair; however, now when the BBC has vastly increased its services, S4C believes it should be offered more programs¹. S4C's programs have also increased in number since 1982, not only on the main analogue channel but also on a few years ago established digital channel.

S4C hopes that with these changes it can retain the present number of viewers, and maintain its advertising revenue levels in order to be able to survive in a very competitive market.

Source: Eurolang News, Abergele, July 5, 2004 by Huw Morgan, http://www.eurolang.net/

¹ Before S4C was established, BBC Wales broadcast a number of Welsh language programs.

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Updated (August 2004)

EU OFFICIAL STATUS FOR WELSH REQUESTED

In a next few weeks the representatives of Plaid Cymru (the Welsh national party) will put pressure on the British Foreign Minister, Jack Straw, to give Welsh an official Treaty language status within the European Union.

If Plaid Cymru were successful, Welsh speakers would be able to write letters and to receive replies from the European Union in Welsh. This is already possible when writing to the National Assembly in Cardiff and to various departments of the British government.

The official Treaty language status also means that the European Constitution would be translated into Welsh before the referendum on the Constitution's acceptance in Britain, which is likely to be held sometime in 2006.

In the planned meeting with Jack Straw, Plaid Cymru will ask not only for support for the language in Europe, but also for the following: 

• The Welsh Assembly should be consulted before the European Commission publishes proposals relevant to its powers.

• One of the devolved administrations in Wales, Scotland and Northern Ireland should be granted one of Britain's two votes on relevant issues, rather than the House of Lords.

• The Assembly should be represented in British delegations to the EU Council of Ministers. The results of the referendum should be declared separately for Wales, Scotland, England and Northern Ireland, as there will be distinctive debates in the different nations.

The debate on languages used in the meetings of the European institutions has recently been reopened when Ireland's Prime Minister announced that his government would request official status for the Irish language. Moreover, the Spanish government has declared that as part of the same negotiations they would seek official recognition for the Catalan, Basque and Galician languages. All these claims could change the final agreement made at the Inter-Governmental Conference (IGC) of June 17-18, 2004.

Source: Eurolang News, Abergele, July 27, 2004, by Huw Morgan, http://www.eurolang.net/news.asp?id=4712 and Mercator News, August 2004, http://www.ciemen.org/mercator/index-gb.htm

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Updated (October 2004)

A MOMENTOUS DAY FOR SCOTTISH GAELIC

On September 27, 2004 the Scottish Executive presented in the Parliament revised and toughened legislation which will give Scottish Gaelic an official status in Scotland. One of the improvements of the bill entitled "Gaelic Language (Scotland) Bill" is to require local councils to take into account the language issue when forming education policies.

It is now expected that the Scottish Parliament's Education Committee will consider the terms of the Bill. The main provisions of the future law, which apply to the whole of Scotland, are: 

• The establishment of the Gaelic development body, Bòrd na Gàidhlig, on a statutory basis to oversee development of the language

• A requirement that the Bòrd exercise its functions with the aim of securing the status of Gaelic as an official language of Scotland;

• The introduction of a national Gaelic language plan to promote the use of Gaelic;

• The preparation of these plans by public authorities, where appropriate, to encourage and facilitate the use of the language in public life;

• A Gaelic education advisory role for Bòrd na Gàidhlig.

Bòrd na Gàidhlig¹ (the Gaelic Language Board) will have powers to provide statutory guidance concerning Gaelic education and its role will also expand to advise all public, private and voluntary sector bodies on language issues. Bòrd will decide where to focus a Gaelic language development and will determine which bodies should produce language plans. The system has been introduced to give the Bòrd and the Ministers power to monitor the implementation of public bodies' language plans and to issue directions whenever necessary.

The legislation plans to be enacted by the summer 2005 and it will work to secure the position of Gaelic² in the country. The revised version of the bill makes it easier to ensure that public bodies take Gaelic-speakers' needs into account.

