Welsh Language (Wales) Measure 2011

Welsh Language (Wales) Measure 2011
Short title	Welsh Language (Wales) Measure 2011
Long title	A Measure of the National Assembly for Wales to make provision about the use of the Welsh language in Wales.
Territorial extent	Wales
Introduced by	Her Majesty's Government
Royal assent	10 May 2011
Commencement	Various dates, 2011–2016
Related legislation	Welsh Language Act 1993, Government of Wales Act 2006

Welsh Language (Wales) Measure 2011 is a landmark piece of primary legislation passed by the National Assembly for Wales that fundamentally reformed the legal framework for the Welsh language. It replaced the system of voluntary language schemes under the Welsh Language Act 1993 with a statutory regime of legally binding standards. The Measure is widely regarded as the most significant development in Welsh language policy since the establishment of devolved government in Cardiff.

Background and legislative context

The drive for new legislation stemmed from perceived weaknesses in the Welsh Language Act 1993, which relied on negotiated schemes with bodies like the Welsh Language Board. Following the Government of Wales Act 2006, which enhanced the legislative powers of the National Assembly for Wales, the Welsh Government under First Minister Carwyn Jones committed to a new statutory approach. This commitment was influenced by campaigns from groups such as Cymdeithas yr Iaith Gymraeg and recommendations from inquiries like the 2004 Report of the Assembly's Culture Committee. The policy development was also shaped by international frameworks for minority language rights and the context of devolution in the United Kingdom.

Key provisions of the Measure

The core of the Measure created a new system of "Welsh language standards," enforceable duties on specified organizations to provide services in Welsh. It repealed much of the Welsh Language Act 1993 and dissolved the Welsh Language Board, transferring its functions. The legislation granted the Welsh Ministers powers to impose standards on bodies operating in devolved areas like local authorities, the NHS in Wales, and other public entities. It also contained provisions relating to the investigation of interference with the freedom to use Welsh and the treatment of the language in the Welsh courts system.

Establishment of the Welsh Language Commissioner

A central institutional innovation was the creation of the office of the Welsh Language Commissioner, an independent statutory officer appointed by the Queen on the advice of the First Minister. The first Commissioner, Meri Huws, took office in 2012. The Commissioner's duties, as set out in the Measure, include promoting the use of Welsh, facilitating the use of the language, conducting inquiries, investigating potential interference with the freedom to use Welsh, and enforcing compliance with the statutory standards. The Commissioner's office is based in Cardiff.

Development of standards and compliance

The process for creating standards involves the Welsh Language Commissioner providing advice to the Welsh Ministers, who then make regulations that are subject to approval by the National Assembly for Wales. The standards are categorized into promotion, operational, and record-keeping duties, applying to sectors including Welsh Government itself, local authorities in Wales, and bodies like Natural Resources Wales. The Commissioner has enforcement powers, including the issuance of compliance notices and the imposition of civil penalties for non-compliance, providing a stronger mechanism than the previous system administered by the Welsh Language Board.

Impact and implementation

The implementation of standards has significantly increased the legal obligation on hundreds of organizations across Wales to provide active services in Welsh. This has affected major providers such as Cardiff University, Welsh Water, and all local authorities in Wales. The Measure has led to increased visibility of the language in public life, including in sectors like transport in Wales and healthcare. Its introduction coincided with, and supported, the goal of the Welsh Government's strategy, *Cymraeg 2050*, to reach a million Welsh speakers by 2050.

Amendments and related legislation

The Measure has been amended by subsequent Welsh legislation, most notably by the Welsh Language (Wales) Measure 2011 (Amendment) Regulations 2015 and provisions within the Tax Collection and Management (Wales) Act 2016. The overarching legal framework was further embedded by the Welsh Language Standards (No. 1) Regulations 2015 and subsequent standard-setting regulations. The principles and systems established by the Measure continue under the renamed Senedd following the Senedd and Elections (Wales) Act 2020.

Category:Welsh law Category:Language legislation Category:2011 in Wales