The
Committee consisted of the following
Members:
Chairmen:
Mr.
Martin Caton,
Mr.
Martyn Jones
Ainger,
Nick
(Carmarthen, West and South Pembrokeshire)
(Lab)
Brennan,
Kevin
(Cardiff, West)
(Lab)
Bryant,
Chris
(Rhondda)
(Lab)
Clwyd,
Ann
(Cynon Valley)
(Lab)
Crabb,
Mr. Stephen
(Preseli Pembrokeshire)
(Con)
David,
Mr. Wayne
(Parliamentary Under-Secretary of State for
Wales)Davies,
Mr. Dai
(Blaenau Gwent)
(Ind)
Davies,
David T.C.
(Monmouth)
(Con)
Flynn,
Paul
(Newport, West)
(Lab)
Francis,
Dr. Hywel
(Aberavon)
(Lab)
Gillan,
Mrs. Cheryl
(Chesham and Amersham)
(Con)
Griffith,
Nia
(Llanelli) (Lab)
Hain,
Mr. Peter
(Secretary of State for
Wales)Hanson,
Mr. David
(Delyn)
(Lab)
Havard,
Mr. Dai
(Merthyr Tydfil and Rhymney)
(Lab)
Howells,
Dr. Kim
(Pontypridd)
(Lab)
Irranca-Davies,
Huw
(Ogmore)
(Lab)
James,
Mrs. Siân C.
(Swansea, East)
(Lab)
Jones,
Mr. David
(Clwyd, West)
(Con)
Llwyd,
Mr. Elfyn
(Meirionnydd Nant Conwy)
(PC)
Lucas,
Ian
(Wrexham)
(Lab)
Michael,
Alun
(Cardiff, South and Penarth)
(Lab/Co-op)
Moon,
Mrs. Madeleine
(Bridgend)
(Lab)
Morden,
Jessica
(Newport, East)
(Lab)
Morgan,
Julie
(Cardiff, North)
(Lab)
Murphy,
Mr. Paul
(Torfaen)
(Lab)
Öpik,
Lembit
(Montgomeryshire)
(LD)
Owen,
Albert
(Ynys Môn)
(Lab)
Price,
Adam
(Carmarthen, East and Dinefwr)
(PC)
Pritchard,
Mark
(The Wrekin)
(Con)
Ruane,
Chris
(Vale of Clwyd)
(Lab)
Smith,
John
(Vale of Glamorgan)
(Lab)
Tami,
Mark
(Alyn and Deeside)
(Lab)
Touhig,
Mr. Don
(Islwyn)
(Lab/Co-op)
Williams,
Mr. Alan
(Swansea, West)
(Lab)
Williams,
Mrs. Betty
(Conwy)
(Lab)
Williams,
Hywel
(Caernarfon)
(PC)
Williams,
Mark
(Ceredigion)
(LD)
Williams,
Mr. Roger
(Brecon and Radnorshire)
(LD)
Willott,
Jenny
(Cardiff, Central)
(LD)
Alan Sandall, Committee
Clerk
attended the
Committee
Welsh
Grand
Committee
Wednesday 14
October
2009
[Mr.
Martyn Jones in the
Chair]
National
Assembly for Wales (Legislative Competence) (Welsh
Language)
9.25
am
The
Chairman: It might be helpful if I remind Members of the
timing of the debate. We have from now until 11.25 am. We will meet
again at 2 pm, with Mr. Martin Caton in the Chair, and the
debate on the motion can continue until 4
oclock.
The
Secretary of State for Wales (Mr. Peter Hain):
I beg to move,
That the
Committee has considered the matter of the Ninth Report from the Welsh
Affairs Committee, Proposed National Assembly for Wales (Legislative
Competence) (Welsh Language) Order 2009, HC348, and its implications
for Wales.
For the
benefit of the Committee membersand after seeking your
approval, Mr. Jones, and that of othersI thought it
would be appropriate for my hon. Friend the Member for Aberavon to open
the debate as we are discussing his Committees very important
report.
Mrs.
Cheryl Gillan (Chesham and Amersham) (Con): I wonder if
you could advise me on something, Mr. Jones. The Secretary
of State has moved the motion to discuss the report produced by the
Welsh Affairs Committee. We have received a copy of a letter, dated 5
October, that was written to the Chairman of that Committee from the
Secretary of State. It states that the Welsh language competence order,
which was the subject of scrutiny, has been changed. Furthermore, we
have received a written statement from the Welsh Assembly Government,
which also changes the subject matter of that order. Paragraph 12 of
the Select Committees ninth report, which we are debating,
states:
It
is possible that there will be significant changes to the wording of
the draft Order after the pre-legislative scrutiny period and should
this be the case, the Committee would wish to return to the draft Order
to give consideration to any substantial changes that have been
made.