According to the Minister of Education, Peter Peacock, September 27 is an historic day for Gaelic as it chases away gloomy predictions about the future of the language.

However, not all Gaelic supporters expressed approval of the new measures. Alex Neil, a member of the Scottish Parliament representing the Scottish National Party, said the bill weakens the language regeneration effort by removing ministerial responsibility for Gaelic. He also pointed to the lack of concrete provisions to protect the language. According to him, it is absolutely pointless to have a bill that does not clearly illustrate how to save the Gaelic language³.

The Bill provides similar recognition for Gaelic as the 1993 Welsh Language Act gave to Welsh and it also contributes to the implementation of the European Charter for Regional or Minority Languages.

Source: Eurolang News, Brussels, September 30, 2004, by James Fife, http://www.eurolang.net/news.asp?id=4769 and Mercator News, October 2004, http://www.ciemen.org/mercator/index-gb.htm

A REVISED POLICY TO MAKE SCOTS GAELIC IN SCHOOLS MORE ATTRACTIVE

At the beginning of October, at a meeting of the Gaelic Language and Culture Forum, a revised Gaelic policy was launched by the Western Isles Council (Comhairle nan Eilean Siar) setting out their targets for revitalization of the Gaelic language.

According to a recently presented language-planning document, almost 80 percent of youngsters on the Hebridean Islands mainly use English in their everyday conversation. Thus a lot has to be done to persuade them that speaking Gaelic is cool.

The overall objective of the revised policy is to make the Western Isles a bilingual community where Gaelic and English will be equal means of communication.

Source: Eurolang News, by Simone Klinge, Göttingen, October 8, 2004, www.eurolang.net, related link: Homepage of Comhairle nan Eilean Siar (in English and Gaelic) www.cne-siar.gov.uk/index.htm

¹ http://www.savegaelic.org/page/bord_na_gaidhlig.php

² Currently it has around 60,000 speakers.

³ Here he is driving at the failure to address the shortage of Gaelic teachers.

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Updated (February 2005)

THE SCOTTISH PARLIAMENT COMMITTEE BACKS THE GAELIC BILL

On January 25, 2005 the Scottish Parliament Education Committee published its "Stage 1" Report on the General Principles of the Gaelic Language (Scotland) Bill.

The Bill seeks to establish Bòrd na Gàidhlig with a responsibility to oversee the development of Gaelic and to secure its status as the official language of Scotland. The Bill also proposes a legal framework for the development of a national Gaelic language plan and ensures that public authorities will supervise it. Bòrd na Gàidhlig would be given a duty to provide guidance on Gaelic education under this legislation.

In the course of evidence gathering, the Committee has been particularly struck by the fragile condition of the Gaelic language. According to Robert Brown, the Convener of the Committee, there is no doubt that vigorous action has to be taken to secure the future and vibrancy of the language and the Bill provides the framework for this.

The Committee believes that though the Bill will contribute to protection of the future of Gaelic it has to be backed up by real commitment of the Scottish Executive and the Gaelic community. Gaelic has to become the language of playgrounds and homes in its strongest areas; however, Gaelic speakers and those who wish to learn it should be effectively supported also in the other parts of Scotland.

Source: Eurolang News, Brussels, January 28, 2005, by Davyth Hicks, www.eurolang.net

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Updated (April 2005)

SCOTTISH PARLIAMENT PASSES THE GAELIC LANGUAGE BILL 

The passage of the Gaelic Language (Scotland) Bill by the Scottish Parliament on April 21, 2005 marked a historic victory for Gaelic speakers who have campaigned for an official recognition of the language. 

The legislation, which was passed unanimously, establishes the Gaelic Language Board (Bòrd na Gàidhlig) by law. Up to the present Bòrd na Gàidhlig was a non-departmental public body, while from now on it will be a statutory body with greater powers. 

The Board's task is to secure the status of the Gaelic language as an official language of Scotland and to command equal respect to the English language. It will be responsible for producing a national plan for Gaelic, for advising ministers on Gaelic issues, including education, and for approving the Gaelic language plans that public authorities in Scotland will now be required to prepare. 

