BSL-15 The Neumark Foundation

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: Sefydliad Neumark | Evidence from: The Neumark Foundation

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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.

Deaf communities do not have a voice to support their needs. There is no parity of access to public services and not automatic expectations of public bodies to treat deaf people no less favourably that other people. Unless these rights are enshrined in legislation they will not be applied fairly and ensure that deaf people have the voice they deserve.

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

I agree that the goals will provide a firm foundation to enable the bill to achieve the required outcomes. We fully support removing the barriers that currently affect deaf people and their families across Wales in areas such as education, healthcare, public services, support services, and the workplace. Deaf individuals deserve the same equality of opportunity, and this bill seeks to ensure that people who use BSL are not treated less favorably than those who speak Welsh or English. BSL should be equally accepted and understood in all aspects of life in Wales, giving deaf communities a voice in the design and delivery of the services they rely on. This can be achieved by establishing a BSL Commissioner with powers equal to those of other minority language Commissioners, who can advocate for deaf people and ensure accountability by placing a reporting duty on the Commissioner to the Welsh Government and public bodies.

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.

Yes

BSL Users is a more inclusive term that includes the ability to sign by those with and without hearing loss.

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

It provides clarity and specificity. This terminology acknowledges both the person’s linguistic identity as a BSL user and their deafness as a medical or audiological condition.

Therefore, “deaf BSL signers” is a helpful term that clearly identifies those in the BSL community who are both deaf and rely on sign language, supporting accurate representation in policy discussions, service provisions, and broader societal understanding.

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.

Disagree

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 already stated, deaf communities do not have a voice to support their needs. There is no parity of access to public services and not automatic expectations of public bodies to treat deaf people no less favourably that other people. Unless these rights are enshrined in legislation they will not be applied fairly and ensure that deaf people have the voice they deserve.

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

BSL, Fingerspelling, Sign Supported English, Sign Systems, Tactile signing, Augmentative and Alternative Communications, cued speech, lip reading and assistive technology

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;Social Care; Transport; Other Public Services used by deaf people and their families; Workplace.

In education, deaf students often face challenges due to limited access to qualified BSL interpreters, insufficient funding for support, and a general lack of deaf awareness among educators, which can affect both their academic experience and social inclusion.

In healthcare, many deaf individuals encounter difficulties due to limited interpreter availability, inadequate visual resources, and the need to rely on family members for communication. These issues can compromise both privacy and the accuracy of medical information.

Within social care, there is often a shortage of services tailored to deaf individuals, combined with limited funding for interpreters and minimal deaf awareness training among providers. This can lead to gaps in crucial support areas, such as mental health and family care.

In transport, deaf passengers frequently miss important updates or safety instructions, as announcements are often only made audibly. The lack of staff awareness and accessible, real-time information further complicates navigation and safety.

Other public services also pose challenges, with few BSL resources available, limited assistive technology, and a lack of deaf awareness training for staff, making it difficult for deaf individuals to access essential services like local government assistance.

Finally, in the workplace, deaf employees often encounter inadequate accommodations, such as the absence of interpreters or captions during meetings, along with limited deaf awareness among colleagues and management. This can impact their ability to fully participate, progress, and find satisfaction in their roles.

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 with the proposal to establish a BSL Commissioner for Wales, as this role would advocate for the rights and needs of the deaf community, ensuring BSL accessibility across public services, education, healthcare, and workplaces. A Commissioner could promote deaf awareness, provide guidance to public bodies, and hold services accountable, fostering a more inclusive society. An additional advisory council of BSL users could further strengthen this role by bringing lived experiences directly into policy-making.

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

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.

There is much work needed to create true equality for deaf people in Wales, and these four priorities provide a solid foundation. Enabling deaf users/signers to lead in policy and service development ensures that their voices are central, early language support equips deaf children and families from the start, improved BSL provision in education empowers future generations, and access to interpreters in public services ensures fair and equal access to essential resources.

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

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

We welcome the Bill and Explanatory Memorandum, as deaf communities currently lack a voice to advocate for their needs. There is no parity of access to public services, nor an automatic expectation for public bodies to treat deaf people as favorably as others. Embedding these rights in legislation is essential to ensure they are applied fairly and that deaf people have the representation and voice they deserve.