Statutory Instruments in Welsh and English

2. Questions to the Counsel General – in the Senedd at on 25 June 2024.

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Photo of Rhys ab Owen Rhys ab Owen Plaid Cymru

(Translated)

7. Will the Counsel General provide an update on progress made in ensuring Welsh statutory instruments are available in Welsh and English? OQ61305

Photo of Mick Antoniw Mick Antoniw Labour 3:12, 25 June 2024

Well, we are committed to improving the accessibility of the law and, as part of our vision for promoting and facilitating Welsh as a language of the law, we wish to see all statutory instruments being made and published bilingually in up-to-date form.

Photo of Rhys ab Owen Rhys ab Owen Plaid Cymru 3:13, 25 June 2024

(Translated)

Thank you, Counsel General. I'm pleased to hear your aspiration, and I was pleased to read recently, in the annual report for 2023 on the future of Welsh law, that 96 per cent of legislation and Bills in Wales are available in both languages. However, as you know, that's not true about statutory instruments, with only 43 per cent of them available in Welsh. If the Welsh language is to be treated equally with English, then it is crucial that that small figure increases substantially and swiftly. You will also know, Counsel General, that the legislation committee has written to you in the past with corrections to the Welsh versions of these instruments. So, what are you doing to ensure that the Welsh versions of legislation are available in a timely and correct manner? Thank you.    

Photo of Mick Antoniw Mick Antoniw Labour 3:14, 25 June 2024

Well, can I thank you? It is a very important piece of work that needs to take place, and there is work that is ongoing. There has been considerable progress, and, as I tell people very regularly, we are now creating a whole new Welsh legal dictionary—one that did not exist before—in terms of the terminology, in terms of the use of language, on the basis that Laws in Wales have to be equally available in Welsh and English in equal status and stature.

When we make laws in Wales, of course, we make them bilingually. I very much welcome the work that the Legislation, Justice and Constitution Committee has undertaken, in particular, obtaining the assurance that there is no reason why those laws that are made jointly, which involve the UK Government, should not equally be made in Welsh. I have to say that I think it is unacceptable that there can be reference to the availability of some of those laws in Welsh as a courtesy language. Welsh is not a courtesy language with regard to laws that apply in Wales, it is an equal language, and that is something we have to continue to maintain and to hopefully make further progress on.

We have, of course, been updating legislation on legislation.gov.uk, which I know the Member will be familiar with. Since we began working with the team, we have been able to bring 70.5 per cent of the Welsh language text of Welsh statutory instruments up to date, and 81.2 per cent of texts in the English language. It is a long-term project as there are over 40,000 effects to be applied to Welsh statutory instruments, a number which only increases as legislation is amended in the future. But I do commend those members of staff, those officials and those lawyers working for Welsh Government. There is an absolute commitment to achieve this, to make progress, and we will make that progress as quickly as we can. As the Member knows, for historic reasons, there is a large backlog and a lot of work to be undertaken, as well as the issue of codification and consolidation, which of course does also then transfer law that is predominantly written in English into bilingual text.

Welsh language

The language of Wales spoken by around 25% of the population. It is an Indo-European language and belongs to the Celtic group. It was made "offical" in Wales by the Welsh Language Act 1993. It is known in Welsh as Cymraeg.

Bills

A proposal for new legislation that is debated by Parliament.

laws

Laws are the rules by which a country is governed. Britain has a long history of law making and the laws of this country can be divided into three types:- 1) Statute Laws are the laws that have been made by Parliament. 2) Case Law is law that has been established from cases tried in the courts - the laws arise from test cases. The result of the test case creates a precedent on which future cases are judged. 3) Common Law is a part of English Law, which has not come from Parliament. It consists of rules of law which have developed from customs or judgements made in courts over hundreds of years. For example until 1861 Parliament had never passed a law saying that murder was an offence. From the earliest times courts had judged that murder was a crime so there was no need to make a law.