BSL-14 Dr Simon Braybrook, GP Partner

Senedd Cymru | Welsh Parliament

Bil Aelod Arfaethedig – Mark Isherwood AS | Proposed Member Bill - Mark Isherwood MS

Datblygu'r Bil Iaith Arwyddion Prydain (BSL) (Cymru) | Development of the British Sign Language (BSL) (Wales) Bill

Ymateb gan: Dr Simon Braybrook, Meddyg Teulu Partner | Evidence from: Dr Simon Braybrook, GP Partner

The need for legislation

The British Sign Language Act 2022 requires the UK Government to issue guidance about the promotion and facilitation of the use of British Sign Language (BSL). This however only applies in England and not to the Welsh Government or public bodies in Wales such as councils or the NHS.  The British Sign Language (BSL) (Wales) Bill aims to place equivalent specific duties on the Welsh Government and public bodies in Wales.

Question 1: Do you think there is a need for this legislation? Please provide reasons for your answer.

Yes I think there is urgent need for legislation. We have seen with the All Wales Standards for Accessible Communication for Sensory Impairment what can can happen if standards are introduced without legal responsibilities to monitor and facilitate progress. I know first hand how behind the health service in Wales is with ensuring patients are able to communicate in their own language and we are seeing Wales fall behind in education also. It is not enough to rely on the disability requirements of the Equality Act. The Deaf community is not merely a disability group, they are a language and cultural group in their own right and their language and culture deserves all the same respect and protection the the Welsh language and its speakers receives.

Question 2: Do you agree or disagree with the goals that the Bill seeks to achieve? Please provide reasons for your answer.

I agree with the goals although I feel that the legal responsibilities should be even stronger. I would like to see BSL afforded the same protections and support in every way that the Welsh Language does. The Welsh language Act should be the model for the BSL act.

British Sign Language

Question 3: Do you agree that the Bill should include proposals to promote and facilitate the use of BSL and its tactile forms?

Yes

Question 4: Do you agree that the Bill should support the various Welsh regional dialects of BSL?

Yes

Question 5: Do you think that the term ‘BSL users’ should be replaced with ‘BSL signers’, recognising that BSL is a language which includes both deaf and hearing signers? Please provide reasons for your answer.

Don’t know.

I do not feel strongly about the term BSL users or BSL signers. In any case, the appropriate term for BSL user/signer can only be expressed in BSL. Its English (or Welsh) translation is less important

Question 6: Do you think that the term ‘deaf BSL signers’ can be used when referring to BSL users/signers who are medically or audiologically deaf?  Please provide reasons for your answer.

Yes

I think the term can be used but it is for a person themselves to determine what terminology they use e.g. deaf, Deaf, hearing, hard of hearing, half deaf etc.

Deaf Communities

Question 7: Do you agree or disagree that deaf communities:

a) currently have a voice in the design and delivery of the public services that they use? Please tick the answer that most applies and provide any comments.

Strongly disagree

I see a lack of evidence that there is a BSL advisory board within the Welsh government who are Deaf and BSL signers. This is essential. From speaking to my friends active locally in the Deaf community, they feel marginalised.

b) should have a formalised voice in the design and delivery of the public services that they use, especially ones targeted at deaf people. Please tick the answer that most applies and provide any comments.

Strongly agree

As said above, there should be parity between BSL and the Welsh language in Wales. More so, as a hearing Welsh language speaker has the capacity to learn another language such as English or BSL but a Deaf person will never be able to hear a spoken language and will face significant barriers in learning to speak one. We must have Deaf BSL users/signers a the heart of this legislation.

Question 8: Are there any specific communication methods used by deaf people that you would like the Bill to reference/include?

The bill must reference and be available in BSL, with the understanding that many deaf/Deaf people do not have access to BSL (through the fault of our woeful education and healthcare systems) therefore written English/Welsh must be available also.

Barriers that exist for deaf people

Question 9: What do you believe are the main barriers that currently exist for deaf people and/or their families in the following areas. Please tick all that apply and provide information/examples on each area:

Education; Health.

I know first hand from working in primary care and, previously, ENT that healthcare is woefully behind in its understanding of the Deaf community, seeing Deafness as an absence of hearing instead of a unique cultural and language group. We spend a great deal of money on amplification of residual hearing and cochlear implants and none on teaching children (and their parents) to sign during the crucial period of language development (age 0-7). Education must include units where education is provided through sign (not merely translating spoken languages) and have provision of BSL for all students from early years through to and including GCSE. There needs to be as much focus on BSL in education as their is on the Welsh Language.

Establishing a BSL Commissioner for Wales

The Bill proposes to establish a BSL Commissioner who would promote and facilitate the use of BSL, and would have the same powers as other minority language Commissioners such as in the Welsh Language (Wales) Measure 2011.

Question 10: Do you agree or disagree with the proposal to establish a BSL Commissioner for Wales, and, do you have any different suggestions or alternatives? Please provide reasons for your answer.

Yes

Question 11: The proposed remit of the Commissioner would be to:

§ formulate BSL standards;

§ establish a BSL Advisory Panel;

§ produce reports every 5 years in BSL, Welsh and English on the position of BSL in that period;

§ provide guidance and a process for public bodies to promote and facilitate BSL in their respective domains;

§ establish a procedure for the investigation of complaints.

Do you agree with the proposed remit of the Commissioner, and are there any other provisions you would like to include in the Commissioner’s remit? Please provide reasons for your answer.

I agree. I also believe the commissioner must be an experienced signer with experience of the Deaf community, if not Deaf themselves. If they are not Deaf they must be supported by an Advisory panel who is for the most part members of the Deaf community

Question 12: Do you agree that the BSL Commissioner and the BSL Advisory Panel members should be fluent users/signers?

Yes

Question 13: Do you think that the proposed BSL Commissioner and Advisory Panel should prioritise the following. Please tick all that apply and provide reasons for your answer.

Enabling deaf users/signers to lead the development of policies and implementation of services for BSL users/signers; Early years language support for deaf children and their families; Improving BSL provision in education; Access to interpreters in public services.

All those things are important. I also believe the advisory panel should at least be made up of a majority of Deaf people.

Question 14: Do you agree or disagree with the proposal to place a duty on the Welsh Government to prepare and publish an annual BSL report? Please provide reasons for your answer.

Yes.

An annual report is essential to monitor progress and hold the Welsh Government to account.

Question 15: Are there any other issues that you would like to raise about the Bill and the accompanying Explanatory Memorandum?

It is important to acknowledge Wales is behind and is falling further behind England and Scotland in this matter and those countries provision is already poor. We should be aspiring to be better. Being as good as England or Scotland is not enough: we have a standard to aspire to and that is the standard of the Welsh Language Act. The Deaf community deserve language equality with English and Welsh.