Gaelic Language (Scotland) Bill

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Content: GAELIC LANGUAGE (SCOTLAND) BILL CAMILLA KIDNER
SPICe briefing 12 November 2004
The Gaelic Language (Scotland) Bill 2004 was introduced on 27 September 2004. It establishes Bтrd na Gаidhlig (the Bтrd) as a statutory body which will work to secure the status of Gaelic as an official language of Scotland. The Bтrd can require Scottish public authorities to produce and implement Gaelic language plans, and will itself produce a national strategy for Gaelic. It can also provide guidance on Gaelic education. This briefing considers some key issues in the Bill and it attempts to set these in a broader context of approaches to language planning, with particular emphasis on comparison with Welsh and Irish and previous proposals for Gaelic as well as considering obligations under the European Charter on Regional and Minority Languages.
04/81
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CONTENTS KEY POINTS ................................................................................................................................................................3 OVERVIEW OF THE BILL ...........................................................................................................................................4 POLICY FRAMEWORK FOR GAELIC ........................................................................................................................6 LANGUAGE PLANNING .............................................................................................................................................7 NUMBERS OF SPEAKERS: GAELIC, WELSH AND IRISH ......................................................................................9 COMPARISON OF BILL WITH OTHER LANGUAGE ACTS ...................................................................................13 EUROPEAN CHARTER FOR REGIONAL OR MINORITY LANGUAGES...............................................................19 OFFICIAL STATUS....................................................................................................................................................21 EDUCATION...............................................................................................................................................................24 FUNDING FOR GAELIC ............................................................................................................................................25 ANNEXES ANNEX 1: GAELIC IN SCOTLAND BY LOCAL AUTHORITY AREA......................................................................29 ANNEX: 2 EUROPEAN CHARTER FOR REGIONAL OR MINORITY LANGUAGES.............................................30 SOURCES ..................................................................................................................................................................32 providing research and information services to the Scottish Parliament 2
KEY POINTS · The Gaelic Language (Scotland) Bill creates Bтrd na Gаidhlig as a statutory body which: · will produce a national Gaelic plan · can require Scottish Public Authorities to produce Gaelic language plans (taking account of the number of Gaelic speakers) · can issue guidance on Gaelic education · can advise on Gaelic issues · The Bтrd will exercise its functions with a view to securing the status of Gaelic as an official language of Scotland. Although campaigners for Gaelic have proposed that the Bill specifically state that Gaelic has `equal validity' or `equal status' with English, this is not included in the Bill. · The Scottish census in 2001 found that 93,282 people have some knowledge of Gaelic and of these, 58,652 people can speak the language. · The Scottish census in 1991 found that 66,320 people could speak Gaelic compared with 254,415 speakers in 1891. · Local authorities with the highest proportion of those with some knowledge of Gaelic speakers are Eilean Siar (70%), Highland (9%) and Argyll and Bute (7%). There are also around 10,000 people in Glasgow and 6,000 in Edinburgh with some knowledge of Gaelic. · The UK has ratified the European Council Charter on Regional or Minority Languages and from this has obligations with regard to Scottish Gaelic, Irish Gaelic, Welsh, Manx Gaelic, Cornish, Scots and Ulster Scots. · Comunn na Gаidhlig published a `Draft Brief for a Gaelic Language Act' in 1999. · Michael Russell MSP introduced a Gaelic Bill in 2003. The Bill passed stage 1, but the parliamentary session ended before stage 2 proceedings could commence. · Other examples of language acts include the Welsh Language Act 1993 and in Ireland, the Official Languages Act 2003. · Education provision is seen as key to revitalising Gaelic and in response to comments in consultation, the bill as introduced provides for Bтrd na Gаidhlig to draft guidance on Gaelic education. providing research and information services to the Scottish Parliament 3
OVERVIEW OF THE BILL The stated overarching aim is that the Bill will fit into a wider framework of policy measures intended to promote Gaelic. Together these: Will contribute to creating conditions where the language will be passed on within families, promoted by schools, widely used in communities and valued by learners' (Policy Memorandum para. 2) In order to achieve this, and in recognition of the varied level of use of Gaelic across Scotland, the Bill is intended to ensure a balance: It is the Executive's view that an appropriate balance requires to be struck between responding to the needs of the Gaelic community and ensuring that a Gaelic language burden is not introduced where there is no demand for it.' (Policy Memorandum para. 14). These therefore are the two key features of the Bill - a `language planning' approach ­ a general approach well recognised internationally, and provisions intended to ensure balance and flexibility. Although the consultation responses on the draft Bill were overwhelmingly from those supporting the Bill, there were also responses from those keen to ensure a flexible approach. Dumfries and Galloway Council stated that: It is essential that the requirements of this legislation do not result in the Gaelic language being artificially imposed on areas where there is little or no demand for it. In an area such as Dumfries and Galloway there is no tradition of Scottish Gaelic, whereas the Scots language has long been an integral part of our history and culture. (Dumfries and Galloway Council 2004, para 1). The Bill places the Bтrd on a statutory footing, with a duty to create and publish a national Gaelic language plan in its first year. This national plan must be submitted for approval by Ministers. The Bтrd can require other public authorities in Scotland to create Gaelic language plans and these must be submitted for approval by the Bтrd. This is stronger than the provisions in the draft Bill which gave listed public authorities the ability to decide whether to have a language plan. Public authorities can, however appeal to Ministers on the issuing of notices, the time limits placed on them and on the content of the plans. The Bтrd will also monitor the implementation of plans, by requesting reports from public authorities. Reports indicating failures can be laid in the Parliament, and there is a power for Ministers to direct public authorities to implement their plans. The Bтrd is given considerable power in the Bill through its ability to require, approve and monitor language plans and its powers to issue guidance, including guidance on Gaelic education. There are therefore a number of provisions which provide balance to this, through powers given to Scottish Ministers, ability of public authorities to appeal and requirements for consultation. Ministers approve both the national plan and approve guidance drafted by the Bтrd. They can issue guidance and regulations on the content of language plans and issue directions to the Bтrd on its functions. Following appeal by a public authority, Ministers can change the timing of plans, cancel a notice or alter the content of plans. Following a report by the Bтrd that a public authority is failing to implement a plan, Ministers can require that any or all of it is implemented by a certain date. These powers of appeal give public authorities a degree of flexibility. In addition, the Bтrd is required, at s.8(7) to give free advice and assistance `in relation to the application of this Act'. providing research and information services to the Scottish Parliament 4
The Executive has established a new fund, the Gaelic Language Development Fund to help offset the costs of implementing language plans. In addition, there are requirements for consultation. The Bтrd must consult on the national plan and on guidance it issues1. Public authorities are required to consult on their individual plan2. Where there is a disagreement between the Bтrd and a public authority about the content of plans, Scottish Ministers can consult any person on its content3. In addition, Ministers must consult with a public authority before issuing a direction to implement its' plan4. Before it requires a plan to be drawn up by a public authority, the Bтrd must consider the level of use of Gaelic in the relevant area, any views expressed to it on the subject and guidance issued by Scottish Ministers.5 It is expected that the Bтrd will request around ten notices per year and that initially, notices will be given mainly to local authorities in areas with a relatively high number of Gaelic speakers.6 It is not expected that Scottish public authorities in areas with few Gaelic speakers will be approached in the first few years (Financial Memorandum para 92). PUBLIC AUTHORITIES The provisions on language plans apply to Scottish public authorities in respect of devolved functions. It does not cover public authorities in respect of reserved functions, private or voluntary organisations. Comunn na Gаidhlig (CnaG), in their briefing to the Education Committee reiterate their 1997 position that the Bill should include all `Whitehall administrative arms of central government active in Scotland' (Commun na Gаidhlig 2004, para 6). It also requests that Gaelic Media Services (GMS) are covered. However, as the functions of these bodies are reserved, the issue arises as to whether it would be competent for the Scottish Parliament to confer the functions of the Bill on them. Some other examples of public authorities with reserved functions, but which operate in Scotland include,: · The Benefits Agency · The Employment Service · The Inland Revenue · The equality commissions Examples of public authorities with devolved functions include further and higher education institutions and Caledonian MacBrayne. Gaelic Media Services is established under broadcasting legislation, which is reserved. However, there is nothing in the Bill to prevent the Bтrd working with GMS on a voluntary basis. SUMMARY OF CHANGES MADE FOLLOWING CONSULTATION An analysis of the consultation was done by the Scottish Centre for Information on language teaching and Research and is available on the Executive's website at: http://www.scotland.gov.uk/about/ED/SACBranch2/00017912/page416440067.aspx 1 s2(2) 2 s3(5)b, 3(b) 3 s5(5)(b) 4 s6(6) 5 s3(3) 6 Financial memorandum para 82. providing research and information services to the Scottish Parliament 5