The bill was introduced to the Scottish Parliament in September 2004, following a public consultation exercise that attracted more than 3,000 responses. Opening the final debate on the bill, Peter Peacock, the Scottish Executive Minister with responsibility for Gaelic, said that it was imperative to act because Gaelic was a precious asset for all in Scotland. 

While the bill has been widely welcomed by the Gaelic community, many parents are disappointed that it does not enshrine children's right to receive education through the medium of Gaelic. Gaelic broadcasting is also omitted from the Bill, as broadcasting generally is not devolved to the Scottish Parliament. 

Bòrd na Gàidhlig is expected to publish the national plan for Gaelic in 2007. 

Source: Eurolang News, Truro, April 22, 2005, by Davyth Hicks, http://www.eurolang.net/news.asp?id=5003

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Updated (June 2005)

THE WELSH LANGUAGE SOCIETY WANTS A NEW ACT TO HELP LOCALS BUY HOMES 

According to the Welsh Language Society (Cymdeithas yr Iaith Gymraeg), it is essential to have a Property Act to alleviate the problem with lack of affordable houses in Welsh speaking areas. Recently, the Society launched a public consultation period on the contents of this document, which deals with every aspect of the housing crisis in Wales (sky-high prices, lack of housing for rent and housing developments that are harmful to the language). 

Since the Property Act document was first published in 1992 (and revised in 1999) numerous schemes and policies have been offered with the aim to respond to the challenge of offering affordable housing to local people. However, the biggest weakness of all these plans was that they had not offered any measures of control over the housing market, as well as over the harmful effects of this market on the Welsh language.

 Amongst the measures offered in the document are the proposals to freeze house prices and to give priority to local people. Such an act would require local authorities to carry out research on availability of properties and on the housing needs in their area. 

Cymdeithas yr Iaith wants the Welsh Assembly to allocate some money to local authorities to enable them to buy properties and to formulate a local housing strategy. The Property Act would, according to the society, establish a three-band system: for local people, for semi-locals and open. Priority would be given to locals so that they could compete in the local housing market and to stay in their communities. Cymdeithas yr Iaith wants properties to be offered to local authorities before being offered to people from outside the area. 

Copies of the booklet were sent to every Welsh member of the British Parliament and to all the members of the National Assembly. The society wants the Assembly to introduce the Property Act for Wales so that the Welsh speaking communities could be protected. 

The Assembly cannot pass this act or any other act at the moment, although there is pressure on the Labor Party, which rules both the British Parliament and the Welsh Assembly, to give more powers to the Assembly. It would be necessary to gain the support of the Labor Party in the Welsh Assembly for such an act and then ask the British Parliament to pass it, either specifically for Wales or for the whole of Britain, as a number of other areas suffer from a lack of affordable housing for locals (although the language is not an issue there).

 The consultation period on the contents of the Property Act document will last until the end of July 2005. 

Source: Eurolang News, Penygroes, May 23, 2005, by Dafydd Meirion, http://www.eurolang.net/news.asp?id=5029

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Updated (July 2005)

IRISH NGO CALLS FOR A LANGUAGE ACT 

POBAL, an umbrella organization for the Irish language in the north of Ireland is calling for the Irish Language Act. 

The NGO has been working on a draft of the law for several months with the help and support of the international language legislation experts, Robert Dunbar (University of Aberdeen), Fernand de Varennes (Murdoch University, Australia) and Wilson McLeod (University of Edinburgh). According to the Chief Executive of POBAL, Janet Muller, the completed draft will be launched in the autumn. 

POBAL plans to organize a series of consultation workshops for Irish speakers to present the draft and discuss the comments and proposals. Thus the Irish-speaking community will have a chance to have a say in this draft¹. 

In cooperation with the Council for Irish-medium Education (Comhairle na Gaelscolaíochta) a special meeting for teachers and those with a particular interest in education and the Irish language will be organized. 

