Legislation Committee No. 5
Proposed National Assembly for Wales (Legislative Competence) (Welsh Language) Order 2009
Consultation Responses
LG26(i) Dr David Dalby
The Proposed LCO in Council on the Welsh language
an individual submission from: Dr David Dalby, to legislationoffice@wales.gsi.gov.uk (with copy to welshcom@parliament.uk)
20th March 2009
As indicated in the postscript to my submission on the above subject dated 4th March 2009. addressed to the Welsh Committee of Parliament (see Appendix below), I have the honour to submit to the Legislative Committee my further evidence as follows.
Summary
1
.
As a professional linguist concerned with the study and teaching of European and African languages for the last sixty years, I write in support of the proposed LCO on the Welsh language.
2. I believe, however, that the proposed LCO should make specific reference to the field of Education, even though the National Assembly for Wales already has legislative competence in that field.
3. Education is fundamental to any strategy relating to the future of the Welsh language. The laying of the proposed LCO in 2009 has made it appropriate that all educational planning for that future be now publicly reviewed and discussed as an integral part of the scrutiny of the National Assembly’s existing and proposed legislative powers (see para 22).
4. The principle of "the treatment of the Welsh and English languages on the basis of equality" has been specifically raised in the context of the proposed LCO, with a view to allowing the Welsh and English languages to play a more equal role in Welsh public life.
5. The same principle must apply also and specifically to the field of education, where at present individual schools and LEA’s do not always treat the two languages on the basis of equality, through the operation of officially sanctioned programmes which favour either Welsh or English.
6. There can be no quid pro quo in this area, since most individual children attend only one category of school. There is no apparent reason why all school-children in Wales should not enjoy the benefits of efficient bilingual education.
7. I therefore propose that the wording of Matter 20.1 be extended as follows:
Matter 20.1: Promoting or facilitating the use of the Welsh language; and the treatment of the Welsh and English languages on the basis of equality, in the Field of Education and elsewhere.
The essential relevance of bilingual education to the purposes of the proposed LCO
8. The desire of the National Assembly to acquire legislative competence with regard to the Welsh language reflects the right of any linguistic community to defend and if necessary legislate in favour of a language which has suffered and might continue to suffer from the presence of another more widely used language in the same country.
9. At the same time, it is clearly appropriate that any such legislative competence should be acquired and exercised in careful consideration of other rights which might be affected by future legislation on the subject of the use of individual languages, especially in the field of compulsory education.
10. The Welsh language (Cymraeg) is in a unique position in the world. Although spoken in a small country on the fringe of Europe, its speakers have successfully resisted the penetration of this country during the last two millennia by two of the most powerful languages in the history of the world, first Latin and then English.
11. Because of such long and successful efforts to retain its own language, Wales is strongly placed to provide an example to other linguistic communities of ways in which less widely spoken languages may retain their traditional usage and integrity alongside the increasing use of English as the dominant world language.
12. For this reason, as well as for reasons of personal rights within Wales itself, it is of fundamental importance that any future legislative competence with regard to language use in Wales should be formulated and exercised with utmost care and consideration.
13. A generation of Welsh speakers has had great success in the development of Welsh medium education during the second half of the last century, overturning centuries of prejudice against the language of Wales. It is important, however, that that same success should not lead to any legislation in the short-term favour of the Welsh language which might in fact be to its long-term disadvantage.
14. In laying the present LCO before Parliament, the National Assembly has emphasized the principle of "the treatment of the Welsh and English languages on the basis of equality", as invoked in the Welsh Language Act 1993. It is of importance that this principle should be observed in both directions in the field of education, notwithstanding the huge inequality in the relative communicational power and reach of the two languages.
15. The future of the Welsh language will depend on the willingness of the non-Welsh speaking majority in Wales to acquire that language, or rather to ensure that their children acquire fluency in the Welsh language from the earliest possible age. In a democratic society, however, any suggestion of legislative coercion in favour of a less widely spoken language in a bilingual context is liable to be counter-productive.
16. For this reason also, it is important that Welsh and English should be treated on the basis of equality throughout the educational system in Wales (see para 42 below). No child should be denied an efficient education through the medium of both languages from the beginning of compulsory education in Wales, either at school or otherwise. Beyond the immediate goal of defending the Welsh language lies the wider goal of providing all children in Wales with the advantages of a truly bilingual system of education.