The researchers identified four main themes which were supported: · Secure/legal status for the Gaelic language is a necessary (though not sufficient) condition for the survival of the language · The proposal for a Bill is widely welcomed, but the draft Bill could be given more force · The Bтrd should be able to ensure plans are implemented and should be properly resourced · The Bill should include provisions on Gaelic Medium Education A number of changes were made to the bill following consultation. In particular the Bтrd can now issue guidance on Gaelic education and can require that public authorities draw up a Gaelic plan. The main changes are summarised below: · Public authorities: Extension of coverage to all Scottish public authorities with mixed functions or no reserved functions (s.10(2)). · Bтrd's functions: The advisory functions of the Bтrd have been widened. In addition to advising Ministers, it can now advise public bodies, and on request, others (s. 1). Also extended from `encouraging use' to `use and understanding' of Gaelic, (s.1). · National Gaelic Plan: is now based on the functions of the Bтrd, must be published in draft and a time limit of six months has now been placed on Ministers to comment on it (s.2). · Public Authority Language plans: The Bтrd can now require public authorities to prepare plans, and has approval of them. Appeal provisions are included. The Bтrd can now report to Ministers on a failure of a public authority to implement plans, and Ministers can require that the plan is implemented or report the Bтrd's concerns to the Parliament (s.3). · The criteria which public authorities had to consider in deciding whether to publish a plan, now apply to the Bтrd in deciding whether to serve a notice on a public authority. · Language plans must now include a timescale for implementation (s.3(4)(b)). · Gaelic education: Addition of a power for the Bтrd to issue guidance on Gaelic education (s.9). Some issues in consultation that weren't taken up include a statement on the face of the Bill on the equal validity of Gaelic and English, a specific right to Gaelic education and a requirement that all public authorities produce language plans. Executive arguments against these tend to be based on the need for balance and flexibility, and the ability of language plans and guidance to provide for education or bilingual services if appropriate. POLICY FRAMEWORK FOR GAELIC There has been a long running campaign by the Gaelic community for a `Gaelic Act'. CnaG was established in 1984 and funded by the Scottish Office to promote Gaelic. In 1997, their report on the `Secure Status for Gaelic', included recommending provisions for Gaelic which were similar to the Welsh Language Act 1993.7 A similar policy was submitted to the Scottish Executive in 1999 as a draft brief for a Gaelic Language Act. In 2000, the task force on Public Funding of Gaelic, chaired by John Macpherson, reported as `Revitalising Gaelic ­ A National Asset'. Its recommendations included that a Gaelic development agency should be established. To take forward its recommendations, a Ministerial Advisory Group was established in December 2000 chaired by Prof. Donald Meek, which in turn resulted in A Fresh Start for Gaelic in May 2002. This recommended that a Gaelic development agency should be established and that a Gaelic Language Act should be introduced. 7 See below p. 23 for a comparison of these recommendations with the bill as introduced. providing research and information services to the Scottish Parliament 6
`whilst normalisation of Gaelic in all sectors of public service remains the ultimate goal, we are clear that such normalisation will function only if legislative support structures are in place for the language.' (Meek et al 2002, p 8). The Bтrd first met in January 2003 and aims to give a strategic overview of Gaelic development, to promote Gaelic, draw up plans for the language and co-ordinate activities in support of the language, (Scottish Executive 2003). In the last session of Parliament, Michael Russell MSP introduced the Gaelic Language (Scotland) Bill 2002. This was based on a language planning approach, but did not apply in the first instance to the whole of Scotland nor include provision for the Bтrd. The Education, Culture and Sport Committee approved its general principles, while being critical of certain aspects ­ such as its initial limited geographical coverage. The motion at the stage 1 debate was passed with no division8. However, the Bill ran out of time before stage 2 could begin and no financial resolution was lodged by the Executive. In its Programme for Government, the Executive had made a commitment to work towards secure status for Gaelic. However, in written evidence on Mr Russell's Bill to the Education, Culture and Sport Committee (ECS Committee) it was made clear that this did not include a language planning approach. Our programme for Government commitments do include `working towards secure status for Gaelic' but we are not convinced that this should be secured within the area of Gaelic language plans for public bodies. Within the context of our current policies we would prefer to establish Bтrd Gаidhlig na h-Alba and encourage Bтrd Gаidhlig to work with local authorities and public bodies to develop appropriate recognition of Gaelic language and culture.' (Scottish Executive, 2003a para 17) In oral evidence to the ECS Committee in January 2003, Mike Watson, Minister for Gaelic indicated the Executive's willingness to consider a Gaelic language bill: I hope that it will be possible to introduce in the near future a Gaelic language Bill that is perhaps narrower and more precise than the bill that is before us. (ECS Committee 2003 col 3421) The Labour Party manifesto for the May 2003 election made a commitment to introduce a Gaelic bill and a consultation on a draft Bill was launched at the national Mтd in October 2003. We recognise the importance of Gaelic as a unique part of Scotland's national living heritage. Through Bтrd Gаidhlig na h-Alba we will secure the future of Gaelic by introducing a national language plan and an action plan to guide the activities of a range of agencies supporting Gaelic. We will introduce a Bill to provide for the secure status of the Gaelic language, (Scottish Labour Party 2003). LANGUAGE PLANNING The Gaelic Language (Scotland) Bill 2004 as a language planning measure places it within a rich international context of academic, activist and state interest in developing lesser used languages. The socio-linguist Joshua Fishman proposed that `there is no language for which nothing at all can be done' (Fishman 1991, p 12) and identifies eight stages in revitalising a language or achieving Reverse Language Shift (RSL). He stresses the fundamental importance of encouraging language use within the family, in informal situations and inter-generationally compared with reintroducing the language in public life. He recognises that this is a difficult area for governments to achieve change and points to examples where language has been encouraged in public education or in administration because these are the traditional areas of 8 Motion S1M-3618, col. 19220 providing research and information services to the Scottish Parliament 7
public policy rather than because this is where encouragement would have most effect. His work; `counsels greater socio-cultural self-sufficiency, self help, self-regulation and initiatives at the `lower level,' so to speak, before seriously pursuing such `higher level' arenas, almost always conducted in a contextually stronger, established rival language, as secondary or even more advanced education, the extra-communal work sphere, the national mass media and other governmentally controlled services and operations.' (Fishman 1991, p 4) [...] Over and over again the pro-RLSers must remind themselves that it is intergenerational mother tongue transmission that they are after, rather than merely `good things (or impressive symbolic splashes) for Xish' (Fishman 1991, p 12). Fishman's `eight stages' are briefly summarised below and are known as `A Graded Intergenerational Disruption Scale'. Level 8 is the most fragile and level 1 the most robust situation for a language. (Languages are referred to as `X-ish') Stage 8: Re-assembling. Here the major goal is to re-assemble the language. It is spoken in isolated groups by the older generation only. Stage 7: Older people mainly. Most X-ish users are `socially integrated and ethnolinguistically active' but are middle aged or older. Stage 6: Intergenerational transmission. The re-appearance of language transmission through the intergenerational family. Fishman sees this as a crucial stage, albeit one that is difficult to achieve through public policy. `It can be facilitated, however; it can be fostered and encouraged. If its fundamental desirability is recognised, then all other RLS-efforts can be evaluated in terms of their feedback or by-product to this stage'. (Fishman 1991 p 93) Without this stage safely under X-ish control the more advanced stages have nothing firm to build upon.' (Fishman, p 94). Stage 5: Increased literacy. Prior stages emphasise oral communication. At stage 5, X-ish organisations exist to promote X-ish literacy. Stage 4: Compulsory education is in X-ish whether through X-ish medium and privately funded by `the X-ish community' or within a predominately Y-ish curriculum and a part of the mainstream. Stage 3: Use of X-ish in some work places e.g. provision of services in the language preferred by the customer. Fishman notes that `this is neither a necessary nor sufficient stage for RSL, merely a highly desirable contributory stage'. (Fishman 1991, p 105). Stage 2: `lower' spheres of government and mass media Fishman notes that the last two stages are rarely achieved. (Fishman 1991 p 105). E.g. bilingual Local Government, national TV and radio programmes in X-ish. In a discussion of Basque, Fishman noted in 1991 that `there is no evidence whatsoever that the mass media can overcome or compensate for basic weaknesses in stage 6.' Stage 1: Higher education, work, government and media. `The proof of the pudding is the immediacy of feedback between stage 1 and stage 6, [...] if this feedback is sluggish or questionable in demonstrable empirical terms, then stage 1 is a luxury rather than a necessity providing research and information services to the Scottish Parliament 8
insofar as the attainment of RLS goals are concerned. It is a goal that can be tackled later rather than sooner,' (Fishman, 1991 p 108). Elements of policy on Gaelic can be identified for most of the above stages. In particular the policy emphasis on education, broadcasting and cultural events can be related to the GIDs scale. Fishman's emphasis on informal use in the family is notable, in particular in the light of evidence received by the ECS Committee on Mr Russell's Bill. Wilson McLeod, Senior Lecturer in Celtic, Edinburgh University drafted, with Robert Dunbar, Senior Lecturer in Law at Glasgow University, the secure status report. He emphasised the need for the language to have `status': `If Gaelic is to be healthy and vigorous it must be used for formal, prestigious, high-level functions,' (ECS Committee 2003a, p 49). In taking a `language plan' approach, the Bill allows public authorities together with the Bтrd to decide how their services can best promote Gaelic. It does not make assumptions about the stage Gaelic use is at and where interventions should be made. The one clear exception to this is the recognition of the importance of education through the provision for the Bтrd to draft guidance. NUMBERS OF SPEAKERS: GAELIC, WELSH AND IRISH Although there are similarities in overall approach to revitalising many minority languages, there is huge diversity in historical and cultural contexts, and levels and patterns of use. This section therefore looks at census results for Gaelic, Welsh and Irish before considering different proposals for `language acts'. 1.84% of the Scottish population have some knowledge of Gaelic (93,282 people) and 58,652 people can speak Gaelic. There has been an historic decline of those able to speak the language from 6.3% (254,415 people) in 1891 to 1.16% in 2001. Local Authorities with the highest proportion of those with some knowledge of Gaelic are Western Isles (70% or 18,662 people), Highland (9% or 18,515 people) and Argyll and Bute (7% or 6,545 people). Nowhere in the rest of Scotland comes above 2%, although there are around 10,000 people in Glasgow with some knowledge of Gaelic and 6,000 in Edinburgh. There may be around 100 languages spoken in Scotland but most of these are the dominant language in another country or region, (Johnstone et al. 2002, para. 13.2). The issue with Gaelic is not so much about access to services and ability to communicate as it is about preventing the language from dying out. Apart from small communities in countries where there has been Scottish migration, such as Nova Scotia, Gaelic is spoken nowhere else. With the exception of Scots, other indigenous languages are now extinct. Scots9 is probably descended from a Northern form of Old English and has varieties including Lallans and Doric. Norn was a Norse language spoken in Orkney which declined in the late medieval/early modern period becoming extinct in the 18th or 19th century.10 Pictish may have been a Brythonic Celtic language like Welsh, and Cumbric, closely related to early Welsh was spoken in lowland Scotland and northern England until around the 11th Century.11 9 See: http://scotsyett.com/anent/history.asp 10 See http://www.orkneyjar.com/orkney/norn.htm 11 See relevant language entries under http://encyclopedia.thefreedictionary.com providing research and information services to the Scottish Parliament 9
Gaelic12 influence expanded from Ireland and Argyll in the 6th Century and spread across Scotland to become widely spoken in the early middle ages.13 It became the language of the monarchy and the court but began to be replaced by Scots in lowland and eastern Scotland in the 11th and 12th centuries probably being completely replaced in these areas by the late 15th century (Taylor 1997). From around the 16th century, Gaelic speaking was concentrated in the Western and North West areas of Scotland ­ a pattern which is generally reflected in the current census. Table 1 shows the areas with the highest number of Gaelic speakers. 11 and 7% of those with some knowledge of Gaelic live in Glasgow and Edinburgh respectively. However as 11 and 9% of the Scottish population live in these two cities, this does not represent a particular concentration in these cities. Annex 1 gives the census figures for all local authorities.
