Welsh Language Commissioner questions proposed civil procedure rule changes in hearing disputes over meaning of Welsh and English texts

Efa Gruffudd Jones’ comments came in response to the rule committee’s consultation on reforms to:

• the Devolution Practice Direction (PD)
• the Welsh Language PD and the practice and procedure relating to listing provisions within the PD and the practice and procedure in circumstances where there is an issue as to interpretation of Welsh language text.

In its overview of the consultation the rule committee said: “The Civil Procedure Rules (CPR) and its attendant Practice Directions (PDs) contain a variety of provisions specifically directed to matters concerning Wales and the Welsh language. They are applicable in both Wales and England. These provisions have been introduced and amended piecemeal over the years. A review has been carried out by the Welsh judicial member of the CPRC and that review of the rules and possible amendments have been considered by the CPRC.”

The rule committee then commissioned a consultation on reforms, which closed on 30 January.

The Commissioner noted that the consultation seeks views on how to proceed in court when the need arises to determine the intent of legislation if there is disagreement about the meaning of the Welsh and English texts of the legislation.  

“At present, the practice is that wherever practical, such a case is brought before a Welsh language judge giving the option of appointing an independent assessor to advise a judge. In the consultation on the rules for the future, the Committee favours an option which means that it is not compulsory to appoint a Welsh speaking judge to hear such cases,” she claimed.

In her response, the Commissioner said she was of the view that there must always be a judge who speaks Welsh and is therefore bilingual, to hear such cases, and that appointing an independent assessor should not be an option.  

Gruffudd Jones said: "There is an assumption in the consultation that the Welsh language in legislation is seen as a 'problem' that needs to be overcome. This does not recognise the fact that legislation enacted in Wales is enacted in Welsh and English and that both languages have equal status. 

"In view of that, proposing that a judge can be allowed to hear such cases as an option wherever practicable is not acceptable, as the equal status of legislation enacted in Welsh and English is not an optional issue. Rather, their equal status is absolute.  

"Only a judge who speaks Welsh and is therefore bilingual can determine the meaning of the bilingual texts within legislation."