17. In this context, the central purpose of the present submission is to draw attention to the central and unavoidable link between the legislative competence of the National Assembly for Wales in the field of education (Field 5 in the 2007 LCO on Framework Powers, and in Annex A to the presently proposed LCO) and the Assembly’s proposed competence in the field of the Welsh language (Field 20).
18. On 3rd February 2009, a Statement on the proposed Welsh Language Legislative Competence Order was presented to the National Assembly by the Minister for Heritage Alun Ffred Jones AM.
19. At the outset of that Statement, the Minister emphasized that:
“Rhaid cofio mai cychwyn y broses yw’r cyhoeddi [ y GCD arfaethedig]. Mae gwaith o’n blaen cyn bod cymhwysedd gan y Cynulliad i ddeddfu. Bydd digon o amser i drafod manylion sut mae hybu a hyrwyddo’r iaith, gan sicrhau nad yw hynny’n amharu ar hawliau siaradwyr Saesneg.”
(“It must be remembered that publication [of the proposed LCO] is but the start of the process. There is work ahead before the Assembly achieves competence in this field. There will be many opportunities to discuss the details of how best to promote and facilitate the Welsh language, while ensuring that none of this subtracts from the rights of English speakers.”)
20. The Minister further emphasized that it would be for a Measure derived from the proposed LCO to create structures confirming official status for both Welsh and English, including linguistic rights in the provision of services and the establishment of the post of language commissioner.
21. Nevertheless, among the subsequent questions and statements of support from all political parties, three Assembly Members commented on the exclusion of education from the matters covered specifically by the proposed LCO.
22. The Minister reminded Members that a Welsh language strategy is currently in preparation and that a crucial discussion on Welsh language education will be possible after it becomes available in the spring [ of 2009]. He went on to explain:
“Cyfeiriasoch at addysg, ond byddwn wedi tybio y byddai’r rhan fwyaf o’r pwerau hynny gan y Cynulliad yn barod. Nid oes arnom angen mwy o bwerau i wneud unrhyw beth y mae angen inni ei wneud yn y maes hwnnw; mae eisoes yn fater i ni yma. Ni wn sut y byddai addysg wedi’i gynnwys yn y GCD arfaethedig; byddai’n sicr wedi arafu’r broses, a byddem yn dal i aros am y ddeddfwriaeth, ac nid ydym yma i wneud hynny.”
(“You referred to education, but I would have thought that, for the most part, those powers already reside with the Assembly.
We do not need any more powers to carry out anything that we need to do in that area; it is already a matter for us here. I do not know how education would have been included in the proposed LCO; it would certainly have slowed down the process, and we would still be waiting for the legislation, which is not what we are about.”)
23. This forthcoming “crucial discussion” will indeed be crucial for the development of Welsh language education, for the planning of a truly bilingual Wales and – inevitably – for the establishment of clear principles for the measures dependent on the currently proposed LCO.
24. There appears to be no reason why the discussion of legislation in Wales relating to language use and/or languages in education should not pay due regard to three basic principles, formulated and published by UNESCO in a Position Paper entitled Education in a multilingual world
(Paris 2003). These three Principles, based on a review of previous declarations and recommendations, may be briefly set out as follows:
25. “Principle 1: Mother tongue instruction is essential for initial instruction and literacy and should be extended to as late a stage in education as possible … Every pupil should begin his or her formal education in his or her mother tongue …
26. Principle 2: Bilingual and/or Multilingual education [ involves] … the early acquisition of a second language in addition to the mother tongue…
27. Principle 3: Inter-cultural education [ is a means to] eliminate discrimination in education at all levels on the basis of … language… or any other form of discrimination.”
28. These three principles are each directly relevant to the scrutiny of the proposed LCO on the Welsh language. They are relevant not because they have any legal force, but because they raise inter-dependent principles for protecting the educational rights and needs of all children, fully pertinent to the proposed LCO and its present scrutiny.
Principle 1
29. It is self-evident that children, having invested the first years of their lives acquiring a means of communication within their family environment, will be better placed to tackle the new environment of early education if they are able to do so in their mother tongue.
30. A century ago, children were often scolded, or even punished, for talking their mother-tongue at school - if this happened to be the Welsh language in Wales, for example, or the closely related Breton language in France.