Table 1: Population with knowledge of Gaelic, 2001 Census.
Some knowledge
% of Scottish Gaelic
% Scottish
of Gaelic
% local population with
population living in local popn in each
some knowledge of Gaelic area
area
Eilean Siar
18,662
70.42%
20.01%
1%
Highland
18,515
8.86%
19.85%
4%
Glasgow
10,034
1.74%
10.76%
11%
Argyll & Bute
6,545
7.17%
7.02%
2%
Edinburgh
6,082
1.36%
6.52%
9%
27 remaining
33,444
0.95%
35.84%
73%
areas
Source: Based on Scottish Census 2001 Table UV12 (General Registrar Office for Scotland 2001)
Fluency Of those with some ability in Gaelic:-
· 73% could understand spoken Gaelic (85,869 people). · 63% could speak Gaelic (58,650 people). · 49% could read Gaelic (45,377 people). · 36% could write Gaelic (33,571 people). Welsh and Irish For comparison, certainly in the last 500 years, Welsh has been far more widely spoken in Wales than Gaelic has been in Scotland. 21% of the population in Wales speak Welsh, although there is variation between regions from 69% in Gwynedd to 9% in Monmouthshire. The ability to speak Welsh declined from around 55% of the population in 1891 to around 20% by 1971. Since then it has been relatively steady, with the last census indicating a slight increase from 20% to 21%. Therefore, the level of Welsh speaking in Gwynedd is comparable to Gaelic speaking in the Western Isles and that in Monmouthshire with levels of Gaelic speaking in Argyll and Bute and Highland. No other Scottish local authority area has levels of Gaelic speaking comparable to Welsh speaking in Wales (National Assembly for Wales, 2003).
12 Gaelic is a Goidelic or Q-Celtic language along with Irish Gaelic and Manx Gaelic. These originated with the language of the Celtic invaders of Ireland between 500 and 100BC. Cornish, Breton and Welsh are Brythonic or P- Celtic languages 13 Traditionally, it is considered that this was a migration from Ireland to Scotland in the post Roman period. However, the evidence for `migration' has been questioned, and the origin of the Gael's settlement in Argyll is not conclusive. Whether or not origins were from migration, a similar culture extended from Argyll to southern Ireland by the 6th century, which then expanded eastward in Scotland. See Houston and Knox, History of Scotland, 2001. providing research and information services to the Scottish Parliament 10
The Irish census records a speaking population larger than the Gaelic speaking one and has been increasing over the last eighty years. The Irish speaking population declined from 1,077,087 in 1861 to a low of 540,802 in 1926. This increased to 1,570,894 people by 2002. That census found that 43% of the population can speak Irish, with 9% of them doing so daily. Chart 1: Numbers of Irish Gaelic Speakers, 2002
Irish Speakers: Cenus 2002
daily 9%
weekly 4%
can't speak Irish 57%
less than weekly 16% never 13% not stated 1%
Source: Irish Census 2002 (Central Statistics Office 2002) These differences in historical and geographical usage need to be taken into account when comparing language planning measures. The substantial difference in modern usage goes some way to explain the different official policies towards Welsh and Gaelic in recent years. In its 1997 report, CnaG recognised the differences between the Welsh and Gaelic situations, but suggested that this does not `justify the provision of significant legislative protection to one and not to the other.' They highlighted that as both languages had been suppressed, both should now be protected in a similar way. `The most compelling arguments for the provision of specific legislative protection to Welsh ­ to protect an indigenous linguistic community that has suffered much injustice in the past and which continues to labour under the weight of prejudice and marginalisation, and to assist members of that community to reach their full human potential ­ must surely apply with like force to Gaelic. (Comunn na Gаidhlig 1997, p 20) Age profile Apart from clearly much higher overall numbers of speakers of Irish and Welsh than of Gaelic, there is also a different distribution across age groups. Recent censuses show that more children than older people speak Welsh and Irish. For Scotland as a whole, ability to speak Gaelic is generally higher in the older age groups, although there is a slight increase in the 5 to 14 age group. In the Western Isles, knowledge of Gaelic rises from around 30% in the under 5's to over 90% in the over 90's. There is a slight rise in the 5 to 15 age group, (reaching 70% for 12 to 15 year olds), before it drops back to 60% providing research and information services to the Scottish Parliament 11
for 16 to 19 year olds. The pattern is very similar in Highland but Glasgow is slightly different. Although the greatest proportion are 90+ (3.5% of population aged 90+), and lowest levels are in the 0 ­ 15 age group (0.79%), it then jumps to 2.15% in the 16 to 24 age group. The only age groups higher than this are 70+. The Welsh census however, shows a quite different pattern. Those most likely to speak Welsh are of school age ­ 41% of 5 to 15 years olds and 28% of 16 to 19 year olds. It then falls dramatically to 15%, before rising slightly in older age groups to reach 21% in the 75+ age group. The age pattern in Ireland also shows its highest use in the 5 to 18 age group, but at considerably higher levels than Wales. Whereas Welsh peaks at 41% in the 5 to 15 age group, Irish peaks at 70% in the 16 to 19 years age group. Both then fall back steeply in older groups, but Irish speaking does not increase in the 65+ age group. This suggests that language planning, particularly with regard to school education provision, in Wales and Ireland has succeeded in boosting the level of language use. If the level of knowledge of the school age group is maintained as they get older, then language planning will have succeeded in doing more than preserving the current level of use - it will have considerably increased it. However, an age cohort analysis of Irish use in the Gaeltacht noted that: `traditionally there is a fall off in ability to speak Irish in the years immediately following fulltime education.' A comparison of 15-24 year olds in the 1961 census with the 25-34 cohort in 1971 showed a depletion in ability to speak Irish. The report attributed this to: `emigration and to a lesser extent the transition from school to work' (para 9.3 Coimisiъn na Gaeltachta 2002).
Chart 2: Numbers of Speakers by % Age Group Speakers of Irish, Welsh and Gaelic by %of age group
80% 70% 60% 50% 40% 30% 20% 10% 0% 0/3 to 4 5 - 16/15 - 20 - 44 45 to 64 65+ 14/15 19
Irish Welsh Gaelic
Sources: Based on Table T39, 2001 England and Wales Census, Irish Speakers, 2002 Irish Census, Table T27, 2001 Scottish Census (National Assembly for Wales 2003, Central Statistics Office 2002, General Registrar Office for Scotland 2001).
