Welsh Language LCO faces delays following MPs' Committee report
10 Jul 2009
The draft National Assembly for Wales (Legislative Competence) (Welsh Language) Order 2009, which contains provisions to enable the Assembly to make primary legislation in relation to the Welsh language, may now face delays following criticism from a committee of MPs.
A report published by pre-legislative scrutiny committee, the Welsh Affairs Committee, on 7th July, agreed that the transfer of powers to the Welsh Assembly to legislate in relation to the Welsh language was "in principle, logical and appropriate". However, changes would need to be made to the current draft in order to ensure maximum clarity.
"Clarity about the scope of legislative competence devolved will be essential at the stage when the National Assembly frames the actual Measures" according to the Committee. This would help to minimise the risk of legal uncertainty and legal challenge in the future.
The main criticisms of the current draft LCO centre around provisions which set out categories of organisations which could in future become subject to Welsh language laws. This is a move away from the Welsh Language Act 1993 which contains names each body separately. The report states that one category in particular, namely bodies receiving more than £200,000 per year in public monies, is drafted too widely and should have been subject to wider consultation with smaller bodies, especially those who rely on public funding. Other categories, according to the report, are inconsistent: the current draft specifies utilities and telecommunications companies whereas banks and insurance services are not included.
MPs warn that if significant changes are made to the LCO, the Committee may need to report on the Order a second time, which could potentially affect the timetable for implementation. The Order is due to come into force before the next general election in June 2010 and a failure to meet this deadline could mean that the Assembly might have to return to the drawing board. The current LCO has been drafted following negotiations between the Assembly and the Wales Office, therefore further negotiations may also be needed in light of the Committee's call for re-drafting. Exactly how the LCO progresses wil lbe a matter of some interest over the coming months.
To read the report of the Welsh Affairs Committee, click here.