Wales and Scotland have their Language Acts protecting the rights of Welsh and Gaidhlig speakers. In the south, there is the 2002 Official Languages Act and constitutional protection for the Irish language. It is high time to have a comprehensive Irish Language Act for the north and the Irish-speaking community is given the chance to lay down the law on what their needs are and how their rights should be protected. 

Source: Eurolang News, Brussels, June 9, 2005, by Davyth Hicks, http://www.eurolang.net/ 

1. The public will get a chance to comment on the draft also in writing. The POBAL's draft is available on the website www.pobal.org. Responses are expected up until August 12, 2005.  

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Updated (January 2006)

NO TO EU STATUS FOR SCOTTISH GAELIC 

The Scottish Executive have revealed that they would not try to enhance the status of Gaelic language within the EU institutions even though the European Council accepted the rule allowing the usage of minority languages which have an official status within their member states. 

A few months ago, while the UK Government did not want to allow the usage of Gaelic in the EU institutions, the Scottish Executive was still considering its position on the issue and wanted to make representations to the Government. 

Later on, it has been made clear that the Scottish Executive does not intend to raise the issue of the use of the Gaelic language in the EU institutions with the UK Government. For example, Education Minister, Peter Peacock, said that the decision to allow Gaelic to be recognized and used in correspondence with EU institutions is a matter for the government but the UK Government does not have current plans to change the existing language provisions for UK languages. Moreover, there have not been formal discussions during the UK presidency of the EU between the Scottish Executive and the UK Government on this matter. 

Source: Eurolang news, Glasgow, December 05, 2005, by Martainn Mac Leòid http://www.eurolang.net/

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Updated (February 2006)

WELSH LANGUAGE BOARD ISSUES A STATEMENT ON THE LEGISLATIVE POSITION OF THE WELSH LANGUAGE 

The members of the Welsh Language Board published a position statement on the legislative situation of the Welsh language. The paper was prepared as part of the Board's statutory functions and has been presented to the First Minister for the Welsh Assembly Government, and to the Prime Minister Tony Blair. 

The paper specifically states that there is a need to review the existing legislation. According to the Board, new measures should be developed in relation to language rights, and new legislation should be put in place to normalize the use of the Welsh language. The text also specifies that the National Assembly for Wales should be responsible for the legislation affecting the language. Furthermore, they want an independent regulator for the Welsh language to be established, with statutory powers and a clearly defined role. 

Source: Mercator News, January 2006 http://www.ciemen.org/mercator

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Updated (June 2006)

CORRECT STATUS OF IRISH IN THE EDUCATION SYSTEM 

A recommendation to decrease the status of the Irish language in the education system had been dropped from a new Draft Education Bill presented to the UK Parliament, which means a significant victory for Irish Gaelic activists in Northern Ireland. 

The Draft Bill originally proposed that second-level students would have to study one additional European language before they were permitted to study Irish. This would have a negative impact on the uptake of the language in the system with students opting out due to the demands of studying an extra language as well as Irish. 

In the new Draft Bill, however, the original proposal has been amended, ensuring that Irish will continue to have equal status with other languages. This alternation is the result of a long-running campaign by Irish language organizations that petitioned the British Government and Direct Rule Education Minister for the change. 

Seán Ó Coinn, a Chief Executive of the Council for Irish-medium Education/Comhairle na Gaelscolaíochta, welcomed the amendment saying that this is an important victory for the Irish language lobby in the North and it illustrates that public opinion, if expressed in an effective way, can still influence government decisions. 

Source: Eurolang News, June 14, 2006 by Tomaí Ó Conghaile http://www.eurolang.net/index.php?option=com_content&task=view&id=2660&Itemid=1&lang=en

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Updated (August 2006)

WELSH LANGUAGE BOARD WELCOMES STEPS TO STRENGHTEN LANGUAGE STATUS 

Meri Huws, Chair of the Welsh Language Board, welcomed the positive steps taken by the UK Government and the Assembly Government to strengthen the position of the Welsh language in the Government of Wales Bill. 