providing research and information services to the Scottish Parliament 12
COMPARISON OF BILL WITH OTHER LANGUAGE ACTS Bearing in mind the above described variations in level of use, it is useful to compare different legislation intended to assist in revitalising minority languages. WELSH LANGUAGE ACT 1993 As noted above, the approach taken in Wales to arrest the decline of Welsh has been influential in forming the approach suggested by CnaG for Scotland. Before 1993, the 1967 Welsh Language Act had allowed the use of Welsh in the courts and had given Welsh equal status in official documents. The Welsh Language Board had been established in 1988 with an advisory role. In 1982 S4C14 had been established, and in 1988 Welsh had become a core subject in the national curriculum. The 1993 Welsh Language Act put the Welsh Language Board on a statutory footing with a general function to `promote and facilitate the use of the Welsh language'. Specifically: · Public sector bodies which prepare language schemes and courts must treat Welsh and English on an equal basis. · Welsh language schemes prepared and agreed with the Welsh Language Board · Board can investigate non-compliance with the plans. In written evidence to the ECS Committee, the Welsh Language Board stressed the importance of their supervisory role. `We believe that the Board's central role in the Welsh process is a great strength, not only in exercising the necessary control over it, but also in ensuring that Welsh language schemes are not an end in themselves, but have a wider part to play as instruments of holistic language planning, fit for purpose according to circumstances.' (ECS Committee 2003a Vol 2) Around 200 statutory Welsh language schemes had been approved up to 2003. The Executive has estimated that around ten notices for plans will be issued each year under the Gaelic language act, (Financial Memorandum para 92). OFFICIAL LANGUAGES ACT 2003 (IRELAND) Another recent example of a `language act' is found in Ireland. The Official Languages Act 2003 (the 2003 Act), makes wide ranging provision for the use of Irish by public bodies. Its provisions arguably go further than the Welsh Act and the Gaelic Bill and is based on Article 8 of the Irish Constitution (see below p. 22). The Act requires that the Oireachtas15 is bilingual ­ with a right to use Irish and English during proceedings and the bilingual publication of Acts and the Official report. There is a right to use either Irish or English in the courts and provisions for place names. The 2003 Act also places duties on public bodies and establishes a Commission and Commissioner. Public Bodies Language schemes are required of public bodies within 6 months of notice from the Minister for purpose of: `promoting the use of the Irish language for official purposes in the State'. Schemes must state which services are provided in Irish only, bilingually and in English only and must ensure that an adequate number of staff are able to provide its services through Irish as well as 14 Sianel Pedwar Cymru is `Channel 4 Wales', it broadcasts an average of 32 hours a week in Welsh, with the balance made up from Channel 4 programming. 15 The Irish Houses of Parliament, the Dбil and the Seanad. providing research and information services to the Scottish Parliament 13
English. A public body can be directed to draft a plan for having no services provided exclusively in English. Schemes are confirmed by the Minister, and disputes notified to the Oireachtas. Regulations can require: · Irish or bilingual advertising, official stationery, signage. · Replies in the language in which the initial letter or e-mail was written. · Bilingual publication of certain documents e.g. annual reports. There is geographical variation in the Act as some provisions apply only to the `Gaeltacht'. Sections 13(2) (d) and (e) provide that public bodies in these areas (d) ensure that the particular Irish language requirements associated with the provision of services in Gaeltacht areas are met, (e) ensure that the Irish language becomes the working language in its offices in the Gaeltacht not later than such date as may be determined by it with the consent of the Minister. The Commissioner Part III of the 2003 Act establishes the Oifig Choimisineir na dTeangacha Oifigiъla and a Commissioner: An Coimisineir Teanga. The Commissioner is a presidential appointment, and has the functions of: monitoring compliance with the Act, advising and assisting the public and public bodies on their rights and obligations under the Act and investigating failures of public bodies to comply with this Act or with any provision of any Act relating to the status and use of an official language. Investigations are held in private and the Commissioner has the power to require the production of documents and attendance of witnesses. Reports can be made public where this would be `in the public interest of the interest of any person' and there is an appeal to the High Court. An order making power provides for Ministers to introduce a compensation scheme related to a finding by the Commissioner of a public body's failure to comply with the Act. Although the Irish Act clearly goes further than the Gaelic Bill it is noticeable that it is the Minister, not an independent body such as the Bтrd who issues notices for language plans. In the Irish Act the statutory body is the Commissioner, whose functions are mainly investigatory. Comparison of language acts Table 2 compares three proposals for Gaelic language legislation with language acts in Wales and Ireland. These are: · Welsh Language Act 1993 (the Welsh Act) · Official Languages Act 2003 (the Irish Act) · Gaelic Language (Scotland) Bill 2002 (Mr Russell's Bill) · CnaG draft brief for a Gaelic Language act 1999 (CnaG draft) · Draft Gaelic Language (Scotland) Bill 2003 (Executive Bill) · Gaelic Language (Scotland) Bill 2004 as introduced There are strong similarities between them. In particular: · A focus on language plans by public bodies · An independent body to advise and monitor · A role for Ministers in approving guidance and plans Common, but not universal features are: · Extent throughout whole territory providing research and information services to the Scottish Parliament 14
· Application to listed public bodies ­the Gaelic Bill as introduced has a general definition of public authorities rather than a list. · Independent body issues notices for plans Other areas are more mixed. For example the Welsh and Irish Acts have provisions relating to forms of names and use in courts. The Irish Act also covers use in advertising, in parliament, and use as `the working language' in certain areas. Another variable area is the powers related investigation and monitoring. The strongest measures are in the Irish Act which includes power to require witnesses and documents and provision for compensation. As noted above, in the Irish Act it is the Minister, not an independent body who issues notices for language plans. providing research and information services to the Scottish Parliament 15
Table 2: Comparison of main provisions of Welsh Language Act 1993, draft Gaelic Language (Scotland) Bill, CnaG proposals in 1999 and Michael Russell's
member's Bill, 2002.
Welsh Language Act
Draft Gaelic Language
Gaelic Language
CnaG draft brief for a Gaelic Language Official Languages
1993
(Scotland) Bill 2003
(Scotland) Bill
Gaelic Language Act (Scotland) Bill Act 2003
2004
1999
2002. Members
Bill
Long title Plans to give effect to Bтrd to secure Gaelic as a Bтrd to secure Gaelic as Principle of `equal Plans to give To provide for the
principle that languages language of Scotland.
an `official language' of validity' in public life in effect to principle use of both official
treated on basis of
Scotland
devolved areas.
that languages languages
equality'
treated on basis
of equality'
Extent
All of Wales
All of Scotland
All of Scotland
All of Scotland
Certain areas of All of Ireland ­ but
Scotland in the
some measures
first instance
apply only to
Gaeltacht ­ 13(2)
(d) and (e)
Applies to Listed public bodies and Listed public bodies
Devolved functions of
Listed public
Listed public bodies
`functions of a public
Scottish public
bodies
nature'
authorities
Statutory Welsh Language Board Bтrd na Gаidhlig to
Bтrd na Gаidhlig
Gaelic Language
No provision for Commissioner to
Bodies
to
Advisory Board to
statutory board Monitor compliance
established
issue guidance on
and investigate
Promote and facilitate the Promote and facilitate the
Promoting and
plans, advise on
failures to comply
use of the Welsh
promotion of the use and
facilitating the promotion funding Gaelic
with language plans.
language.
understanding of the Gaelic of the use and
organisations.
language
understanding of the
Gaelic language
Gaelic Language
Commissioner general
monitoring role.
Advisory Advising those exercising Advising ministers on Gaelic Advising ministers,
n/a
Advising the public
functions a public function
language and culture
public bodies, and those
and public bodies
with `public function' on
Gaelic culture, education
and language. Advising
others on Gaelic
language.
providing research and information services to the Scottish Parliament 16
Language plans compliance Guidance
Welsh Language Act 1993 Purpose: give effect, so far as is both appropriate in the circumstances and reasonably practicable, to the principle that in the conduct of public business and the administration of justice in Wales, the English and Welsh languages should be treated on a basis of equality.' Approved by: The Board, with appeal to Sec of State s.17 Investigation of failure to carry out a scheme, followed by publication of report Issued by the Board on approval of Sec of State.
Draft Gaelic Language (Scotland) Bill 2003
Gaelic Language (Scotland) Bill 2004
CnaG draft brief for a Gaelic Language Act 1999
Purpose How Gaelic is used by a public body and measures to facilitate its use.
Purpose:
Measures to be taken in
relation to the use of the
Gaelic language in
connection with the
exercise
of
the
authority's functions.
Purpose: Where c30% of population speak Gaelic, aim should be bilingualism. Where c10% or `significant numbers' Gaelic speaking, certain services should aim for `limited bilingualism'.
Approved by: n/a Where a plan is drawn up, it must be implemented. Issued by the Bтrd on approval of Ministers and on basis of consultation. Issued by Ministers on Bтrd's functions and content of language plans.
Approved by: the Bord with appeal to ministers 5(6)(b) authority must implement the measures set out in its plan. Bтrd can monitor and report. Scottish Ministers can direct implementation of part or all of plans, where the Bтrd has reported that an authority has not done so. 1. issued by Bтrd on approval of Ministers and after consultation - Gaelic education - public authority plans 2.issued by Ministers - Bтrd's functions - content of plans
Approved by: Gaelic language ombudsman and Ministers Complaints investigated by `Gaelic language ombudsman' with enforcement through the courts. Issued by `advisory body' and approved by Ministers
providing research and information services to the Scottish Parliament 17
Gaelic Language (Scotland) Bill 2002. Members Bill Purpose: To give effect, as appropriate in the circumstances and reasonably practicable to the principle that in the exercise of functions by public bodies the Gaelic and English languages should be treated on a basis of equality. Approved by: n/a Public service ombudsman can investigate failure to implement a plan as a `service failure' No provision
Official Languages Act 2003 Purpose: promote the use of the Irish language for official purposes in the State' Approved by: n/a Commissioner investigates `failure to comply.' With powers to require documents and witnesses. Provision for compensation. Published by Minister
Welsh Language Act 1993
Education
Covered indirectly through coverage of public bodies
Courts Legislation and Parliament
Legal proceedings in Welsh Oaths can be taken in Welsh Welsh forms of names are legal - company law, election registration, charity law etc.
Published documents
Use in official documents
Advertising
`Working language' Placenames
broadcasting
Draft Gaelic Language (Scotland) Bill 2003 Covered indirectly through coverage of public bodies Covered indirectly through coverage of public bodies The Bтrd could offer advice to GMS
Gaelic Language (Scotland) Bill 2004 Duty to draft guidance on Gaelic education approved by Ministers, and covered indirectly through the language planning coverage of education authorities. No provision, although the courts service could be asked to produce a Gaelic language plan.
CnaG draft brief for a Gaelic Language Act 1999 Right to access Gaelic medium education where sufficient demand exists. Duty of Executive to fund, and to assess the need for teachers and teaching materials. Right to use of Gaelic in the courts as s 22 Welsh Act Gaelic forms of names ­ as 25-33 Welsh Act Strengthened discrimination legislation to cover `indigenous minorities' such as Gaels.
Cohesive
Gaelic
broadcasting service.
Gaelic Language (Scotland) Bill 2002. Members Bill
Official Languages Act 2003 Covered indirectly through coverage of public bodies Use of Irish in Courts Bilingual Acts Use of Irish in parliament. Publication of certain documents in Irish Public bodies advertising in Irish Gaeltacht ­ `working language of offices' equal and legal validity
providing research and information services to the Scottish Parliament 18
EUROPEAN CHARTER FOR REGIONAL OR MINORITY LANGUAGES16 The previous section looked at the UK and Ireland, but it is useful to look at a broader context and the great variety of languages spoken even within Europe. This emphasises the rarity of truly monolingual nations. The European Charter for Regional or Minority Languages was passed by the Council of Europe in 1992. It has been signed by 17 countries and ratified by 13. Signatories can sign up to different provisions for different languages. · 17 countries have ratified the Charter, including the UK, Spain, Germany, Norway, Sweden, Finland · 13 countries have signed but not ratified, including France, Italy, Russia and Iceland. · 15 countries have not signed the Charter, including Ireland, Portugal, Belgium, Lithuania and Turkey. Minority languages in Europe There are around 34 minority or regional languages spoken in the 17 countries which have ratified the Charter. This does not include languages that are spoken by a minority in one country but are the official language of another country ­ e.g Italian spoken Switzerland. Other languages are spoken in more than one country but are not dominant anywhere. For example the Sami languages in Scandanavian countries. Romani languages are perhaps the most widely dispersed between the ratifying countries being spoken in Austria, Croatia, Finland, Germany, Hungary, the Netherlands, Slovakia, Slovenia, Switzerland and the UK. A third category is languages which are specific to one country, and within this, languages specific to particular devolved, federal or `autonomous areas'. For example, Welsh. Finally, there are languages spoken mainly in a concentrated area at a local or sub-regional level. For example Romansch in Switzerland or Aragonese in Aragon which has around 30,000 speakers in five Pyranean valleys of the province of Huesca. (Spain 2002, `Regional or minority languages spoken in Spain') 16 European Charter for Regional or Minority Languages, Strasbourg, 5.XI.1992 providing research and information services to the Scottish Parliament 19
Table 3: minority languages in ratifying countries The following table indicates the variety of languages spoken and gives a rough indication of the numbers. However, estimates vary in their reliability, and vary according to whether they refer to the state or the region in which the language is spoken.