From
the two documents, it is clear that substantial changes have been made
to the order. I presume that the Secretary of State is not going to
quarrel with the recommendation of the Select Committee. I understand
that the Select Committee met yesterday, but we still do not know the
outcome of that meeting. We do not have an order to look at, and the
report has been superseded by what has passed on through formal
documentation, although what legal status it has I do not know. May I
ask you for a ruling, Mr. Jones, as to whether it would be
more sensible, in the interests of Wales, the Welsh people and doing
proper justice for the Welsh language that we delay this sitting of the
Welsh Grand Committee until possibly next week. It is not a question of
delaying proceedings; it is just so that we can have the right
documentation in front of the
Committee.
Mr.
Hain: Further to that point of order, Mr.
Jones. Can I just say to the Committee and remind the hon. Lady that
further to that point of
order
[Interruption.]
Mrs.
Gillan: It was not a point of
order.
Mr.
Hain: I do not know what it was if it was not a point of
order. This Committee has been convened to consider the motion on the
report. In addition, I circulated, as the hon. Lady has fairly pointed
out, my response to the report to every member of the Committee,
including her, in an e-mail sent on 6 October at 9.24 last week. It may
also be helpful to point out to the hon. Lady that Standing Order No.
102 does not allow the Committee to consider delegated legislation on a
formal motion, unlike the position for the Northern Ireland and
Scotland Grand Committees, where the relevant Standing Orders do permit
such consideration. What we are doing is considering the report. It is
a very important report and I think we should get on with
it.
Alun
Michael (Cardiff, South and Penarth) (Lab/Co-op)
rose
Dr.
Hywel Francis (Aberavon) (Lab)
rose
The
Chairman: May I tell the hon. Member for Chesham and
Amersham that that was a point of order, and I took it as such? I am
now going to move on because, as she will see from the Question that
has just been put to the Committee, the report, as issued by the
Committee, is the one that is being considered by this Committee today.
I therefore intend to move on and that is my
ruling.
9.30
am
Dr.
Francis: Bore da. Diolch yn fawr.
May I begin,
Mr. Jones, by thanking you and Mr. Caton for
agreeing to this new format? Through you, may I thank my right hon.
Friend the Secretary of State for Wales, for proposing that format
following discussions with me on behalf of the Welsh Affairs Committee?
I bring the report from my Committee on the Welsh language legislative
competence order to the Welsh Grand Committee with pride, because it
enjoyed unanimous support. However, it is challenging, too, because it
poses alternative solutions. We arrived at our approach because we were
impressed by the remarkable enthusiasm and good will towards the Welsh
language. At the outset, I urged my Committee to recognise the
contributions to the protection and enhancement of the Welsh language
of all four main parties in Westminster that represent the Welsh
people, both English and Welsh-speaking. We started from that agreed
position of mutual respect and support. I believe that we all desire to
see the Welsh language prosper and flourish, and to do so in a
particular enabling and democratic context. Professor Colin Williams, a
leading academic in Wales, characterised that spirit when he spoke of
a
a
rapidly changing world which recognises citizenship and civic identity,
as much as linguistic birthright, as the basis of participative
democracy.
There is, however,
concern in some quarters that new Welsh language legislation might harm
the economy. For that reason, I reflect on our recent history to seek
to harmonise and unify work around the language and the
economy.
It
does not take much of an imaginative leap from that approach to the
powerful slogan, Heb gwaith, dim iaithwithout
work there is no languagewhich was used in the 1980s to defend
Welsh rural and industrial communities. It was attributed to two very
differentwhat I would call
quasi-revolutionaryorganisations: the Welsh
Language Society and the south Wales area branch of the National Union
of Mineworkers, which worked closely together during the miners
strike of 1984-85 and used the slogan effectively. In reality, it
appears to owe its origins, as I have said many times in the House, to
the slate-quarrying communities of north Wales in the 1940s and 1950s,
and it was popularised by the late Goronwy Roberts, a Labour MP
for Caernarvon, and probably also by the late Lord Cledwyn. On
reflection, it could also have been used by Liberals such as Lloyd
George or Lord Geraint; Conservativesnotably Lord Roberts of
Conwy; Labour authorities such as Flintshire and Glamorganshire, early
promoters of bilingual education; and even todays CBI Wales
leaders. The late Gwynfor Evans most certainly endorsed such
campaigning throughout his political life in calling for the survival
of rural and industrial communities all over
Wales.