31. We now live in a more enlightened age, and it is vital that the National Assembly should – within the context of the proposed LCO - accept the principle of enabling children to be educated for as long as possible through the medium (but not necessarily the exclusive medium) of their mother-tongue.
32. The practical application of this principle in the case of small language communities in Wales (such as Polish or Somali, for example) may require separate consideration, but there is clearly no impediment to its application to the native speakers of each of the two major languages of Wales, Welsh and English.
Principle 2
33. It is self-evident that children have natural aptitude and appetite for the acquisition of languages, which diminish as they grow older. It is therefore advantageous to develop their knowledge of more than one language as early as possible in their lives, and to provide them with the educational and psychological advantages which competence in two or more languages is known to provide.
34. One important area of necessary development is in the creation of an interface between the two languages in an efficient bilingual system of education, including the development of translation and interpretation skills, and the conscious understanding of spoken and written differences between the two languages (as exemplified by the different spelling systems of Welsh and English).
35. Early acquisition of bilingual ability also lays a foundation for the subsequent learning of a third “foreign” language (French being particularly suited to trilingual education in Wales because of its historic influence on both Welsh and English).
36. As the legislative assembly of a bilingual country, the National Assembly is in an ideal position to establish bilingual education in Welsh and English as the realizable norm for all children from the age of five (or earlier). It would appear logical that such a principle should be explicit within the context of the proposed LCO (see para 7 above).
37. Great care should be exercised in establishing a balanced proportion between the share of either language in a system of genuinely bilingual education. It would not seem inappropriate to legislate for the use of each of two such languages during a minimum of 30-40% of the classroom timetable in each school week. If all schools in Wales follow a truly bilingual system of education, then such percentages would permit the efficient sharing of relevant staff between pairs of schools in the same geographical area.
Principle 3
38. It is self-evident that children in Wales should enjoy the benefits of education appropriate to their individual needs, free of all unfair discrimination based on their mother-tongue, on their family background or on their place of residence within Wales.
39. It was appropriate, during the latter half of the 20th century, that specific Welsh-medium schools should have been established as a corrective to the discouragement of Welsh language education in Wales, as was still common during the childhood of the present writer. The results of the subsequent success of Welsh-medium schools have been notable but that success should not be allowed to detract from the educational needs of all the children of Wales in the context of the 21st century.
40. It is unfortunate that reference should sometimes be made to the existence of “Welsh schools” (i.e. Welsh-medium schools) as opposed to other schools in this country. All schools in Wales are Welsh schools by definition, and the LCO should be promoted not only with reference to legislation affecting adults, but also with reference to the goal of bilingualism for pupils in all Welsh schools, i.e. in all schools in Wales.
41. It can be strongly argued that categorising schools on the basis of language, or even on the basis of language choices made by parents or by governing bodies, is a form of discrimination among the children who are pupils at different schools. Public debate, professional discussion and early trials are urgently needed with a view to ensuring that all children in Wales may benefit from the clear advantages of early bilingual education, continuing at least to the end of Key Stage 4.
42. It is true that English, as the dominant majority language in Wales, does not need the same level of institutional support as Welsh (see Iaith Pawb, 2002, p.9). However, both languages require comparable levels of educational support in the context of the efficient bilingual education of all school-children in Wales. All children deserve equal support in the use of their mother-tongue, and all children deserve equal support in their mastery of the other language of Wales, whichever that may be.
Conclusion
43. It is proposed that careful attention be devoted to the feasibility of establishing the following national principles of bilingual education in Wales, to the benefit of all children in Wales.
A. There is no reason why every school-child in Wales (without relevant disability) should not enjoy the benefits of an efficient bilingual education in Welsh, the identifying language of Wales, and in English, the major international language of the world, from the age of five until at least the age of fifteen.
B. There is no reason why that education in Wales should not include the target of a certificate of bilingual proficiency in Welsh and English (spoken and written, with options in translation and interpretation) or why every school-child should not be given the option of continuing her or his education through the medium of both languages from the age of sixteen.
C. There is no reason why every school-child in Wales who has successfully acquired bilingual proficiency in Welsh and English should not receive an efficient introduction to a third “foreign” language before the age of ten.