Language Sami (10 languages across Scandanavia) Kven Frisian Lower Saxon Limburger Ruthenian Romansch
ratifying state Norway Finland (Inari Sami) Sweden (3 languages) Norway Netherlands Germany Netherlands Netherlands Croatia Switzerland
Sorbian Meankieli Yiddish Roma and sinti languages Euskera (Basque) Catalan
Germany Sweden Sweden Germany Netherlands Norway Sweden Spain Spain
Galician Valenican Bable/Austurian Aragonese Aranese (a variant of Occitan)
Spain Spain Spain Spain Spain
est. speakers or `some knowledge' 1,700 `as mother tongue' 9,000 Est. 10 ­ 15,000 74% of 630,000 population of Frysland. 472,500 people Est. 20,000 (North Frisian), 2,000 (south Frisian) 1.8m 70-75% of the 1.1m population of Limburg. c. 725,000 people 3,353, of whom 2,845 as `mother tongue' 0.6% of the population of Switzerland. Romansch speakers number, 39,632 including 14,458 outside the traditional Romansch language area ­ canton of Grisons Est. 20,000 c. 40,000 Est. 3,000 Est. 60,000 Sinti, 10,000 Roma 90% of the 4,500 population. 4050 people. 300-400 in ethnic group but no stats for speakers Est. 20,000 43% in Basque country, 22.7% in Navarre 97.3% in Catalonia, 92.4% in Balearics c. 40,000 in Aragon 98.8% in Galicia 89.2% in Valencia 27% in Asturia can understand `very well' c.30,000 in Huesca c.90% of population of Lleida, c.7,000 people, can understand Aranese
Sources: Information taken from individual country reports, available at: http://www.coe.int/T/E/Legal_Affairs/Local_and_regional_Democracy/Regional_or_Minority_languages/Charter/6_S tates/_summary.asp The Committee of Experts reported17 in 2004 on the UK's application of the Charter. The UK recognises Scottish Gaelic, Welsh and Irish Gaelic under Parts II and III. It also recognises Scots, Ulster Scots, Cornish and Manx Gaelic under Part II only. Countries have to ratify 35 paragraphs, with some being compulsory. The UK has ratified different articles under part III for Welsh and Gaelic, although there is some overlap.
In education, there is a commitment to Welsh/Gaelic education at all stages. The Government has signed up to the same commitments for Welsh and Gaelic for Education. Under article 9 on judicial authorities there is provision to use Welsh in courts and in legal documents. The commitment to Gaelic is to allow documents and evidence in Gaelic in civil proceedings where
17 European Charter for Regional or Minority Languages, Application of the Charter in the United Kingdom. ECRML (2004) 1 providing research and information services to the Scottish Parliament 20
the number of residents justify the measure.18. Under Article 10 ­ administrative and public services, there is provision for the use of Welsh and Gaelic in local and regional government documents. However, there is also provision for the use of Welsh in service provision. Under Article 11 on the media, commitments are made to a Welsh TV station, radio station and newspaper. In comparison, Gaelic programmes and articles are encouraged. Unlike Welsh, there is specific coverage of journalist training in Gaelic. Article 12 ­ cultural activities and facilities has similar coverage, including encouraging work in Welsh and Gaelic, cultural organisations to include a Welsh or Gaelic perspective and promoting the language abroad. The government has undertaken to assist with dubbing or subtitles to and from Welsh but not Gaelic. Under Article 13 ­ economic and social life, there is a commitment to eliminate any requirements that require the use of English only in employment contracts or product instructions. However, for Welsh, there is also commitment that public sector services will promote the use of Welsh and that social care services and consumer information are available in Welsh. From the above it is clear that although both languages are covered by Part III of the Charter, the Government has not signed up to the same commitments for Welsh and Gaelic. The Government is therefore not obliged under the Charter to give the same level of support or recognition for Gaelic as Welsh. In their March 2004 report on the UK's implementation of the Charter, the Committee of Experts noted that in comparison with Welsh: There appears to be less emphasis on minority language policy on the part of the Scottish Executive even though there is political will to protect the Gaelic language, (Council of Europe 2004, p 57-58). The Committee noted that provision of Gaelic education was patchy, and provision in courts is at the minimum level. However, the UK noted in reply that since the initial report, the Executive had established the Bтrd and consulted on the Gaelic Language Bill. They also noted an increase in uptake of Gaelic education, (Council of Europe 2004 appdx 2). OFFICIAL STATUS Underpinning the campaign for a Gaelic language Bill has been the desire for `secure status for Gaelic'. There are a variety of views about what is required to achieve this. Terms such as `equal validity in public life,' `official language' and `official status' have all been used in connection with achieving `secure status', although it can sometimes be difficult to establish a single, agreed meaning underlying these ideas. In a Lords Written Answer, Lord Evans considered Gaelic to have `official status' by virtue of its inclusion in the European Charter for Regional or Minority Languages, (Lords Hansard, 2003). Alternatively, Mike Watson MSP regarded the `official recognition' of Gaelic to be exemplified by various policy initiatives - namely the establishment of the Bтrd and the inclusion of Gaelic within a Cabinet post portfolio, (ECS Committee 2003 col 3148). Although these indicate to some extent official recognition of and policies to promote Gaelic, they do not go as far as the proposals outlined by CnaG in 1997 (see discussion below p 23). The Bill does not give Gaelic `official status', rather it requires the Bтrd to seek to secure the status of Gaelic as an official language in Scotland. However, in policy terms the Bill could be 18 The UK provided information about availability only in the Western Isles and Skye. CnaG's submission stated that no similar provision was available in other areas. In the absence of definitive information, the Committee of Experts considered this commitment to be `partially fulfilled', (para 236-239 Council of Europe 2004). providing research and information services to the Scottish Parliament 21
considered to contribute to the general promotion of Gaelic in public authorities in Scotland. Countries with written constitutions, such as Ireland and the autonomous communities of Spain do declare certain languages to be `official'. Article 8 of the Irish constitution states: 1. The Irish language as the national language is the first official language. 2. The English language is recognised as a second official language. The Catalan Statute of Autonomy states at article 3(2) that: Catalan is the official language of Catalonia, as is Castilian, the official language of the whole of the Spanish State. It provides for both official languages to be treated with equality. Article 3(4) provides for Aranese to be taught and `receive special respect and protection'. The UK does not have a written constitution and it does not have any other legislation which declares languages to be `official' languages of the country. The Welsh Language Act 1993 does not specifically state that Welsh is an `official language' ­ rather it provides for the use of Welsh and English `on a basis of equality' in public life. The Welsh Language Board reported to the previous Education Committee that `official languages' did not need to be defined in statute. `The Act does not declare Welsh to be an official language in Wales, though when the legislation was being considered by the House of Commons, the then Minister of State at the Welsh Office said unequivocally that Welsh was an official language in Wales and that this did not need to be stated in law, any more than it was for English' (ECS Committee 2004a para 24 ) CnaG suggested in 1997 that the Scotland Act would be a kind of constitutional text for Scotland and mention of Gaelic in that Act would `create a significant measure of security for Gaelic' (Comunn na Gаidhlig 1997 p 31) The consultation on the draft Bill noted that `There is also little doubt about the legal status of Gaelic. Reference to the Gaelic language can be found in a number of Acts of Parliament, such as the Standards in Scotland's Schools Act 2000, and there would not appear to be any impediment restricting references to Gaelic in UK legislation.' (Scottish Executive 2003b p 13) A quick search found Gaelic mentioned in 37 statutes and regulations (although 17 of these are concerned with budgets). These include provisions for education, broadcasting, use in court, and Gaelic names for local authorities. Gaelic is included in the National Priorities in Education and local authorities must include plans for Gaelic medium education in their annual statements of improvement objectives. A local authority can change its name to Gaelic. Requests can be made to use Gaelic the Inner House of the Court of Session. The British Nationality Act 1981 requires at para 1c to Schedule 1, that in order to gain naturalisation, a person must have sufficient knowledge of either the English, Welsh or Scottish Gaelic languages. Finally, provision is made for Gaelic broadcasting and a body overseeing it ­ its most recent incarnation being Gaelic Media Services. Different views on the need for and existence of `secure status' were given during evidence to the ECS Committee on Mr Russell's Gaelic Bill. While the Minister stated: `I want there to be no doubt that I believe the Gaelic language in Scotland has official recognition and official status' (ECS Committee 2003 col 3418). Wilson McLeod who drafted, with Robert Dunbar, the secure status report, held a different view: providing research and information services to the Scottish Parliament 22
