BSL-95 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.

Yes. BSL is a language in its own right and should be recognised fully as such with equal rights to those who use auditory languages. This has implications for education and service provision, including equal access to services for disabled and differently abled people. In particular, a shortage of qualified BSL teachers able to offer BSL classes at a high level has negatively impacted on our ability to serve members of the D/deaf community, which is at odds with our requirement to serve all of the people of Wales. Further protection is badly needed. Additionally, the Welsh Government's support for signed systems like Makaton can complicate people's views of BSL as a full and rich language, and this may serve as a corrective or mitigation against that.

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

Agree

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.

BSL is a language in its own right, with its own vocabulary, grammar, and syntax. For some people it will be their first language. Moreover, regional variations and dialects of BSL include Welsh specific dialects, including some particularly corresponding to the Welsh Language, and so, in my view, this should be seen as having implications for Welsh language legislation as well.

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.

Don't know

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.

Lack of BSL users qualified to level 3 or above in Welsh public services negatively impacts not only the ability of these services to serve BSL users, but also limits their understanding of D/deaf culture and thus to design appropriate provision.

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.

It just makes sense. Asking users for their views in designing services ensures that these services can operate both effectively and efficiently, maximising desired outcomes.

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

It should distinguish between BSL as a language and Sign Supported Communication

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.

There are wholistic and systematic barriers to services due to a lack of people able to communicate in BSL across all public services. We rightly would not require Welsh speakers to go through an intermediary or interpreter to access public services or communicate with doctors, but this is seen per necessity as acceptable for BSL speakers. This represents systematic inequality on the basis of disability, which runs counter to the spirit, if not the letter, of equality legislation. The same principle as 'gwneud popeth yn Gymraeg' (‘do everything in Welsh’) should also apply to BSL.

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.

Support and leverage funding towards enabling public sector employees to learn BSL to a high standard.

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.

Access to interpreters is important as a short-term measure, but holding an expectation that service providers in the public sector should sign/learn BSL fluently in the same way as they are expected to speak/learn Welsh fluently should be the more ambitious medium to long term goal.

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?