BSL-26 Individual

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: Unigolyn | Evidence from: Individual

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.

I definitely agree that there is a need for this legislation. I would like to reply in BSL but this is too complicated to understand so writing my response. Too many times in education or health have I, my wife or others been ignored after making requests for interpreters. Too often have we been grouped together with disabled people when being consulted (Disability Rights Task Force for example) but English dominates and our 'voices' get drowned out.  Too many times the Equality Act has been breached and no consequence or punishment for those who break it (Qualifications Wales and BSL GCSE fiasco for example).  Too many times Welsh Government talk about Social Model of Disability but never talk about the linguistic and cultural identity of the deaf community as specified by UNCRPD Article 24 (3).  Too many deaf children and parents are denied free access to BSL from the point deafness is diagnosed and instead all resources are pumped into surgical procedures and audiological technology.

 

 

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 this is a positive step and compatible with UNCRPD . I also agree that a BSL Commissioner is a positive step as the Equality and Human Rights Commission, Future Generations Commissioner and other commissioners do not appear to be protecting the interests of deaf people who use BSL or other BSL users (CODAs).

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.

Yes because promoting and facilitating the learning of sign languages is a duty on state parties that have ratified the UN Convention on the Rights of Disabled People as is promoting the linguistic identity of the deaf community . This is something that the Welsh Government isn't currently doing.

The history of the North Wales deaf community is linked to schools for deaf children in Liverpool, Manchester and more recently Derby. The South Wales deaf community;s history lies in Llandrindod Wells Residential School, Swansea's Royal Cambrian School and Penarth School. Different signing 'accents' evolvedin North and South Wales as a result. These differences are due to historical differences and associations and are important to deaf culture. In a similar way the Welsh spoken language differs across Wales.

BSL Signers has merits as it could infer both deaf people, CODAs and allies. It is equivalent to Welsh speakers rather than Welsh users.  I know some will prefer BSL users as this has been the traditional terminology.

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'm not sure the terms 'medically or audiologically deaf' are actually very helpful . How much hearing or how deaf must one be to be audiologically deaf rather than hard of hearing?  I think saying you are deaf and deciding that you find BSL easier than listening / lipreading is something that is self determined and not determined by a doctor or audiologist.

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.

Nothing about us without us has long been a slogan for the disability rights movement.  The deaf community are still experiencing decisions being made for them by health and social care professionals. Non-deaf social workers and ex social workers are in positions of power within Welsh Government and local government and are shaping BSL policy without any input from deaf people. A recent example of this are Welsh Government advertising a 'Head of BSL Policy & Sensory'  for which there were no eligible internal deaf BSL signing candidates. Deaf people have not been involved in writing the job description nor are they on the interview panel. The job description says that Welsh is desirable for the role but being able to sign BSL or lived experience is not even desirable - it makes no sense.   According to UNCRPD and the Equality Act 2010 deaf communties should be involved in decisions that affect them but this is not happening in Wales as I see it.

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

See 18 above.

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

BSL, Deafblind fingerspelling and hands on BSL signing.

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.

EDUCATION Language deprived, not fully access to curriculum, poor education attainments, low literacy of many deaf school leavers, low BSL skill levels in large numbers of CSWs and Teachers of Deaf children.

HEALTH lack of information from health boards in BSL, few interpreters for one to one consultations , over reliance on family and friends, increased risk of medical negligence using unqualified interpreters , inappropriate early years interventions from medical professionals with little input from deaf role models who can promote bilingualism , increased risk of serious illness or death from inadequate communication between deaf people and health professionals. Increased risk of mental health problems due to being deaf in a society geared for hearing people.

SOCIAL CARE lack of access to info in BSL for carers - all stages of life.

TRANSPORT - all forms inadequately catered for . Train announcements, delays lack of information etc.

WORKPLACE - fewer education qualifications (not even a BSL GCSE now!) mean fewer employment opportunities meaning that deaf people are at increased risk of poverty and poor health.

OTHER - leisure , sport and recreation activities - cinema and theatre productions fewer opportunities for deaf BSL signers to participate.

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.

Agree with the proposal for a BSL commissioner (who must have lived experience of BSL).   Quite simply existing structures: ESTYN , EHRC equality watchdog, Future Generations Commissioner, Older People Commissioner, Children's Commissioner, Welsh Language Commissioner have all FAILED to consider the needs of deaf BSL signers in Wales.

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.

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

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.

This question makes no sense !!??? Do you agree or disagree ?? And the options are yes or no!!! Is this designed to confuse deaf people who already struggle with English literacy ???

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

This consultation questionnaire is incomprehensible to hundreds of deaf BSL signers across Wales. You cannot expect people to respond when the questions have been so poorly worded and they already have low English literacy. It is far from clear how to answer in BSL. The first page on the questionnaire is far too wordy and most BSL signers I know would probably just give up on the first page.  A new alternative approach is needed to gain the views of deaf BSL signers - possibly workshops.

Question 16: Anything else?

The current method of consultation needs to be reviewed, improved and the timescale for responses extended. I am very disappointed.