Part 1 – Promotion and Facilitation of Use of the Welsh Language
Section 1 – Welsh language strategy targets: at least a million Welsh speakers and increase in use
7.The effect of section 1(1)(a) is that the Welsh Ministers’ strategy on promoting and facilitating the use of the Welsh language, under section 78 of the Government of Wales Act 2006 (“Welsh language strategy”), must include the target of at least one million Welsh speakers by 2050. This provides that any target set in the strategy may not be less than one million, reflects the current target found in ”Cymraeg 2050: A million Welsh speakers”, published in 2017, and provides a statutory basis for the target.
8.Under section 78 of the Government of Wales Act 2006 the Welsh Ministers must adopt a Welsh language strategy setting out their proposals for promoting and facilitating the use of the Welsh language. They must publish the strategy and lay it before the Senedd. At the end of each financial year the Welsh Ministers must publish a report on how the proposals in the strategy were implemented and set out how effective the implementation of the proposals in the strategy has been in promoting and facilitating the use of Welsh. A copy of the report must be laid before the Senedd. They must also publish a plan before the start of each financial year setting out how they are going to implement the proposals in the strategy during that year.
9.Section 1 also provides for other matters that the strategy must include. The strategy must set targets:
to increase the use of Welsh in the workplace and its social use;
to increase the number of pupils of compulsory school age receiving education in “Primarily Welsh Language” category schools;
to increase the number of “Primarily Welsh Language” category schools;
to increase the amount of Welsh language education provided in “Dual Language” and “Primarily English language, partly Welsh” category schools; and
to increase the number of people learning Welsh (section 1(1)(b) to (d)).
10.The target of a million Welsh speakers is the basis of the overall aim of this Act, which is to increase the number of people who speak and use Welsh, and drives the further targets set at national, local authority or school level – whether those targets are for use in workplaces, social use or for the Welsh language education and learning Welsh sector. The strategy’s targets are also intended to set a context and direction for the Welsh Ministers, local authorities, the National Institute for Learning Welsh and for schools as they actively plan their work. Aligned actions will be needed at many levels in order to realise the overall aim of the Act. For example, the education-related targets specified in the strategy, in accordance with section 1(1)(c), form the basis of the content of the National Framework on Welsh Education and Learning Welsh (see Part 4), and of the targets set out in that Framework.
11.Section 1(1)(e) requires the Welsh Ministers to include in the strategy information about the steps they will take to encourage passing on the Welsh language, and section 1(1)(f) requires the strategy to specify the steps intended to be taken to encourage an increase in digital use of the Welsh language. Section 1(1)(g) imposes a requirement on the Welsh Ministers to set criteria to measure the progress that is needed in order to achieve the targets of this subsection.
12.Section 1(2) sets out that the Welsh Ministers may, by regulations, amend the targets required to be set by the strategy in line with section 1(1)(c) which relate to:
increasing the number of pupils of compulsory school age receiving education in “Primarily Welsh Language” category schools;
increasing the number of “Primarily Welsh Language” category schools; and
increasing the amount of Welsh language education provided in “Dual Language” and “Primarily English language, partly Welsh” category schools.
13.The Welsh Ministers are required to consider the targets set in accordance with section 1(1)(a)-(d) as they set out in the strategy (section 1(3)) their proposals for promoting and facilitating the Welsh language. Section 1(4) requires them to set out (in the plan published annually under section 78(9) of the Government of Wales Act 2006) what they will do to achieve the targets referred to in section 1(1)(a) and (b). In addition, they are required, in accordance with section 29, to include information in the annual report (under section 78(8) of the Government of Wales Act 2006) about how the National Framework has been implemented. They must also include information in the plan (under section 78(9) of the Government of Wales Act 2006) about how they will implement the National Framework. Section 24 places a requirement on the Welsh Ministers to set out in the National Framework how they will implement the strategy’s proposals in relation to the targets set in accordance with section 1(1)(c)-(d).
14.Section 1(5) amends section 78 of the Government of Wales Act 2006 as a result of these provisions, and adds the Welsh Language Commissioner as a consultee when the Welsh Ministers consult on a new Welsh language strategy or make amendments to that strategy.
15.Section 1(6) defines certain terms for the purposes of Part 1 of the Act, including the definition of “Welsh language education”’.
Section 2 - Reporting on targets in the Welsh language strategy
16.This section formalises the accountability role of the Senedd in relation to the target of a million Welsh speakers and the other targets in the Welsh language strategy. This section aligns with the provision in section 78 of the Government of Wales Act 2006 for the Welsh Ministers to report annually on how their proposals have been implemented in the Welsh language strategy.
17.At least once every 5 years the report under section 78(8) of the Government of Wales Act 2006 must include an analysis of the situation of the Welsh language, which includes the elements listed in section 2(1)(a) to (f). The analysis is also required to assess the likelihood of Welsh language strategy targets being achieved, with reference to the criteria that are set to measure progress against the targets (section 1(1)(g)).
18.Following such an analysis, and if the Welsh Ministers conclude that a target is unlikely to be achieved, section 2(2) to (4) places a duty on the Welsh Ministers to lay before the Senedd a statement explaining the reasons for this, and set out the further steps they will take to achieve the target.
Section 3 - Calculating the number of Welsh speakers
19.This section makes provision in relation to how to calculate the number of Welsh speakers for the purposes of sections 1 and 2.
20.Under section 3(1) regulations by the Welsh Ministers must state the sources of data to be used to calculate the number of Welsh speakers, and consideration must be given to any relevant data derived from a census conducted in accordance with the Census Act 1920. Section 3(2) states that a self-assessment (that is, a person’s own assessment of their ability in Welsh) is the basis of a decision on whether a person is a Welsh speaker for persons aged 17 and over. For children under the age of 17 this will be decided either on the basis of a self-assessment, or an assessment by a parent or carer. The Welsh Ministers may also, by regulations, specify a different method of deciding whether a child under the age of 17 is a Welsh speaker for the purposes of section 1 and 2, and specify whether that method is to be used in addition to, or instead of, the self-assessment or assessment by a parent or carer.
21.Section 3(4) to (6) makes provision in relation to the preparation and publication of guidance on assessments. These will assist individuals to complete assessments, including a self-assessment of their ability in Welsh, and such guidance will also assist when collecting data on the number of Welsh speakers. The Welsh Ministers are required to consider the Code on describing Welsh language ability under section 6 when preparing the guidance.
Section 4 - Reviewing the Welsh language standards
22.Part 4 of the Welsh Language (Wales) Measure 2011 contains provision in relation to standards of conduct relating to the Welsh language and about the enforcement of those standards. Regulations under the Measure specify the standards, and they are imposed on particular bodies through compliance notices issued by the Welsh Language Commissioner.
23.This section requires the Welsh Ministers to review some of the standards in light of the provisions of this Act, and sets out some arrangements for that review.
24.In accordance with section 4(1) the review must consider whether certain standards need to be amended to facilitate meeting a target in the Welsh language strategy set by Part 1 or (in the case of some of those standards) to reflect provisions found in Part 2 (Describing Welsh Language Ability) of this Act.
25.Under section 4(2), the Welsh Ministers must consult the Welsh Language Commissioner as part of the review. They must complete the review within 12 months after they publish a Code to describe Welsh language ability under section 7.