The passage of the Bill makes it a statutory duty of the Assembly Government to treat Welsh and English on an equal basis and to implement and regularly revise a statutory Language Plan. The Government will also have the duty to promote and facilitate the use of the Welsh language and to maintain, update and evaluate a policy outlining how it intends to do so. 

The Welsh Language Board believes that this is an important step to strengthen the position of the Welsh language in the context of the new arrangements for government in Wales. 

Source: Welsh Language Board, Latest News, July 27, 2006 http://www.bwrdd-yr-iaith.org.uk/ 

THE FIRST NATIONAL PLAN FOR SCOTTISH GAELIC HAS BEEN ISSUED 

The first ever National Plan for Gaelic has been put out for public consultation by the statutory Gaelic Development Agency (Bòrd na Gàidhlig), which was established under the Gaelic Language (Scotland) Act 2005 to promote Gaelic both in Scotland and abroad. The Act, which was commenced in February 2006, requires the Bòrd to prepare a National Plan for Gaelic to establish a strategic approach to the development of the language and its culture. 

The draft plan recently released proposes measures to normalize the use and promote the development of Gaelic and its culture across the full spectrum of home and community life, building on the many successful initiatives that have already taken place across Scotland.

 Moreover, the draft National Plan sets out a strategy designed to reverse the overall decline in the number of Gaelic speakers in Scotland, to increase the occasions and circumstances in which Gaelic can be used in Scotland with equality to English, and to promote acquisition of the language and thereby participation in its culture by all who wish it. The positive effect anticipated from this endeavor cannot be produced by a single agency, but relies on the co-operation and contribution of a wide range of organizations and individuals. 

Concerning this issue, Bòrd na Gàidhlig Chief Executive, Allan Campbell said that "the consultation process enables all those with an interest in Gaelic to contribute to the plan, and the Bòrd is keen to encourage the maximum possible response to achieve a positive consensus". He also declared "it is clearly very important that the Gaelic community takes ownership of the plan and works in effective partnership to realize its aspirations for Gaelic." 

The Bòrd will be holding a programme of public meetings across Scotland until 10 November 2006 to present the draft National Plan and to enable discussion of its proposals. The organizers hope that these meetings will attract considerable interest and that they will assist people to respond effectively to the consultation.

 Source: Mercator News, August 2006, http://www.ciemen.org/mercator/index-gb.htm 

THE WELSH LANGUAGE SOCIETY PUBLISHES DRAFT LANGUAGE MEASURE 

In a public meeting that was held on 9 August 2006 at the Societies Tent on the National Eisteddfod Field, The Welsh Language Society (Cymdeithas yr Iaith Gymraeg) outlined a draft for a New Welsh Language Act, which marks a further development in the growing debate regarding the need for stronger language legislation. 

On behalf of this issue, Sian Howys, a representative of the Society, said: "Over the past few months a consensus has emerged regarding the need to review the 1993 Welsh Language Act and to introduce stronger legislation that will, among other things, secure official status for the Welsh language, establish a series of basic language rights for the people of Wales and establish the post of Welsh Language Commissioner." She also added that this emerging consensus, along with the fact that further powers are being transferred to the National Assembly, means that now it is high time to start a serious discussion regarding what will be included in any new Welsh Language Act. In an attempt to facilitate such a public discussion, Cymdeithas yr Iaith has published its own draft language measure.

 Furthermore, the Society hopes that political parties, organizations and individuals will consider their proposals, provide responses, and suggest improvements and that this will push the debate forward. 

Members from all the opposition parties were also invited to take part in the meeting and to respond to the draft language measure presented by Cymdeithas yr Iaith and to outline what their respective parties intend to do over the coming months in order to push for stronger language legislation. An invitation was also extended to Alun Pugh AM, the Culture Minister, but he declined to take part. 