`the phrase `secure status' means a Gaelic Language Act based on the recommendations in the Secure Status for Gaelic report ­ and nothing else' (ECS Committee 2003a p 49 ) Michael Russell MSP emphasised the need for something more than symbolism: `secure status is not an abstract. Secure status would exist because it applied to something' (ECS Committee 2003 col 4068) The 1997 report, A Secure Status for Gaelic, proposed various elements which, when in place would constitute `secure status'. · Legislation establishing the principle of equal validity ­ similar to the 1993 Welsh Language Act. The long title of this Act stated that language schemes would `give effect to the principle that in the conduct of public business and the administration of justice in Wales, the English and Welsh languages should be treated on a basis of equality'. The nearest equivalent in the Gaelic Bill is that the Bтrd should exercise its functions `with a view to securing the status of the Gaelic language as an official language in Scotland' · The Scottish Parliament to have a Gaelic policy, committee and Gaelic officer. Public documents, signs and proceedings should be available in Gaelic. The Parliament has two Gaelic officers, bilingual signage is available in public areas, Committees can take evidence in Gaelic and speeches made in Gaelic in the chamber. The Parliament does not at present have a separate Gaelic policy. Committee reports and public information have been issued in Gaelic. · The following should have Gaelic policies: all civil service departments, local authorities, local enterprise companies, Royal Mail, BBC, the then NHS trusts, water authorities, higher and further education institutions. The Bill would cover some of these, although reserved government departments, Royal Mail and BBC would not come under this Bill. However, there is nothing in the Bill to prevent the Bтrd from working with these bodies on a voluntary basis. · Gaelic policies should; be approved by government, plan for `reasonable provision' and should aim at bilingualism where 30% of more of the population are Gaelic speakers. The Bill reflects this by requiring that language plans are approved by the Bтrd, and on appeal, by Scottish Ministers and that they take into account the number of Gaelic speakers in the area. However, the Bill has no specific provision for bilingualism above a certain threshold. The Comhairle nan Eilean Siar has had a policy of bi-lingualism since 1975 and bilingualism is the official policy in Wales, but as noted above (see p. 9), in modern times, Welsh has been more widely spoken in Wales than Gaelic has been in Scotland. · Failures to implement such policies should be investigated by government or parliament, who should be able to enforce implementation. The Bill is not quite this strong ­ it allows Ministers to require that plans are implemented. · Anyone should be able to use Gaelic in courts or tribunals on request, legislation should give equal validity of Gaelic with regard to names, electoral law, names of companies and other private bodies. The Bill does not specifically address these issues ­ although there is some provision for the use of Gaelic in the courts, and of course, any public authority such as the Registrar General for Scotland, could be asked to have a Gaelic plan. · Local authorities should provide Gaelic education where the parents of five or more children request it. In the Bill this could be addressed through the language plans of local authorities, and there is specific provision in the Bill for the Bтrd to issue guidance on providing research and information services to the Scottish Parliament 23
Gaelic medium education. However, in recent guidance, the definition of `reasonable demand' is left to the education authorities. · Legislation to create `a cohesive Gaelic broadcasting service'. This is reserved. · Establishment of a Gaelic Ombudsman to provide legal remedy for breach of rights implied above. The Bill does not provide for such an Ombudsman, and does not, in itself give rights to receive certain services in Gaelic. As the above shows, many of the devolved aspects of the CnaG's 1997 proposal for `secure status' are covered by the Bill, with the main gaps being; directly conferring `official language' status on Gaelic, directly giving rights to receive certain services and/or documents in Gaelic and creating an ombudsman. However, it could be argued that, in respect of devolved areas, the Bill indirectly encourages measures such as these through the mechanism of language planning. The submission of CnaG on the draft Bill proposed that the Bill must specifically provide that Gaelic is an official language and, like Welsh in the Welsh Language Act 1993, be treated `on a basis of equality' with English. `The Gaelic Language Act should embody the principle of equal validity for Gaelic and English in Scotland. This principle implies certain basic rights with respect to Gaelic medium services to all users of the Gaelic language. The Bill should specifically state that Gaelic is an official language in Scotland and will, in principle, be treated equally with English in the conduct of public business.' (Comunn na Gаidhlig 2004) A number of consultation responses on the draft Bill proposed that the current legal status of Gaelic lacked clarity. For example, the Interauthority Standing Group on Gaelic (IASGG) stated that: `Legislation should specifically state that Gaelic and English will be treated equally in the conduct of public business. Such recognition would remove any misconceptions and confusion that presently exist in regard to the legal and official status of Gaelic in Scotland.' (IASGG 2004 p 1) Comparing Welsh and Gaelic, the Welsh Language Board emphasised the importance of symbolism. Welsh is not specifically given `official status' by the Welsh Language Act 1993, but the Board felt that. `This fact did not subsequently impede our work in any practical way even though a statutory declaration would undoubtedly have had added symbolic significance.' (Welsh Language Board 2003 para 3) The Executive, in their Policy Memorandum have argued that the place for statements on equality of status is in guidance and the national language plan. `Equality of status has been given a narrow definition in that context [i.e. in Wales] and public bodies in Wales can be required to prepare plans which provide for bilingual service delivery. Adopting the same principle in this Bill would impact significantly on the flexibility which public authorities could adopt in their development of language plans.[...] the most suitable place to give expression to such principles would be in the national plan and the guidance on language planning which Bord na Gaidhlg will prepare.' (Policy Memorandum 2004 para 50) EDUCATION Education is central to language planning, as is evident from the age profiles of Welsh and Irish Gaelic speakers and the work of socio-linguists such as Joshua Fishman19. (see above p. 8 19 Although Fishman considers intergenerational transmission at Stage 6 as the key factor, he recognises education as a key public policy at Stage 4. providing research and information services to the Scottish Parliament 24
and p. 11) A consistent issue for groups such as CnaG has been the desire for a statutory right to Gaelic medium education where sufficient demand exists. The Executive's preferred approach is: `To work through provision which already exists in the 2000 Act to ensure that there is continued growth in Gaelic medium education provision and that, where there is demand for provision, local authorities should be required to react positively to this.' (Policy Memorandum 2004 para 65) In a change from the draft Bill, the Bill as introduced allows the Bтrd to issue guidance on Gaelic education. This guidance must be based on consultation and be approved by Ministers. Education authorities must `have regard' to this guidance. Shortly before the Bill was introduced, the Executive issued draft guidance for consultation under s.13 of the Standards in Scotland's Schools Act 2000. Local authorities must `have regard' to the guidance which sets out reporting requirements for local authorities on Gaelic Medium Education. In particular, the 21 local authorities which receive the Gaelic specific grant should set out `A commitment to deliver Gaelic medium education as an entitlement at pre-schools and primary wherever reasonable demand exists.' (Scottish Executive 2004a) However, it is up to the local authorities to define what constitutes `reasonable demand', although it should include consideration of numbers of pupils, availability and travel to schools, schools stages. Also notable is the guidance on secondary schools. The policy statement is to include: A commitment to provide a minimum of two secondary subjects in Gaelic for pupils that have gone through Gaelic medium primary education. And A commitment by an authority with Gaelic medium provision to ensure that Gaelic teachers receive Gaelic CPD (Scottish Executive, 2004a) Other issues covered include information for and consultation with parents, supply of materials, ICT, pupil-teacher ratios, Additional Support for Learning, extra curricular activities and teacher training. The above measures may be extended to all local authorities in future. At present, all local authorities must make an annual report on Gaelic. This covers pre-school, primary and secondary, support for pupils and support for teachers. Announcing the guidance on 17 September 2004, Peter Peacock stated: `I want councils that receive Executive funding for Gaelic to reassure parents that wherever there is reasonable demand, Gaelic medium education will be provided and they must define what constitutes reasonable demand in their areas.' (Scottish Executive 2004) The Executive also intends that the Bтrd should inherit the guidance recently issued by the Minister for Education and Young People when the Bтrd is established in statute. FUNDING FOR GAELIC In 2000, the Macpherson report considered the financial support required for Gaelic and proposed that the Bтrd be the sole channel of funding, administering a fund of Ј10m per year (not including broadcasting). Not including Gaelic broadcasting, actual funding in 2000 was Ј4.1m, in 2004/05 it will be Ј6.2m. providing research and information services to the Scottish Parliament 25
Table 4: Funding for Gaelic 2001-0520
Јm cash
2000/01 2002/03
Broadcasting Ј8.5
Ј8.5
Specific grant Ј2.6
Ј2.8
Other education Ј0.605 Ј0.5
Cultural /Gaelic Ј0.608 Ј1.6
organisations
Total
Ј12.6
Ј13.4
2004/05 Ј8.5 Ј3.034 Ј0.6 Ј2.594 Ј14.728
There are many sources of funding for Gaelic education. Funding for Gaelic education comes from the Scottish Executive, local authorities, Highlands and islands Enterprise, Lottery funding, the Funding Councils, the Scottish Arts Council, European Structural funds, BBC, SMG, , LearnDirect Scotland, Gaelic agencies and others. Within the Executive there are funding programmes that do not have a specific Gaelic designation, but a proportion of the funding will go to Gaelic education. Examples of this would be pre-school funding, HMIE activity, National Grid for Learning, SQA examinations, school materials, teacher training, classroom assistants and further and higher education funding etc. In these areas mentioned above and in others areas, there is funding for Gaelic education and Gaelic medium education but it is not designated as such
In addition to the Ј14.7 outlined in the 2003 budget for 2004/05, the Executive announced in April and May of 2004: · Ј90,000 for Stтrlann · Ј250,000 for the specific grant for secondary education · Ј2.75 million towards Glasgow City Council's Ј3.5 million capital costs for the new Gaelic secondary school.
The spending review announced that Gaelic education funding will increase by Ј0.4m in 2006/07 and by a further Ј0.6 in 2007/08. (Scottish Executive 2004b p 27) Part of this will go towards the specific grant which the Draft Budget for 2005-06 indicated will be Ј3.484m in 2007/08.
Other funders include the Scottish Arts Council (SAC) and the Enterprise Network. The SAC established a Gaelic policy for the arts in November 2003 and have allocated Ј80,000 against this under lottery funding for the years 2004/05 and 2005/06. They also contribute Ј250,000 to a Ј400,000 Gaelic Arts Development Fund which was established in May 2004.
