Oireachtas Joint and Select Committees

Wednesday, 22 September 2021

Joint Committee on the Irish Language, the Gaeltacht and the Irish Speaking Community

Beart na Breatnaise agus Caighdeáin Teanga: Coimisinéir Teanga na Breataine Bige

Mr. Aled Roberts:

I thank the Chairman and the committee for the opportunity to present this evidence. I will start with a few opening remarks and will hand matters back to the Chairman thereafter. I am the current Welsh Language Commissioner, the person responsible for regulating the standards regime in Wales and England. This presentation is made in my capacity as Welsh Language Commissioner and my comments will derive from my experience of operating the standards, including their setting and enforcement, here in Wales.

The commissioner is a corporate sole, which is a legal entity where all powers are vested in a single person. The post is funded by the Welsh Ministers and the commissioner is appointed through a public appointments process, with the appointment being confirmed by the First Minister for a period of seven years. Although the post is not independent of government, it is an arm's length organisation. It is a quasi-judicial role which requires the holder of the post to adjudicate on cases. The commissioner is accountable to the Welsh Language Tribunal for all its regulatory decisions. The tribunal has the power to confirm, revoke or amend a judgment made by the commissioner when setting or enforcing a standard. Any organisation or citizen may submit a case to the Welsh Language Tribunal. Beyond the regulatory role, I also employ staff who undertake work to promote and facilitate the use of Welsh through non-statutory means within the private and voluntary sector.

It is important to note there are still two statutory regimes relating to the Welsh language. Devolution gave the Welsh Parliament, the Senedd, the right to legislate in the field of the Welsh language. The Welsh Language (Wales) Measure came into force in 2011 repealing much of the Welsh Language Act 1993 which preceded it. Due to the legislative context, the Senedd had no competence to legislate in the area of justice at the time the Welsh Language (Wales) Measure was given assent. As a result, Part 3 of the Welsh Language Act, which deals with the use of Welsh in the courts both civil and criminal, remains in force. Under the measures, ministerial approval from Westminster must be also obtained before standards can be imposed on Westminster ministerial departments and, to date, they all continue to implement Welsh language schemes. However, more than 122 organisations are currently implementing the language standards.

It will be easiest if I refer the committee to my written statement for details regarding the process of setting standards, how complaints are investigated and the power of enforcement. However, I am more than ready to answer any questions the committee may have.

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