After the meeting, Cymdeithas yr Iaith's campaign calling for a new Welsh Language Act was launched throughout Wales. They want to continue collecting signatures on the petition until October. Then, their intention is to organize a lobby on the Language Act issue in both the National Assembly in Cardiff and the House of Commons in London. 

Source: Latest News on The Welsh Language Society (Cymdeithas yr Iaith Gymraeg) web page, August 9 and 25, 2006 http://cymdeithas.org/

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Updated (November 2006)

THE BRITISH GOVERNMENT AGREES TO INTRODUCE THE IRISH LANGUAGE ACT IN NORTHERN IRELAND 

The British government will introduce an Irish Language Act in Northern Ireland to promote the development of the Irish language, as part of the agreement, which emerged from the peace talks in Saint Andrews, Scotland, on 13 October 2006. Furthermore, it proposes a possible bill of rights, which may include language rights. The St Andrews Agreement states: "the Government will introduce an Irish Language Act reflecting on the experience of Wales and Ireland and will work with the incoming Executive to enhance and protect the development of the Irish language, heritage and culture". 

The British government's commitment to introduce this Act is welcome by Sinn Féin organization and they think that the legislative process should now move forward without further delay. 

The promises of new legislation can be considered as an important achievement for the Irish Language umbrella organization POBAL, which has been campaigning for new legislation. In a document published earlier in 2006 with the title "The Irish Language Act NI” they proposed a strong, rights based Irish language Act that would clarify and strengthen the rights of Irish speakers throughout the north to a range of Irish language services in areas such as education, the courts and employment. Janet Muller, Chief Executive POBAL, said that currently, “there are no domestic legal protections for the Irish language. The north of Ireland is the only place in British Isles where the primary indigenous language is in this position". Thus, the document has certainly revolutionized the debate around the needs of the Irish speaking community. 

Moreover, POBAL has published a Statement of Principles and a Briefing Paper that will help the community to weigh any proposals that may be floated by the government for the Irish Language Act. The latter document is a summary and brief explanation of general principles and the detailed proposals launched in February 2006 as "The Irish Language Act NI". On the other hand, the Statement of Principles contains eight basic principles that should be the key elements for future proposed legislation. The principles are as follow: 

1. The Irish Language Act must make Irish an official language in Northern Ireland.

2. It must be passed at Westminster within a published and agreed timescale.

3. It must be resourced from Westminster.

4. It must take a rights-based approach.

5. It must create a significant number and range of guaranteed rights in political institutions, local authorities, and administration of justice, education and media.

6. It must outline the Irish language services that government and public bodies must provide and within what timescale.

7. It must establish the Irish Language Commissioner for Northern Ireland and the Bórd um Chearta agus Phleanáil na Gaeilge to help manage the implementation and administration of the Act.

8. It must contain a Schedule attached to the Act listing the government and public bodies that will have the greatest role in providing Irish language services. Other agencies will work with Bórd um Chearta agus Phleanáil na Gaeilge to develop schemes that will put Irish language services in place within a stated timeframe.

Source: Eurolang News, November 10, 2006 by Davyth Hicks http://www.eurolang.net/index.php?option=com_content&task=view&id=2758&Itemid=1&lang=en and http://www.pobal.org/

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Updated (March 2007)

THE BRITISH GOVERNMENT UNVEILED IRISH LANGUAGE LEGISLATION PROPOSALS 

The British government has unveiled proposals for Irish language legislation in Northern Ireland. The plans include the appointment of an Irish Language Commissioner; the establishment of Irish language schemes for public bodies; the use of Irish in court proceedings; and for official documents to be printed in Irish. However, Culture Minister Maria Eagle has stated that the plans will go out to public consultation for a second time. This step has been strongly criticized by NGOs and politicians. 

