‘Not optional’: Welsh language commissioner criticises proposals on bilingual legislation

The Welsh Language Commissioner has warned that a justice system committee does not appear to properly recognise the equal status of Welsh and English in legislation.

Efa Gruffudd Jones raised the concerns in response to a consultation by the Civil Procedure Rule Committee, the body that sets out rules for how civil court cases are handled in England and Wales.

The consultation proposes changes to who can judge court cases regarding disputes between the Welsh and English versions of legislation.

The current system, as laid out in the Civil Procedure Rules and their Practice Directions relating to the Welsh language, sees these cases brought before a Welsh-speaking judge where practical.

There is also the option to appoint an independent assessor to advise the judge.

However, in the consultation the Committee favours making it non-compulsory for such cases to be heard by a Welsh-speaking judge.

In contrast, the Welsh Language Commissioner is of the view that the judges hearing these cases must always be bilingual. She also believes that appointing an independent assessor should not be an option.

Efa Gruffudd Jones said: “There is an assumption in the consultation that the Welsh language in legislation is seen as a ‘problem’ that needs to be overcome.

“This does not recognise the fact that legislation enacted in Wales is enacted in Welsh and English and that both languages have equal status.

“In view of that, proposing that a judge can be allowed to hear such cases as an option wherever practicable is not acceptable, as the equal status of legislation enacted in Welsh and English is not an optional issue. Rather, their equal status is absolute.

“Only a judge who speaks Welsh and is therefore bilingual can determine the meaning of the bilingual texts within legislation.”

The Commissioner’s full response can be read here.