Welsh Language (Non-devolved Departments)

Susan Elan Jones Excerpts

Tuesday 20th November 2012 Westminster Hall

[Guto Bebb]

I welcome my hon. Friend’s intervention.

My specific concerns relate to the fact that I represent a constituency where about 40% of the population are first-language Welsh speakers. I would be the first to admit that not enough of those constituents who are first-language Welsh speakers demand services in Welsh, but there have been occasions since I was elected in May 2010 when I have communicated by letter with various Westminster Departments to highlight concerns about the non-provision of services through the medium of Welsh. In response, I again received examples of willingness to co-operate, but it is worrying that a Department stated in a letter quite recently that it is willing to co-operate through its Welsh language scheme and that it will consult the Welsh Language Board on how that relationship may be further developed. I wish that Department good luck, because the Welsh Language Board, as we well know, has been abolished.

[Susan Elan Jones (Clwyd South) (Lab)]

Section 43 of the Welsh Language (Wales) Measure 2011 is extremely important. Does the hon. Gentleman agree that, were the Secretary of State for Wales to give a statement of intent to do so, there would be no barrier to ensuring better Welsh language services in Whitehall Departments? Will he also join me in calling on the Secretary of State to give his section 43 consent?

[Guto Bebb]

The hon. Lady jumps ahead of me, because I will mention section 43 later in my speech, but, yes, it is an important part of the legislation.

There are concerns, because some of the services offered to the people of Wales by non-devolved Departments are crucial. We all know how important the benefits system is, and we all know the pressures faced by constituents who have to go through the Atos health care system, and for them to be able to do that in the language of their choice is important. The Department for Work and Pensions has made it categorically clear that anyone wishing to undertake such a review through the medium of Welsh can do so, but we need to ensure that we hold the Department not only to its good intentions but to its promises.

Some of the other services offered by Westminster Departments are also crucial for the recognition that the language has equal status. In that respect, I congratulate the Department for Transport, which has recently given the Driver and Vehicle Licensing Agency licensing contract to the Post Office. As I said, I have been involved in the compliance efforts of the Post Office, which is an organisation that works extremely hard to ensure a bilingual service. Having those DVLA forms available in both languages in post offices across my constituency and across the constituencies of other hon. Members is a major step forward.

Why do I raise the issue now? We are in a transitional period and are slowly moving from the Welsh language schemes that existed under the 1993 Act to the new system of standards. Obviously, for those standards to be imposed on non-devolved areas, co-operation is needed between the Secretary of State for Wales and the newly created Welsh Language Commissioner. I have concerns, because we need that co-operation to be strong, but it needs to work both ways. I am quite confident that there is good will, and that willingness to work exists in the Wales Office, but I want to ensure that that is put on record today.

As the hon. Member for Clwyd South (Susan Elan Jones) stated, one of the key points is that the 2011 Measure categorically states that the Secretary of State can ensure that there is an agreement for services to be provided by Ministers of the Crown in Welsh, where that has been discussed and developed in a co-operative fashion. I would argue, therefore, that we need to ensure that that process is addressed and articulated in the open, because transparency is always a good thing if there is some concern that that is not being provided, or that there is a lack of understanding of the requirement. The key issue is the lack of understanding of what can and what should be expected of the non-devolved Departments. I have no doubt that co-operation will be forthcoming from the Wales Office. We have seen that the intention is to work with the Welsh Language Commissioner, and I am sure that the Minister will confirm that my understanding is correct, but I will wait for his comments.

It is also crucial to state that, in addition to co-operation and agreement from the Secretary of State for Wales, we need to address the Welsh Language Commissioner being a post and an organisation created by the Assembly. We need the credibility that the Welsh Language Board used to offer as a board established by an Act of Parliament. That credibility will be forthcoming if there is a positive and strong working relationship between the commissioner and the Secretary of State for Wales. The Secretary of State for Wales should not simply sign off an order and leave it at that; there should be an ongoing process of co-operation between the Welsh Language Commissioner and the Wales Office. I ask the Minister to comment on any developments and discussions on the way in which such co-operation might happen.

If we accept the argument that there is a need for the Wales Office to be involved in the way in which the Welsh Language Commissioner and its powers are implemented in relation to the Welsh language, and I think we do, we have to ask the key question who will scrutinise that involvement. It is perfectly clear and correct that the Welsh Assembly will scrutinise the work of the Welsh Language Commissioner. That is what I expect to happen. The Welsh Language Commissioner is a body created by the Welsh Assembly, so it should be accountable to the Welsh Assembly. If the intentions behind the 2011 Measure are to be realised by co-operation and co-working between the Wales Office and the Welsh Language Commissioner, there is a question about who will scrutinise that work.

It is important that all Departments are held to account. We often hear the claim that the Wales Office has much less to do now than it did previously. This is one area where the Wales Office should be leading the charge, but there is a need for scrutiny. Have there been any discussions with, for example, my hon. Friend the Member for Monmouth (David T. C. Davies) on the possibility of the Select Committee on Welsh Affairs taking an interest in scrutinising potential co-operation between the Welsh Language Commissioner and the Wales Office? There should be accountability in the performance of any duties that affect the public. We are all clear that accountability for devolved areas will be undertaken by the Welsh Assembly, but there is a role for the Welsh Affairs Committee in monitoring the work undertaken by the Wales Office in partnership with the Welsh Language Commissioner, if that is the way forward.

I have raised my concerns because I see a disconnect between the aims of the 2011 Measure and what is happening on the ground. I do not claim that the 1993 Act was perfect, but I am concerned that the way in which it had bedded in and reached the point where it was accepted by most of the non-devolved Departments may be lost. If we lose that, it would be to the detriment of Welsh speakers in all parts of Wales, not least in my constituency.

I believe that the structures can be created in partnership between the Wales Office and the new Welsh Language Commissioner, but that has to be open and transparent, and subject to accountability through scrutiny by elected Members here in Westminster. I can see no better way of doing that than through the offices of the Welsh Affairs Committee.

I look forward to the Minister’s response.