Analysis of the case and rationale
Recently, the Welsh Language Tribunal heard an important case brought by an appellant against the Welsh Language Commissioner. The case focused on compliance with one specific standard of the Welsh Language Standards Regulations.
This is a summary of what happened and what the Tribunal decided.
Background
The appellant had submitted a complaint to the Commissioner regarding an English-only official notice that had been published by a county council in south west Wales arguing that it should be bilingual. The notice informed of arrangements to close roads for an event.
The appellant's argument was that this goes against the requirement of standard 69 which states that "Any official notice that you publish or display must be published or displayed in Welsh, and you must not treat any Welsh language version of a notice less favorable than an English version".
The notice was published in accordance with the requirements of the Local Authority Traffic Orders Regulations 2006.
The Commissioner decided that the county council had not failed to comply with the requirements of standard 69 because section 41 part 3 of the Welsh Language Standards Regulations (No. 1) 2015 excludes official notices from the duty to be published in Welsh, if the notice is prescribed by legislation.
The appellant argued that the Commissioner's decision was wrong and unreasonable and went against the principles of the Welsh Language Measure.
Tribunal’s decision
Having listened to all the arguments, the Tribunal confirmed the Commissioner's decision and did not allow the appeal. Therefore, it was confirmed that official notices could be published in English only under certain circumstances.
Tribunal’s arguments and reasoning
Interpretation of standard 69: The appellant argued that the exception set out in section 41 part 3 of the standards should not apply unless the enactment prescribes the format of the notice. According to the Tribunal, "enactment" includes all forms of legislation, and section 41 part 3 includes official notices prescribed by any enactment, even if the format is not specified.
Purpose of the Measure: The appellant argued that the exception undermines the purpose of the Measure, which is to promote the use of the Welsh language. While the Commissioner and the Tribunal recognise the importance of promoting the Welsh language, due regard must be given to section 41 part 3 of the standards as they are, unless they are amended through the correct legal process.
Relevance of other standards: The appellant referred to other standards which require notices to be bilingual. However, the Tribunal was of the opinion that standard 69 and section 41 part 3 are directly related and should not be compared with other standards.
Conclusion
The Tribunal decided to uphold the Commissioner's decision. This meant that there was no failure to comply with standard 69 when publishing the official notice in English only. The Tribunal's decision can be read in full here.
However, the Commissioner is of the opinion that publishing official notices in Welsh and English is consistent with the spirit of the Welsh Language Measure, and she encourages all organisations to consider doing so.