The Welsh Language Commissioner has expressed concern about the Civil Procedure Rule Committee's understanding of the equal status of English and Welsh texts in Welsh legislation.
It comes in response to the committee's consultation on proposed changes to the Civil Procedure Rules and its Practice Directions relating to the Welsh language.
The current 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.
In her response, the Welsh Language Commissioner is 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.
Efa 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.”
