Identity and Language (Northern Ireland) Bill [Lords]

Debate between Stephen Farry and Hywel Williams

2nd reading
Wednesday 12th October 2022 Commons Chamber

[Hywel Williams (Arfon) (PC)]

First, may I acknowledge the trepidation that I feel in standing up to talk about this matter? I hope that I can make a positive contribution about some of the lessons that we have learned in Wales over many, many years from addressing these issues.

I approach this matter today with a proper sense of humility. I have never been involved in Northern Ireland politics.

[Stephen Farry]

You are very welcome.

[Hywel Williams]

There is enough at home, actually! I do not really want to address the political aspects in any way, really; as I said, I want to share some of the fruits of our experience.

Obviously, no two situations are the same, and the situation with Welsh is very different from the situation with Irish, Ulster Scots or any other language used in these isles. What I think we can give, however, is a certain sense of reassurance that the language issue can be depoliticised to a degree, which, in fact, is liberating for all the parties involved. I am very much a glass-half-full person. At the last election in Wales, even the United Kingdom Independence party managed to include some Welsh in its pamphlets, which says something about the degree of depoliticisation of the language there. We have developed a provision for all traditions, including the tradition of speaking Welsh.

By now, we have also avoided some of the pitfalls. I will say a little about language law, because I think there are pitfalls there which should be avoided—particularly in relation to the Welsh Language Act 1967—but let me first acknowledge some of the contributions made by Members sitting behind me, and the gut-wrenching emotional elements of language change. Writing in the 1960s, the Welsh philosopher J.R. Jones said something very interesting. He said that some people had experienced leaving their countries, turning their backs on their countries and perhaps not coming back, but he knew of an experience that was even more gut-wrenching: the feeling that you are not even leaving your country, but your country is leaving you—that change is somehow a threat. He was referring at the time to the decline in the number of Welsh speakers to about one in five. We are in a somewhat different situation now as we look forward to the census: it seems likely that the proportion will be one in three. Given our target of 1 million Welsh speakers, there is a long way to go and a great deal of work to do to take people with us.

One of the differences relating to Welsh is that it has always been a language for official business. Traditional Welsh law was codified as long ago as 950 by my namesake Hywel Dda—or Hywel the Good: that is something that has been thrown in my face for many years! However, in 1284 the Statute of Rhuddlan took away the Welsh criminal code and replaced it with the Norman criminal code. The civil code was replaced in 1535 and 1542 by the “Acts of Union”— the Laws in Wales Acts—including the penal clauses, one of which states that

“no Person or Persons that use the Welsh Speech or Language, shall… enjoy any manner Office or Fees”

in the King’s realm. That is the sort of exclusion to which the Welsh language was subject at the time. There was also a reference to “sinister Usages and Customs”. That illustrates some of the emotional elements surrounding a language that was seen as strange, dangerous and difficult. As a younger person, I used to glory in the fact that I had a “sinister usage and custom” in that I spoke Welsh, but those laws were finally repealed in 1993. That is the extent of their history.

The Welsh Language Act 1967, to which I said I would refer, introduced the concept of equal validity. One of the pitfalls that I mentioned is the provision that, in the case of divergence,

“the English text shall prevail”.

That sounds quite reasonable until we think about how it might be applied. If the Welsh law says “Mae dau a dau yn bedwar” and the English law says “Two and two are five”, it will be five, not four. That is the situation that pertained until the 1993 Act, which established the Welsh Language Board.

We have now reached a position in which all matters involving the Welsh language have been devolved. I do not think I should really be standing here talking about Northern Irish affairs—I think that this should have been decided in Northern Ireland—and I certainly do not wish to extend my contribution beyond this Second Reading debate.

In 2009, I was part of a Committee here that looked at devolving the Welsh language entirely by a legislative competence order. That Committee was made up of Members from Wales and we learned a great deal about co-operation across parties and the depoliticisation of the issue. The Committee was chaired by Professor Hywel Francis from the Labour party. I was a member, and I worked closely with him, with Mark Williams from the Liberal Democrat party and also with the right hon. Member for Clwyd West (Mr Jones), who, although I disagree with him entirely on most things, is also my right hon. Friend. We were able to meet across the table and decide, after a great deal of careful consideration, that the language issue should be devolved entirely to the Assembly in Wales, as it then was. It is now the Senedd. That led to the current state of play in terms of language in Wales. The Welsh Language (Wales) Measure 2011 gave official status to the Welsh language and set up the commission, along with various other things that hon. Members will be familiar with. That is the process that I would want to see in respect of matters in Northern Ireland. It should be decided in Belfast.

I want to say a bit about the practical outcome of having language—knowledge emancipates all languages and traditions—and to look at how things are in Wales now. I know that the use of language in courts of law is not part of this Bill, but in Wales—in the Crown court in Caernarfon, for example, which I am familiar with, and elsewhere—Welsh can be used in court without any special preparation. It is just a normal part of life; it has been normalised, which is a word I think the hon. Member for North Down (Stephen Farry) used. It is becoming unremarkable. In that respect, it allows people to address other issues that are of equal importance. We also have all-Welsh hearings with simultaneous translation, which has become normalised. It has a cost, certainly, but it enables people to use the language of their choice. I am in favour, as Conservative Members are, of people being afforded the greatest choice possible. That includes cases of the most serious kind. Murder cases are heard in Welsh in Caernarfon and elsewhere.

Turning to one entirely practical consequence, my interest is in social policy, social work and work with children, and the courts can now acknowledge that the language of the home might not be English and that children can be heard in the language that they speak at home. Again, that is not in the Bill, but I think enabling children to give their evidence in the most acute cases in the language of their choice is just a matter of good law and good practice.

In Wales, there has been a long process, not an event. There is always a temptation to see any piece of law or social development as the last barricade that must be defended at all costs. As I have outlined briefly in my speech, the process is best looked at by the people directly involved; but it is a process none the less. I hope that my speech will go some way towards reassuring the sceptical and giving hope to the optimistic.