In
our lifetimes, tens of thousands of people have become convinced that
Welsh is not a dying language, as I heard it was too frequently in the
Cardiff of my youth. Many of the thousands who have been convinced over
the past 50 years were practical visionaries, such as the late Norah
Isaac of Trinity college, Carmarthen, who told us to take pride not
only in our language but in our many indigenous dialects, and my late
father who would scold us children if he heard English on the hearth:
Beth ywr Saesneg mawr
hyn?
Building
on that sea change, the challenge before us as a people is to ensure
that the Welsh language is part of the wider world, both culturally and
economically as Professor Colin Williams has suggested, and that it
exists within a thriving economy, recognising the potentially positive
and benign interrelationship between work and both our languages. The
evidence from the two seemingly contrasting bodies, Cymdeithas yr Iaith
and CBI Wales, was complementary. They were united in their recognition
of that powerful axiom: heb gwaith, dim iaith. Our
starting point, therefore, was to find common ground between us all,
built on a genuine cross-party
approach.
Could
I just say a little about the process? The role of the Welsh Affairs
Committee in the pre-legislative scrutiny of legislative competence
orders has often been misunderstood. We are responsible for taking a
proposed order and testing it against the evidence we receive from
interested parties, including businesses, industry, charities, the
voluntary sector, campaign groups and Ministers from both the Wales
Office and the Welsh Assembly Government. It is not our role to rewrite
proposed orders nor do we attempt to do so in our reports. Nor do we
speculate on measures. I have firmly stopped members of my Committee
trying to introduce discussion on such measures. I see a number of
members of the Committee nodding assent from a sedentary
position.
Our inquiries
take a proposed order that has been given to us for scrutiny and check
whether it is likely to fulfil the aim for which it has been designed
or whether there are problems with the drafting that might lead to
unintended consequences or difficulties further down the line. After we
have published a report at the end of our inquiry, the Wales Office and
the Welsh Assembly Government will consider whether they want to
redraft the order before submitting it to Parliament for approval. We
hope that they will listen to our recommendations and improve the
order. I must say on behalf of the Committee that we are delighted that
that has happened in this case. After all, it is the purpose of
pre-legislative scrutiny to highlight any potential problems so that
they can be resolved at an early stage. Pre-legislative scrutiny of
these LCOs helps to ensure that the people of Wales have a robust
legislative framework within which the Assembly can go on and make
measures.
In the case
of the Welsh language LCO, I thought that it was important to hear the
widest possible range of views from all parts of Welsh society. I
arranged to hear evidence through the medium of Welsh for this inquiry
and the Committee took oral evidence from Welsh language groups,
including Cymdeithas yr Iaith Gymraeg, Mudiadau Dathlur
Gymraeg, the Welsh Language Board, the CBI, the Federation of Small
Businesses, telecommunications and utilities industries. We also heard
evidence from the Catalan Government about their experience of language
law. We received a substantial amount of written evidence, including
many individual submissions from members of the public. I would like to
thank everyone who took the time to contact us, including those still
writing to the Secretary of State for Wales and copying their messages
to me demanding that we hurry up with our report. I was delighted to
inform them that we published our report more than three months ago. I
am proud to say that a number of organisations gave evidence in Welsh
and a significant majority of members of my Committee asked questions
in Welsh. I am also proud of the work that they devoted to this
important inquiry. A number of people who contacted us asked us to
complete our work as quickly as possible. As Chairman, my objective is
to ensure that the Committee does a proper job of scrutiny as
effectively and as expeditiously as possible. I believe that we
achieved that aim. I gave a personal undertaking to the Welsh Assembly
Governments Culture Minister, Mr. Alun Ffred Jones,
that we would deliver our report before the summer recess and he has
thanked us for that several times.
Our scrutiny
of the Welsh language order ran in parallel with that of an Assembly
Committee which was looking at the same order. Members of my Committee
held a very productive meeting with members of that Committee towards
the end of our evidence-gathering process at which we exchanged views
about the order and discussed the main issues which came up in
evidence. In my view, the Assembly Committee produced an excellent
report and many of our recommendations build on the suggestions that it
made. I would like to place on record my personal thanks to its Chair,
Mr. Mark Isherwood AM, for the close working relationship we
managed to develop during that period.
Albert
Owen (Ynys Môn) (Lab): It is important to put on
record, when considering timetabling and indeed the workload of the
Welsh Affairs Committee in the
pre-legislative scrutiny process, that not only did we do that LCO but
some important work on other LCOsnamely, environment and mental
healthand gave all three equal consideration and, as my hon.
Friend said, did a proper
job.