Welsh Language (Wales) Measure 2011

Welsh Language (Wales) Measure 2011
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Name	Welsh Language (Wales) Measure 2011
Enacted by	National Assembly for Wales
Long title	Measure to make provision about the Welsh language; to establish the office of Welsh Language Commissioner; and for connected purposes
Passed	2011
Territorial extent	Wales
Status	Current

Welsh Language (Wales) Measure 2011 The Measure is landmark legislation enacted by the National Assembly for Wales that established statutory rights for the Welsh language in public life, created the office of the Welsh Language Commissioner, and introduced enforceable standards for service delivery. It replaced voluntary frameworks and built on precedents from the Welsh Language Act 1993, the European Charter for Regional or Minority Languages, and political commitments from the Welsh Labour and Plaid Cymru coalition discussions. The Measure has been central to policy debates involving the United Kingdom Parliament, the House of Commons, the House of Lords, and devolved institutions such as the Welsh Government.

Background and Legislative Context

The Measure emerged from long-standing campaigns by cultural institutions including Plaid Cymru, the National Eisteddfod of Wales, and the University of Wales, and advocacy by community groups such as Cymdeithas yr Iaith Gymraeg and the Welsh Language Society. It built on legal precedents set by the Welsh Language Act 1967 and the Welsh Language Act 1993 and responded to recommendations from inquiries like the Richard Commission and commissions chaired by figures such as Huw Edwards (broadcaster) and Gwyn Thomas (academic). Debates referenced comparative frameworks like the European Charter for Regional or Minority Languages, the Official Languages Act (Ireland), and the status of minority languages in jurisdictions including Scotland, Catalonia, Basque Country, and Quebec. Key political actors in passage included members of the Welsh Assembly constituency representation, leaders like Carwyn Jones, Ieuan Wyn Jones, and parliamentary figures such as Alun Michael.

Provisions of the Measure

The Measure provided legal recognition of the Welsh language and granted it official status for the first time in Wales, establishing a statutory right for individuals to receive services in Welsh from certain public bodies. It created enforcement mechanisms including the power to issue compliance notices and to investigate complaints, aligning with accountability models used by regulators such as the Equality and Human Rights Commission and the Information Commissioner's Office. Provisions included duties to prepare Welsh language schemes, obligations to set measurable standards, and powers for sanctions analogous to those exercised by the Ombudsman in oversight of public administration. The Measure also addressed institutional duties across agencies such as NHS Wales, Local health boards, Local education authorities, and cultural bodies including the Arts Council of Wales and the British Broadcasting Corporation via connections to S4C and BBC Wales.

Welsh Language Commissioner

The Measure established the independent office of the Welsh Language Commissioner, appointed through processes involving the First Minister of Wales and accountable to the National Assembly for Wales. The Commissioner’s remit includes promoting and facilitating use of Welsh, monitoring compliance, investigating complaints, and issuing standards. The role drew comparisons with commissioners in other jurisdictions such as the Information Commissioner and the Children's Commissioner for Wales, and former holders engaged with international bodies like the Council of Europe and the UNESCO on language planning. Early Commissioners worked with stakeholders including universities like Cardiff University and cultural institutions such as the Royal Commission on the Ancient and Historical Monuments of Wales.

Duties and Standards for Public Bodies

The Measure allowed the Commissioner to set binding standards for named public bodies, covering areas such as correspondence, service delivery, websites, and publications. Designated bodies included Local councils in Wales, NHS trusts, police forces, and statutory organizations like the Welsh Revenue Authority and the Care Inspectorate Wales. Standards were drafted in consultation with academic partners such as Bangor University, Swansea University, and policy units within the Welsh Government. The approach resembled statutory standard-setting by entities such as the Valuation Office Agency and regulatory frameworks seen in the Education and Inspections Act 2006 for institutional obligations.

Implementation and Compliance

Implementation involved phased designation of bodies, publication of compliance notices, and development of model policies by umbrella organizations including the Local Government Association and the Convention of Scottish Local Authorities for comparative learning. Compliance was monitored through investigations, enforcement notices, and potential monetary penalties; remedies paralleled enforcement mechanisms used by the Financial Conduct Authority and the Advertising Standards Authority in regulatory practice. Training and capacity-building partnerships were formed with higher education institutions and professional bodies such as the Royal College of Nursing and the Law Society of England and Wales to support workforce language skills and service planning.

Impact and Reception

The Measure was welcomed by cultural organizations including the National Library of Wales, Amgueddfa Cymru – Museum Wales, and performing arts companies like Theatr Genedlaethol Cymru as a major step for language rights. Critics from some political quarters and think tanks compared costs and administrative burdens to regulatory activity overseen by the Institute for Government and raised questions similar to debates around the House of Commons Library analyses of public service reform. Academic assessments from scholars at Aberystwyth University and Cardiff University examined effects on language use, public administration, and minority language revitalization, with evaluations referencing cases from New Zealand and Catalonia.

Amendments and Subsequent Developments

Subsequent legislative adjustments and guidance refined standards, including interactions with the Rights of Children and Young Persons (Wales) Measure and devolved competencies exercised by bodies like the Welsh Revenue Authority. The office of the Commissioner continued to engage with cross-border matters involving the UK Supreme Court and the Secretary of State for Wales, and worked alongside institutions such as the Equality Commission for Northern Ireland on comparative minority language protections. Ongoing policy evolution has been informed by research from think tanks like the Institute for Welsh Affairs and by international fora including the Commonwealth Secretariat.

Category:Law of Wales Category:Welsh language