BSL-98 British Deaf Association Cymru

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: Cymdeithas Pobl Fyddar Cymru | Evidence from: British Deaf Association Cymru

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 there is no doubt that legislation is needed to enshrine the language rights of BSL users into law and to ensure Deaf BSL signers are leading on policy development and implementation in Wales.

All devolved services n Wales have been failing Deaf BSL signers for generations which leads to poor health and mental health outcomes.

Deaf BSL signers are isolated in their local communities, with inclusion being thwarted by the language barriers they face. Deaf BSL signers are unable to volunteer in mainstream initiatives due to lack of access to BSL. There is no Access to Volunteering scheme mirroring Access to Work.

Many Deaf people are economically inactive although they have enormous potential but find it hard to gain academic qualifications, apprenticeships, work training or work experience. Those that are able to gain paid employment often do not fulfil potential and overlooked for promotion like their hearing colleagues. This means many Deaf BSL signers work in low pay industries, often isolated in their workplace.

BDA has  provided an advocacy service for over 5 years, and have seen first hand that huge numbers of Deaf BSL signers face daily barriers in accessing services and local activities.

Education from schools to adult education is failing Deaf people due to lack of information and communication in BSL. Deaf people tend to enter school with language and learning development already way behind their peers. BSL is not made available to families and deaf children and this needs to be addressed. There is a chronic shortage of Communication Support Workers to support Deaf learners.

Social care is failing Deaf BSL signers as assessments are usually inaccessible and often conducted by telephone or email. Deaf people often do not get the support they need such as a support worker to help them deal with inaccessible correspondence.

NHS Healthcare has been subjects to Accessible Standards since 2013 but still mnay Deaf people are attending Doctors, Dentists and Hospitals with no information and communication in BSL. Those standards are being refreshed but there is little confidence that the situation will improve in the way that is needed.

The Welsh Language is protected and promoted by strong legislation and a Commissioner. This compels public services to take actions. We cannot think of a single reason why BSL signers do not have the same.

The UK BSL Act 2022 recognises BSL as one of four UK indigenous languages. 3 of those apply to Wales. We have 3 national languages in Wales but BSL is easily overlooked as there is no legislation to compel planning and actions to address the current failings.

Any costs of legislation and actions are likely to require a significant investment but better education, access to training and volunteering, access to employment will increase attainment and employment prospects. This will lead to an increase in confidence in Deaf people and an ability to earn money and reduce benefit dependency and economic inactivity.

Better health and mental health outcomes will also benefit our hard pressed NHS in Wales.

Legislation is vital - we are now the only UK country without law covering our nation and its devolved services.

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

BDA Cymru agrees fully with the goals of the legislation to place Deaf BSL signers on an equal footing to those using English or Welsh in Wales. The goals will also help Deaf visitors from other UK countries and from overseas.

We have given a full answer in the previous questions and that section also indicates why we would agree with the goals.

However, it is important that Welsh Government and public services in Wales involve Deaf people in planning and implementation.

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.

Some BSL users/signers prefer one of the terms above and others are fairly relaxed as to which term is used.

BSL signers seems popular with many but overall BDA Cymru believes Deaf people themselves should determine by consensus which term they prefer.

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.

BDA Cymru would rather Deaf signers reach a consensus on this but we believe that the Yes answer fits with our thinking.

It should be noted that some Deaf signers may not have been audiologically, or medically supported for many years.

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.

Unfortunately, Welsh Government has failed to implement the BSL Charter and their website is not BSL accessible. Most consultations do not have BSL versions and the function to respond in BSL.

BDA Cymru has sometimes requested BSL versions of consultations and they have not been provided or are provided late with insufficient time to disseminate and gain responses.

Only 3 local authorities in Wales have signed the BSL Charter. 19 havent. 3 have some BSL access through video relay services but the rest do not. Welsh is well catered for as there is compulsion by law to provide for Welsh speakers.

We observe time and again, that Deaf people cannot take part in consultations or service design as the language barriers are not removed. Often a late meeting is called with a small number of Deaf people belatedly involved and therefore is not representative.

Cardiff City Council has signed a pledge of BSL Charter to consult the Cardiff Deaf Community but we havent come across an accessible consultation relaeased at same time as English and Welsh.

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.

We regularly see that when Deaf BSL signers are not involved in planning and implementation that mistakes are made and full inclusion is not available. Deaf BSL signers must be involved at all stages. Welsh Government has a BSL Policy Team that has no Deaf BSL signers - this is not right. Northern Irelands Assembly second a Deaf person to support the development of the BSL/ISL Bill and they gave great feedback about this approach.

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

BSL should be at the heart of the Act but some Deaf people use Sign Supported English and this could be acknowledged/referenced. Similarly Deafblind people may use Visual Frame Signing, Hands On Signing or deafblind manual and this should be considered.

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

Arts, culture, religion, sports, community groups/activities, leisure and hobby groups.For each area ticked above inclusion is not possible due to language barriers to access information and communication. Removal of the barrier would open up all sectors including arts, culture, tourism, sports, community activities and leisure.

Attitudes to BSL signers can be negative and often providers think that live chat, Relay UK, text messaging, emails, letters or writing on a notepad are reasonable adjustments but all of these are based in English (or Welsh) and that denies access to BSL signers (unless the person has good English skills).

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.

Yes there should be a Commissioner to oversee devolved services, to hold them accountable for failures to address the needs of the Deaf BSL community. There is a Welsh Language Commissioner so to deny this to Deaf BSL signers is not equitable.

An alternative may be to fund a Deaf organisation to act as a watchdog. BDA is the only Deaf led, Deaf staffed and Deaf member organisation in Wales.

We believe that legislation will only work if it has legislative teeth.

We believe that reporting should be after the first 2 years, then at five year intervals with interim half way reporting.

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.

I think the majority of the BSL Advisory Group should be fluent BSL signers and that may include non Deaf fluent signers such as interpreters/translators (many of these are family of Deaf signers). Also, those who are involved in the Deaf community or work closely with them but whose signing may be less fluent.

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.

I think initially it should be annual and reviewed after 5 years. Deaf people must see progress as the status quo is highly discriminatory and leading to poor outcomes.

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

We need to remove barriers to Deaf people becoming Teachers of BSL, tutors of BSL Equality Training, and becoming Deaf BSL Translators. We also ned to encourage the speedy training of BSL interpreters to address the chronic shortage of interpreters in Wales. A new BSL Futures type initiative is much needed.

Question 16: Anything else?

We must get an Act - if Welsh Government continue to oppose it will be seen as abject failure.