20 Sources of funding information: 2000/01 ­ Macpherson report p 7 (a), not including Sabhal Mor Ostaig. 2002/03: p 5 Johnstone, Gaelic Language (Scotland) Bill SPICe Briefing 02/137 2004/05: letter from Peter Peacock MSP to the Education Committee following stage 2 of the budget scrutiny, 2003. Other education covers: Gaelic pre-school, Gaelic language in the primary school, conversion course for Gaelic teaching and Gaelic language in the secondary school. Cultural and Gaelic organisations: the 2004/05 figure includes Bтrd na Gаidhlig. providing research and information services to the Scottish Parliament 26
The financial memorandum estimates that around ten plans per year would be requested. (Financial Memorandum para 82). The cost of developing these plans was estimated to be in the region of Ј10,000 and implementation would be in a range from no cost up to around Ј155,000. (Financial Memorandum para 92) This wide range reflects the flexibility given in the Bill for public authorities and the Bтrd to vary the content of plans in accordance with local circumstances. BТRD NA GАIDHLIG The Bтrd will be central to the implementation and effectiveness of the Bill as it will be responsible for issuing notices, monitoring compliance with them, advising ministers and public authorities, drafting guidance and developing a national plan for Gaelic. As a non-statutory body the Bтrd already has functions to promote and develop Gaelic which includes the ability to distribute grants. The following account of its current activities is mainly taken from its annual report. The Bтrd had distributed Ј754,363 in financial assistance by the end of March 2004. This was made up of 69 grants to 54 organisations ranging from Ј75,000 to the Scottish Arts Council for the new arts initiative fund (to be administered by `Gaelic Arts and Strategic Development') to Ј110 to Sradagan, Islay for drama tuition. The Bтrd also now distributes funds to 13 Gaelic groups, previously funded directly by the Scottish Executive and contributes Ј150,000 to a joint Gaelic Arts Development Fund with the Scottish Arts Council. The Bтrd's current aims include: o Increasing the number of Gaelic speakers and users o Strengthen Gaelic as a family and community language o Facilitate access to Gaelic language and culture throughout Scotland o Promote and celebrate Gaelic's contribution to Scottish cultural life o Extend and enhance the use of Gaelic in all aspects of life in Scotland It is therefore already undertaking some of the promotional functions which are proposed in the Bill. The Annual Report states that its current funding is: `wholly funded by grant-in-aid from the Scottish Executive, in the sums of Ј274,000 in 2002-03 and Ј825,000 in 2003-04.' (Bтrd na Gаidhlig 2004 p 22) Additional functions which would arise from the Bill include monitoring local plans and assisting public authorities under s. 8(7)21. The Bтrd is already working on a National Plan, but will not publish this until the Bill is passed. The Financial Memorandum on the Bill identifies Ј355,000 additional costs to the Bтrd as a result of new functions proposed in the Bill (Financial Memorandum para 100). The funding identified for the Bтrd in the draft budget table 4.06 as follows: Јm 2002-03 Ј1.094 2003-04 Ј2.594 2004-05 Ј2.594 2005-06 Ј3.094 2006-07 Ј5.594 2007-08 Ј4.844 21 The Bord must, on the request of a Scottish public authority, provide the authority free of charge with advice and assistance in relation to the application of this Act to the authority. providing research and information services to the Scottish Parliament 27
In comparison the Welsh Language Board's grant for 2003-04 was Ј4.6m, (ECS Committee 2003a, p 95). From 2006/07 the Bтrd will also administer a new Gaelic Language Development Fund, set at Ј1.5m in 2006-07 and Ј1.75m in 2007-08. This includes the additional running costs for the Bтrd and is primarily intended to help to offset costs on public authorities of implementing language plans. (Financial Memorandum paras 94, 101, 109). providing research and information services to the Scottish Parliament 28
ANNEX 1: GAELIC IN SCOTLAND BY LOCAL AUTHORITY AREA The areas with the highest proportion of the local population with some knowledge of Gaelic are: Western Isles, Highlands and Argyll and Bute. Two fifths of the `Gaelic' population are in Western Isles and Highland, 11% are in Glasgow and 6.5% in Edinburgh. The table below shows the geographical distribution of those with some knowledge of Gaelic.
1 Eileen Siar 2 Highland 3 Glasgow 4 Argyll & Bute 5 Edinburgh 6 Aberdeen City 7 Perth and Kinross 8 Fife 9 South Lanarkshire 10 North Lanarkshire 11 Aberdeenshire 12 Renfrewshire 13 Stirling 14 East Dunbartonshire 15 Dundee City 16 North Ayrshire 17 Falkirk 18 East Renfrewshire 19 West Dunbartonshire 20 Dumfries and Galloway 21 Angus 22 West Lothian 23 Moray 24 Borders 25 South Ayrshire 26 Inverclyde 27 East Ayrshire 28 East Lothian 29 Clackmannanshire 30 Midlothian 31 Shetland 32 Orkney
% local population with knowledge of Gaelic 70.42% 8.86% 1.74% 7.17% 1.36% 1.21% 1.85% 0.70% 0.72% 0.65% 0.82% 1.07% 1.85% 1.40% 0.90% 0.82% 0.74% 1.15% 1.08% 0.67% 0.87% 0.74% 1.07% 0.77% 0.73% 0.97% 0.61% 0.78% 1.08% 0.62% 0.84% 0.91%
% of the c.90,000 people with knowledge of Gaelic living in local area 20.01% 19.85% 10.76% 7.02% 6.52% 2.75% 2.67% 2.62% 2.35% 2.23% 2.00% 1.99% 1.71% 1.62% 1.40% 1.19% 1.15% 1.10% 1.08% 1.06% 1.01% 1% 1.00% 0.88% 0.88% 0.87% 0.79% 0.75% 0.56% 0.54% 0.20% 0.19%
% Scottish popn in each area 1% 4% 11% 2% 9% 4% 3% 7% 6% 6% 4% 2% 2% 2% 2% 3% 3% 2% 2% 3% 2% 3% 2% 2% 2% 2% 2% 2% 1% 2% 0% 0%
Source: Based on Table UV12 `Knowledge of Gaelic' GROS Scotland's Census 2001.
providing research and information services to the Scottish Parliament 29
ANNEX: 2 EUROPEAN CHARTER FOR REGIONAL OR MINORITY LANGUAGES
Table 1: comparisons for provision for Welsh and Gaelic under Part III of European
Charter for Regional or Minority Languages
Welsh Gaelic
Art 8 ­ education
Pre-school education in Welsh/Gaelic
1a(i)
1a(i)
Primary education in Welsh/Gaelic
1b(i)
1b(i)
Secondary education in Welsh/Gaelic
1c(i)
1c(i)
Technical and vocational education, in Gaelic/Welsh, either generally, or a substantial 1d (iv) 1d(iv)
part of curriculum, or within curriculum where there is sufficient demand.
Higher education, in Gaelic/Welsh, to be encouraged.
1e (iii) 1e(iii)
To offer welsh in adult education
1f(ii)
To encourage Gaelic in adult education
1f(iii)
To teach related history and culture
1g
1g
To provide teacher training
1h
1h
To establish a `supervisory body' to monitor progress
1i
1i
With regard to education and in respect of territories other than those in which the regional or
2
minority languages are traditionally used, the Parties undertake, if the number of users of a
regional or minority language justifies it, to allow, encourage or provide teaching in or of the
regional or minority language at all the appropriate stages of education.
Art 9 ­ Judicial authorities
In criminal proceedings, in the judicial areas where number of speakers justify it, to 1a, ii
guarantee the accused the right to use Welsh. Requests and evidence shall not be refused and iii
because they are in Welsh.
In civil proceedings, to allow litigants to use Welsh, without incurring additional expense.
1b, ii
In civil proceedings, to all documents and evidence to be produced in Welsh/Gaelic. 1b(iii) 1b(iii)
Before administrative courts, to allow litigants to use Welsh, and documents and evidence to 1c, ii
be produced in Welsh without additional expense.
and iii
Ensure free provision of interpreters/translation in taking oral or written evidence in 1d
proceedings.
Legal documents can be in Welsh
2b
Art 10 ­administrative and public services
1a(i)
Widely used administrative texts to be available in Welsh Administrative authorities allowed to produce documents in Welsh/Gaelic In regions where justifiable due to number of speakers: Welsh/Gaelic used within the framework of the regional or local authority oral/written applications made in Welsh/gaelic regional official documents published in Welsh local official documents published in Welsh/Gaelic Regional authorities can use Welsh/Gaelic in their assemblies Local authorities can use Welsh/Gaelic in their assemblies Use of place names in Welsh/Gaelic Use of Welsh in service provision Provision of translation and interpretation in service provision public sector recruitment/training to support service provision in Welsh Family names can be in Welsh/Gaelic Art 11 ­ media Radio or TV station in Welsh Adequate provision for programmes in Gaelic Encourage radio programmes in Gaelic Encourage TV programmes in Gaelic Encourage production and distribution of audio and audiovisual works in providing research and information services to the Scottish Parliament 30
1b 1c 2a 2b 2c 2d 2e 2f 2g 3a 4a 4b 5 1a (i)i 1d
1c 2a 2b 2d 2e 2f 2g 5 1a(iii) 1b(ii) 1c(ii) 1d
Welsh/Gaelic
Encourage a Welsh newspaper
1e(i)
Encourage articles in Gaelic
Financial assistance for extra costs of Gaelic media
Financial assistance for Welsh media
1f(ii)
Support journalist training in Gaelic
Free circulation of articles/programmes in Gaelic/Welsh
2
Welsh language users views taken into account with any body established to protect freedom 3
and pluralism of the media
Art 12 ­ cultural activities and facilities
Encourage work in Welsh/Gaelic
1a
Assisting with dubbing/translation/subtitles from Welsh
1b
Assisting with dubbing/translation/subtitles into Welsh
1c
`cultural' organisations include Welsh/Gaelic culture and language
1d
`cultural' organisations ­access to Welsh/Gaelic speaking staff
1e
Users participation in planning cultural activities
1f
Publishing or archiving Gaelic/Welsh work
1g
Linguistics research
1h
Where numbers justify it, cultural activities/facilities.
2
Promoting Welsh/Gaelic abroad
3
Art 13 ­ economic and social life
Eliminate any statutory requirements that require use of English only in e.g 1a
employment contracts, product instructions etc
Oppose practices designed to discourage use of Gaelic/Welsh
1c
Public sector to promote the use of Welsh
2b
Social care services to be offered in Welsh
2c
Consumer rights information to be available in Welsh
2e
Art 14 ­ trans frontier exchanges
Foster contacts with other Gaelic communities abroad
Promote co-operation between local /regional authorities and Gaelic communities abroad
Source: summarised from: Council of Europe. (2004) European Charter for Regional or Minority
Languages, application of the charter in the United Kingdom.