Speaking in the UK House of Commons, the Minister, referring to the earlier consultation, said that the Government recognized that there was a divergence of views within Northern Ireland with respect to the role of the Irish language in public life. She added that it is important to build consensus around the form of any future legislation; therefore, a further consultation is needed. The purpose of this further consultation exercise is to seek views on an approach that lies in between the two primary positions demonstrated in the responses to the first consultation. Namely, those in favor of a rights-based approach to Irish language legislation and those opposed to giving any legislative base to the protection of the language. 

The consultation launched on 15 March 2007 will last for 12 weeks. In the event that the Northern Ireland Assembly is fully functioning from 26 March 2007, it will be a matter for the Assembly to take forward any legislation. Should the Assembly not be fully functioning from that date, this matter will be taken forward to Westminster. 

POBAL does not welcome the second consultation 

POBAL, the umbrella organization for the Irish-speaking community in the north, has said that the announcement by the British government of a further consultation on the Irish language Act is an act of extreme bad faith. 

Regarding the consultation, Janet Muller, CEO of POBAL, said that the British government smashed the commitment that they made in the St. Andrews Agreement. "Having created the legal fiction that language legislation must be enacted at the Assembly and subsequently running by the end of March, the British government then ensured that their promise to enact legislation at Westminster could not be fulfilled in the timescale and they announced a twelve-week delay," she noted. 

She continued, "The Irish speaking community is not opposed to consultation. Indeed, we have engaged with the public consultation process that the British government initiated in December 2006. The Department of Culture, Art and Leisure's own figures have shown that 2,500 people signed an online petition in favor of a rights-based Irish language Act, that they received 1,200 postcards and another 800 signatures on a newspaper advertisement. In addition to this, they received 668 substantive written replies to the consultation, 93 percent of which were in favor of a strong rights-based Irish language Act. Some 5,000 people marched to the center of Belfast in February to show their support for an Irish language Act and to celebrate the contribution that Irish makes to the fabric of our society." 

At present, Irish speakers feel that the British government has never intended to enact legislation for Irish at Westminster. People think that the Government must fulfill its commitment in respect of the Irish Language Act and bring the Northern Ireland into line with every other part of these islands, where the primary indigenous languages are already under clear legislative protection. 

Speaking to the BBC, Sinn Fein leader, Gerry Adams, welcomed the proposals but said that the legislation they result in must be "the strongest possible". 

"This is an important historic step forward as it will be the first piece of positive legislation on the Irish language ever introduced by the British Government in Ireland," he said. However, in a press release, Mr. Adams added, "There is no reason for a second consultation period. The previous consultation produced an overwhelming response in support of the introduction of the Irish Language Bill. I made it clear to both Mr. Blair and Mr. Hain that we were very critical of the way in which they have handled this issue and that we intend to press them on honoring their St. Andrews commitment to introduce the Irish Language Act. I would also appeal to Irish language activists to step up the campaigning around this issue." 

Similarly, Dominic Bradley (a member of the Social Democrat and Labor Party in Northern Ireland) told the BBC that there was no need for more consultation on the issue and the legislation should be enacted straight away. "The British government is pandering to the tiny percentage of respondents who oppose Irish-language legislation of any kind at any time." 

Source: Eurolang News, March 15, 2007 by Davyth Hicks http://www.eurolang.net/index.php?option=com_content&task=view&id=2845&Itemid=1&lang=en 

NATIONAL PLAN FOR GAELIC HAS BEEN ALREADY LAUNCHED 

The first-ever National Plan for Gaelic was published by the statutory Gaelic Language Agency, Bòrd na Gàidhlig, on 27 March 2007. The plan concentrates on promoting and developing the language to encourage people to learn and use it, in addition to finding ways of enhance its status. 

Furthermore, the National Plan for Gaelic provides government, local authorities, public bodies and the private and voluntary sectors with a five-year program to take the language forward. 

In regard to the plan, Patricia Ferguson MSP, Minister for Culture, said: "It shows how we can increase the number of Gaelic speakers, how we increase the visibility of Gaelic and how we build confidence so that more people are encouraged to use Gaelic in communities, to learn it, and to pass it on within families." 