D. There is also no reason why any child in Wales hitherto monolingual in Welsh or English should be required to begin reading and writing at school in any language other than her or his own mother-tongue.
44. The writer trusts that this submission will not be dismissed as either irrelevant or as insufficiently succinct. It is based on the conviction that Wales can provide an example in leading a multilingual world towards greater unity, based on a respect for the languages and cultures of others and on systems of education leading to proficiency in at least two languages.
45. There will hopefully be an early opportunity for public discussion in Wales on strengthening the existing partnership between the Welsh and English languages in all fields, including education, public life and national culture. This will be essential if the principle of equality between the two languages, invoked by the proposed LCO, is to be effectively realized.
46. With an appropriate strategy of bilingual education there is no reason why the National Assembly for Wales should not set a national target of 50% bilingualism among the population of Wales by the year 2050.
David Dalby20th March 2009
Appendix attached
(Submission of 4th March 2009 to the Welsh Committee in Parliament)
APPENDIX
Evidence submitted by David Dalby on 4 March 2009 to welshcom@parliament.uk
(with copy to legislationoffice@wales.gsi.gov.uk) on the subject of:
The pre-legislative scrutiny of the proposed LCO in Council on the Welsh language
As a retired professional linguist in Wales,I write in support of the proposed LCO on the Welsh language as laid before Parliament by the National Assembly of Wales.
Reference is made within the proposed LCO to "the treatment of the Welsh and English languages on the basis of equality", a principle with which I fully concur.
Having had no opportunity of studying Welsh at my primary and secondary schools inCardiff from 1939 onwards, I am delighted that facilities have since become available throughout Wales for the study of Welsh from nursery school onwards.
I am concerned, however, that there are now many primary schools in Wales where there are no parallel facilities for the study of English from the age of 5, and - especially in rural areas - no alternative schools available within easy travelling distance forthe education of young children inEnglish as well asWelsh.
As a result, my own youngest child, born in west Wales in October 2001, will have received 8 terms of schooling in Welsh since her 5th birthdaybut noschooling in English until shortly before her 8th birthday.
I am delighted thatmy daughter has been able to learn Welsh at an early age, and that I have had the opportunity to provide her with education in English at home.
I am deeply concerned, however,that English is no longer available as an integral part oftheearly primary curriculum of all schools in the United Kingdom, either for children whose mother-tongue is Welsh or for children (like my own daughter and the majority of children at her community school) whose mother-tongue is English or anyother language.
Whereas it isright and important that the National Assembly of Wales should have legislative competence for the Welsh Language in Wales, it would seem equallyright and important that the United Kingdom Parliament should retain legislative competence for the English language throughout the United Kingdom.
It can be strongly arguedthat all children in Wales have a right to receive efficient bilingual education in Welsh and English, but that this should include their right within the United Kingdom to receive a proportion of their education on and in the English language from the age of five.
The Education Act 1996 requires parents to ensurethattheir children receive an efficient education, which in the United Kingdom should surely include provision for English throughout the school system.
It should also be noted that UNESCO (Education in a multilingual world, 2003) has recommended that all children should have the opportunity of beginning their education in their mother-tongue. Although this recommendation was formulated in the context of protecting minority and endangered languages, it should be emphasised that a young child's mother-tongue has a deep emotional and intellectual importance for that child, regardlessof whether it is spoken by 20% of the population oftheir owncountry or by 20% of the population of the world.
I trust that thismatter will be addressed directly in your scrutiny, and I remain at your disposal if I can be of any further professional help. As an emeritus reader in African languages from SOAS, I long ago regretted the fact that we provided coursesat the University ofLondon on Asian and African languages but not on modern Welsh, a descendent of the ancient language of most of Great Britain (from Cornwall to the Clyde).
Part of the cultural equality of Welsh and English should surely involve a greater concern with the Welsh language in England, at least at some English universities and schools?
I trustthatit will not be long before we have the pleasure of hearing bilingual announcements at Paddington, for all trains departing to Wales!
Postcript Note: The brevity and informality of this submission reflect the need to meet your Committee's deadline of today (4th March). I shall endeavour to submit a more complete version of my evidence and professional opinion to the Welsh National Assembly (Legislative Committee No.5) before their own deadline later this month."
(Dr) David Dalby4th March 2009