1e(ii) 1f(i) 1g 2 1a 1d 1e 1f 1g 1h 2 3 1a 1c 1a 1b
providing research and information services to the Scottish Parliament 31
SOURCES BBC news [online] 21st May 2004 Gaelic Secondary School Planned, accessed 4th October 2004, available at: http://news.bbc.co.uk/2/hi/uk_news/scotland/3736709.stm Bтrd na Gаidhlig. (2004) Annual Report 2003-04. Inverness: Bтrd na Gаidhlig. Catalan Statute of Autonomy [online] Available at: http://www.catalunya-lliure.com/estatut2.html Central Statistics Office (CSO) (2002) Principal statistics ­ population and vital statistics. Dublin: Central Statistics Office. Available online at: http:www.cso.ie/principalstats/cenir.html Coimisiъn na Gaeltachta (2002) Report of Coimisiъn na Gaeltachta 2002. Available at: http://www.pobail.ie/en/AnGhaeltacht/ReportoftheGaeltachtCommission/ Comunn na Gаidhlig. (1997) Inbhe thearainte dhan Ghaidhlig: Secure Status for Gaelic. Inverness: Comunn na Gаidhlig Comunn na Gаidhlig. (1999) Draft Brief for a Gaelic Language Act. Inverness: Commun na Gаidhlig Comunn na Gаidhlig. (2004) Briefing note for meeting with the Parliament's Education Committee on Tuesday 14 September 2004. [unpublished paper] Constitution of Ireland 1937 [online] Available at: http://www.taoiseach.gov.ie/upload/static/256.pdf Council of Europe. (1992) European Charter for Regional or Minority Languages Strasbourg: Council of Europe. Available at: http://conventions.coe.int/treaty/Commun/QueVoulezVous.asp?NT=148&CM=1&CL=ENG Council of Europe. (2004) European Charter for Regional or Minority Languages, application of the charter in the United Kingdom. Strasbourg: Council of Europe. Available at: http://www.coe.int/T/E/Legal%5FAffairs/Local%5Fand%5Fregional%5FDemocracy/Regional%5For%5F Minority%5Flanguages/Documentation/2%5FCommittee%5Fof%5FExperts%5Freports/2004_1e_ECRM L_UK.asp#TopOfPage Council of Europe [online] Individual country reports are available at: http://www.coe.int/T/E/Legal_Affairs/Local_and_regional_Democracy/Regional_or_Minority_languages/Charter/6_S tates/_summary.asp#TopOfPage [Accessed 21 September 2004] Dumfries and Galloway Council. (2004) Gaelic Language Bill: Response from Dumfries and Galloway. Available at: http://www.scotland.gov.uk/about/ED/SACBranch2/00017912/page1103539821.aspx Fishman, J. (1991) Reversing Language Shift: Theoretical and empirical foundations of assistance to threatened languages. Cleveden: Multilingual Matters Ltd Gaelic Language (Scotland) Bill [as introduced] Session 2 (2004). SP Bill 25. Edinburgh: Scottish Parliament. Available at: http://www.scottish.parliament.uk/business/bills/billsInProgress/gaelicLanguage.htm Gaelic Language (Scotland) Bill: Explanatory Notes Session 2 (2004). SP Bill 25. Edinburgh: Scottish Parliament`. Available at: http://www.scottish.parliament.uk/business/bills/billsInProgress/gaelicLanguage.htm Gaelic Language (Scotland) Bill: Policy Memorandum Session 2 (2004). SP Bill 25. Edinburgh: Scottish Parliament. Available at: http://www.scottish.parliament.uk/business/bills/billsInProgress/gaelicLanguage.htm General Registrar Office for Scotland (GROS). (2001) Scotland's Census 2001. Edinburgh: General Registrar Office for Scotland. Available at: http://www.scrol.gov.uk/scrol/common/home.jsp Houston, R. A and Knox, W.W.J. (2001) The New Penguin History of Scotland London: Penguin Inter Authority Standing Group on Gaelic (IASGG) (2004) Draft Gaelic Language Bill: Response From The Inter-Authority Standing Group on Gaelic. Available at: http://www.scotland.gov.uk/about/ED/SACBranch2/00017912/page1103539821.aspx providing research and information services to the Scottish Parliament 32
Johnstone R, et al. (2002) Translating, interpreting and communication support services across the public sector in Scotland: a literature review. Edinburgh: Scottish Executive Central Research Unit. Available at: http://www.scotland.gov.uk/cru/kd01/red/tics-00.asp Johnstone R, et al. (2004) Draft Gaelic Language Bill, consultation analysis: report to the Scottish Exeuctive and Bтrd na Gаidhlig Edinburgh: Scottish Executive. Available at: http://www.scotland.gov.uk/about/ED/SACBranch2/00017912/page416440067.aspx Lords Hansard Written Answers 6 June 2003. HL 3159. Available at: http://www.parliament.thestationery-office.co.uk/pa/ld200203/ldhansrd/vo030612/text/30612w05.htm#30612w05_sbhd3 Macpherson, J. et al. (2000) Revitalising Gaelic - A National Asset : report by the taskforce on public funding of Gaelic. Edinburgh: Scottish Executive Available at: http://www.scotland.gov.uk/library3/heritage/gtfr-00.asp Meek, D et al (2002) Report by the Ministerial Advisory Group on Gaelic. A Fresh Start for Gaelic. Edinburgh: Scottish Executive. National Assembly for Wales (2003) 2001 Census of Population :First results on the Welsh language SB22/03 [online] Available at: http://www.wales.gov.uk/keypubstatisticsforwalesheadline/content/population/2003/hdw200302133e.htm Office for National Statistics. (2004) [on-line] Focus on Wales its People: Welsh Language. Available at: http://www.statistics.gov.uk/CCI/nugget.asp?ID=447 Official Languages Act. Act no. 32 of 2003. Dublin: Oireachtais. Available at: http://acts.oireachtas.ie/en.act.2003.0032.1.html 2003 Scottish Executive (2003) Press Release 17 January 2003. First Meeting of New Gaelic Agency. Available at: http://www.scotland.gov.uk/News/Releases/2003/01/2937 Scottish Executive (2003a) Executive Memorandum in Response to the Gaelic Language (Scotland) Bill 2002. Edinburgh: Scottish Parliament Available at: http://www.scottish.parliament.uk/business/committees/historic/education/reports-03/edr03-04-vol0201.htm#3l Scottish Executive (2003b) The Gaelic Language Bill Consultation Paper Edinburgh: Scottish Executive Available at: http://www.scotland.gov.uk/about/ED/SACBranch2/00017912/page1150401548.aspx [This page also has useful information about the consultation process and a record of responses]. Scottish Executive (2003c) Letter from Peter Peacock to Education Committee regarding Gaelic spend. Information provided following Committee request at stage 2 of 2003 budget process. [Unpublished]. Scottish Executive (2004) Press release: `Entitlement to Gaelic Education Established' 17th September 2004. Edinburgh: Scottish Executive. Available at: http://www.scotland.gov.uk/News/Releases/2004/09/17083421 Scottish Executive (2004a) `Consultation on Draft Gaelic Education Guidance' Scottish Executive: Edinburgh. Available at: http://www.scotland.gov.uk/about/ED/SACBranch2/00017909/page1610648563.aspx Scottish Executive (2004b) Building a Better Scotland, Spending Proposals 2005-08: Enterprise, Opportunity, Fairness. Edinburgh: Scottish Executive. Available online at: http://www.scotland.gov.uk/library5/enterprise/babs-00.asp Scottish Labour Party (2003) On Your Side: Labour party manifesto 2003 Glasgow: Scottish Labour Available at: http://www.scottishlabour.org.uk/manifesto/ Scottish Parliament Education, Culture and Sport Committee (ECS) (2003) Official Report Tuesday 21 January 2003. Available at: http://www.scottish.parliament.uk/business/committees/historic/education/or-03/Col3418 Scottish Parliament (ECS) Education, Culture and Sport Committee (2003a) 4th Report 2003. Stage 1 report on the Gaelic Language (Scotland) bill. SP Paper 785. Edinburgh: Scottish Parliament Available providing research and information services to the Scottish Parliament 33
at: http://www.scottish.parliament.uk/business/committees/historic/education/reports-03/edr03-04-vol0101.htm Scottish Parliament Education, Culture and Sport Committee (ECS) (2003b) Official Report Tuesday 14th January 2003. Available at: http://www.scottish.parliament.uk/business/committees/historic/education/or-03/Col3418 Spain (2002) Initial periodical report by Spain submitted to the Secretary General of the Council of Europe in accordance with Article 15 of the Charter. Strasbourg: Council of Europe. Available at: http://www.coe.int/T/E/Legal_Affairs/Local_and_regional_Democracy/Regional_or_Minority_languages/D ocumentation/1_Periodical_reports/2002_7e_MIN-LANG_PR_Spain.asp#TopOfPage Taylor, S. (1997) 'Gаidhlig an Dщthchas nan Gall/Gaelic in Lowland Heritage', Cothrom 11, 14-16. [Gaelic and Scots interaction, as evidenced in place-names] [online] Available at: http://www.cli.org.uk/cgi-bin/get?what=11b United Kingdom (2002) Initial Periodical Report by the United Kingdom. Strasbourg: Council of Europe Available at: http://www.coe.int/T/E/Legal_Affairs/Local_and_regional_Democracy/Regional_or_Minority_languages/D ocumentation/1_Periodical_reports/2002_5e_MIN-LANG_PR_UK.asp#TopOfPage Welsh Assembly (2004) Wales in Figures [online] Available at: http://www.wales.gov.uk/keypubstatisticsforwalesfigures/content/population/2001welsh-ua.htm Welsh Language Board (2003) The Gaelic Language Bill: Consultation Paper: Comments of the Welsh Language Board. Available at: http://www.scotland.gov.uk/about/ED/SACBranch2/00017912/page1103539821.aspx providing research and information services to the Scottish Parliament 34

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