Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration Bill

Debate between Lord Morgan and Lord Aberdare

Monday 16th December 2013 Lords Chamber

[Lord Aberdare (CB)]

My Lords, I support the amendments in the name of my noble and right reverend friend Lord Harries of Pentregarth, especially Amendment 165B. I also welcome the amendment in the name of the noble and learned Lord, Lord Morris of Aberavon, which seeks to make specific provision in the Bill for the Welsh language. I want to make only one point. Even the heroic efforts of the civil society commission, which so many of your Lordships have spoken about, and which I fully endorse, could not resolve all the issues raised by the Bill. The commission has made it clear that some of its recommendations are the best that it could come up with in the time available and should apply until the next election, but then should be reviewed in detail. Therefore, my question is really one of process because it seems to me that our views on the Bill could be very different if we are looking at something that will do up until the next election. For example, I believe that in the longer term staff costs will need to be incorporated in some way because they could make a real difference in terms of promoting or procuring electoral success. However, at the same time, I would not want to see an unacceptable burden imposed on the “small platoons” who would find it very difficult to account for those costs.

If we are talking about a process whereby we come up with something that people can live with until the next election, and the Government will then review it and look at how these things work in practice and examine what the real issues are that we are trying to guard against, I would be much more comfortable about the debate we have had this afternoon, and not need to dot all the “i”s and cross all the “t”s, as my noble friend Lord Ramsbotham indicated.

[Lord Morgan (Lab)]

My Lords, I did not intend to speak in this debate but I wish to comment briefly in support of the amendment moved by my noble and learned friend Lord Morris of Aberavon, which was supported by the noble Lords, Lord Elystan-Morgan and Lord Wigley. It seems to me that if that amendment is not accepted, the consequence would be both unfair and illogical. It would be unfair because the Welsh language would be regarded as a burden and an additional incubus on an organisation rather than as something that ought to happen naturally, and which was sanctioned by the law in 1967 and 1993. It would also be illogical because it would run counter to what has happened over many decades in civil society in Wales and elsewhere such as local government, the social services and, in my own experience, in higher education. When I was vice-chancellor of the University of Wales, which is now almost defunct, significant procedures were in place for translating papers into Welsh and back into English and facilities for simultaneous translation. These were a natural part of our working processes in the university and, importantly, did not impose an extra charge. They did not take money away, as it were, from education, teaching or research.

This brief debate has shown that constitutional law and legal proceedings have often lagged behind what is happening in civil society or, frankly, have lagged behind common sense. I was struck by that when I listened to the comments of the noble Lord, Lord Elystan-Morgan. He referred to the Act of Union of 1536, which was an almost totalitarian measure intended to extinguish the Welsh language for public purposes. However, it was nullified by other developments in Wales at that time, not in the legal or political spheres but particularly by developments in religion. The most important phenomenon of that century was the translation of the Bible into Welsh by Bishop Morgan, although I am afraid that I cannot claim him as an ancestor. That seems to be a way in which civil society has civilised and nullified the effect of constitutional law, and I hope that it will do so again.