Following a consultation process on a draft plan last year, significant changes have been incorporated into the final plan. The final version of the plan contains clearer aims; more detailed targets, more emphasis on adult learners and is written in a more reader-friendly way. The plan also places more weight on research and on the national status of Gaelic than did the consultation draft. 

Source: Eurolang News, March 27, 2007 by Màrtainn MacLeòid http://www.eurolang.net/index.php?option=com_content&task=view&id=2855&Itemid=1&lang=en 

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Updated (February 2008)

WIKI DEDDFU – WIKI LAWMAKING 

A project based on the same technology as Wikipedia has been launched in Wales to allow everyone to participate in drawing up a new Welsh Language Act. The new website, Wiki Deddfu - Wiki Lawmaking, is completely bilingual (Welsh-English) is open to all Welsh people for suggestions on specific legislation, to report cases of linguistic discrimination and to discuss the current state and needs of the Welsh language.

The website was presented at the beginning of February at the Welsh National Assembly, together with the report Creating a Truly Bilingual Wales, which states that current legislation does not protect Welsh speakers from discrimination.

The site will be online until May 2008, but its contents are not binding for the Welsh Assembly or for the British Parliament.

Source: Mercator Legislation, News, February 7, 2008 http://www.ciemen.org/mercator/index-gb.htm 

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Updated (May 2008)

ANOTHER 57 BODIES UNDER THE WELSH LANGUAGE ACT

Heritage Minister Rhodri Glyn Thomas has announced his plans to bring another 57 new organizations, including the Bank of England and the Royal Mail, under the Welsh Language Act. It means that they will have to provide some services in Welsh.

Minister Thomas said that this is part of their commitment to ensure that there are more bilingual services available for people. They will shortly unveil details of the Assembly Government's much-delayed Welsh Language Legislative Competence Order (LCO) - a bid for new powers for the Assembly from Westminster to make laws in the language area.

The 1993 Welsh Language Act set firm foundations for developing bilingual services in Wales. At present, there are 426 institutions already brought under the umbrella of the Act and have Statutory Welsh Language Schemes. The new organizations will also have to prepare a language scheme to show how they will provide services in Welsh.

Currently, private companies are not obliged to abide by the rules of the Act, despite calls by campaigners to change it.

At present, the Act is an abiding document only for those institutions which provide “services of a public nature” and if Heritage Minister decides so. There is however a pressure for the new language powers bid to Westminster to include the ability for the Assembly to compel private businesses to treat Welsh equally, if they provide such services.

Source: BBC News, May 8, 2008 http://news.bbc.co.uk/2/hi/uk_news/wales/7389087.stm

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Updated (July 2008)

THE WELSH LANGUAGE TO BE USED AT THE COUNCIL OF MINISTERS

The EU Council of Ministers decided to allow Welsh ministers to speak their mother tongue when representing the United Kingdom at the Council of Ministers and have their speech translated simultaneously. Furthermore, citizens will be able to write in Welsh to office holders at the Council.

The decision of the Council is based on a three-way cooperation with the Council, the UK Government and the Welsh Assembly Government. The arrangement will become operative after a panel of Welsh interpreters has been assessed at the proficiency level demanded by the EU institutions.

This decision however applies only to the work of the Council of Ministers itself; if Welsh be used at other EU institutions, separate agreements are needed. Ultimately, the Welsh Assembly Government aims to have agreements allowing for Welsh to be used in plenary sessions of the Committee of the Regions (CoR) and for correspondence with the CoR, the European Parliament, Commission and Ombudsman.

The agreement will allow citizens to write in Welsh to office holders at the Council. To do this, they will need to write to the Welsh Language Board who will arrange for the original letter and the reply to be translated. The Welsh Language Board will issue a separate press release informing the public when this service is launched.

Source: Eurolang News, July 22, 2008 by Davyth Hicks http://www.eurolang.net/index.php?option=com_content&task=view&id=3086&Itemid=1&lang=en

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