Mark Isherwood MS calls for a British Sign Language legislation for Wales which will enable the deaf community and people with hearing loss to have a voice in the design and delivery of more efficient and affordable support services.
Laws and Acts of Parliaments define who we are as a society and what values we want to live by. They can be used to prevent certain actions by individuals, businesses, or public bodies, or to place a duty on them to take certain actions. They can also help make a fairer, more caring society for communities that continually have to overcome barriers to live their lives to the fullest.
There is always a risk when introducing a new Bill that we are adding “red tape” to public bodies, businesses and individuals, and there is a case to argue that we have unnecessary, burdensome legislation in certain sectors.
Law also has to be accessible, consistent, and avoid unnecessary complexity. These principles were highlighted overnight during the Covid-19 pandemic, when the UK and Welsh Governments had different regulations on what people could or could not do.
When presented with a Bill, Parliaments must always first ask if we need additional legislation and whether they agree with its principles.
When current legislation, strategies and policies aren’t working, then it is right to legislate.
Syniadau uchelgeisiol, awdurdodol a mentrus.
Ymunwch â ni i gyfrannu at wneud Cymru gwell.
It is believed that there are over 4000 people who use British Sign Language in Wales, but a Welsh Government commissioned review on BSL provision states that “based upon the Scottish Census and England GP Patient Survey data would mean that the Welsh BSL population would be around 5,600-7,300 people.”
BSL is not just a language: it is also a gateway to learning, and the means whereby deaf people survive and flourish in a hearing world.
In October 2024, Qualifications Wales took the decision to suspend the development of a BSL GCSE.
Part of the justification for the decisions was that in Wales there is not a ready-made workforce of qualified teachers who could teach a GCSE in this subject.
Qualifications Wales’ decision to suspend the development of a BSL GCSE gets to the crux of the argument of why a BSL Act in Wales is needed. We know that there is a lack of BSL interpreters and translators in Wales, so it is not surprising that there would also be a lack of qualified teachers for a GCSE. This goes to the heart of the issue of why BSL signers are indirectly excluded from Welsh society, through a lack of awareness of the barriers they face, and therefore a lack of proactive planning and adjustments made for deaf people and BSL signers.
The need for British Sign Language legislation for Wales has also been emphasised by the All Wales Deaf Mental Health and Well-being group, who are working with the Royal College of Psychiatrists, focusing on researching deaf communities in Wales, the huge risks of mental health issues and their impact.
BSL is not just a language: it is also a gateway to learning, and the means whereby deaf people survive and flourish in a hearing world.
They state that there is plenty of evidence that deaf people have twice the mental health problems that hearing populations experience; deaf communities are an underserved and marginalised group and Wales is the only UK country with no specialist deaf mental health service.
My proposed BSL Bill for Wales has secured comprehensive support from deaf-led, deaf and wider disability bodies, and beyond. It seeks to ensure that the deaf community and people with hearing loss have a voice in the design and delivery of services to ensure they meet the needs of service users, with actions including the establishment of a BSL national advisory group.
The British Deaf Association have told me that my Bill is very important for their deaf members and supporters in Wales, who have been campaigning for a BSL Act in Wales for several years.
The Bill would make provisions to encourage the use of BSL in Wales and improve access to education and services in BSL.
A BSL Bill would not be a means to an end in itself, but act as a platform to ensure improved services for the deaf community and for people with hearing loss; and will improve the support currently offered, so people can fully engage in activities like employment and education.
Gofod i drafod, dadlau, ac ymchwilio.
Cefnogwch brif felin drafod annibynnol Cymru.
The Bill should be seen as a piece of enabling legislation: it should help focus efforts to improve BSL skills within public services and address communication support, so that the high costs of BSL classes are not borne by families, carers and the people who need additional help to tackle barriers faced by deaf people and those with hearing loss.
The Welsh Government argues that we don’t need specific Welsh BSL legislation because we have existing legislation, including the Wellbeing of Future Generations (Wales) Act and a Welsh Government commissioned audit of their BSL provision against the British Deaf Association’s (BDA) BSL Charter.
However, a common theme emerging from the Welsh deaf community is a desire:
- for more Welsh deaf leadership in BSL service delivery;
- for BSL services to be delivered by deaf BSL signers themselves;
- and for support to enable deaf-led professional planning and budget setting on BSL issues.
The BDA state: “This seems to be because Welsh deaf BSL signers have seen Welsh Government and Welsh Local Authorities – with the best will in the world – spend money earmarked for BSL services on paying non-signers to design and deliver these BSL services, with the understandable and inevitable consequences of a mismatch between service design and actual need, reducing efficiency and value for money.”
With a BSL Act in England and Scotland, and a proposed Executive Bill in Northern Ireland, Wales could find itself as the only nation in the United Kingdom without specific BSL legislation: if a BSL Act in Wales does not come to fruition, it would be a betrayal of BSL signers across Wales.
Dr Rob Wilks, a Welsh deaf academic and Senior Lecturer in Law at Bristol Law School, argues in his recent article that the Wellbeing of Future Generations (Wales) Act is not addressing the needs of the Welsh deaf community.
He concludes that the Act’s “current oversight of specific provisions for the Welsh deaf community underscores a critical gap that must be addressed to ensure their equitable participation and benefit from societal advancements.
“To bridge this gap, several key steps are imperative. Firstly, introducing a BSL Act tailored to Wales is crucial. This would institutionalise the promotion and facilitation of BSL, ensuring it is integral to public services and communications, thereby strengthening the seven well-being goals as they pertain to the Welsh deaf community.”
With a BSL Act in England and Scotland, and a proposed Executive Bill in Northern Ireland, Wales could find itself as the only nation in the United Kingdom without specific BSL legislation: if a BSL Act in Wales does not come to fruition, it would be a betrayal of BSL signers across Wales.
On a free vote, the Bill has secured cross party support, as well as overwhelming support from the deaf community. There is no reasonable argument not to make the BSL (Wales) Bill an Act, and for reasons of morality, practicality and equality it must be enacted.
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