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: Comisiynydd Plant Cymru | Evidence from: Children’s Commissioner for Wales
Dear Mark Isherwood,
I am writing in response to the Consultation on the proposal for a British Sign Language (BSL) (Wales) Bill. From my engagement work with deaf children and young people, I understand the barriers for them in accessing equitable public services and having their views listened to. I welcome the proposal for legislation which aims to improve access to education, health, and public services for deaf individuals, with a particular focus on supporting children and their families. As an advocate for the rights and inclusion of deaf children and young people, I would strongly support a children’s rights approach to developing a framework which fosters equality and inclusion.
The United Nations Convention on the Rights of the Child (CRC) and the UN Convention on the Rights of Persons with Disabilities (CRPD) highlight the need for children to access education and services equitably and in a manner that respects their language, culture, and communication needs (Article 2 and Article 30 of UNCRC; Article 5 of UNCRPD). For deaf children, British Sign Language (BSL) is a critical part of their identity and can enable access to their rights. This bill would affirm the rights of deaf children to have access to education, to use BSL in public services, and have the opportunity to share their views (Article 12 of UNCRC; Article 7 of UNCRPD).
When I met with deaf young people, they shared with me that they are often unable to share their views on important issues as the settings/ feedback mechanisms aren’t accessible via BSL. This is something my office is keen to improve upon and we are actively exploring ways to ensure our engagement tools such as our Advice and Assistance service and our Monthly Matters survey is more accessible for BSL users. The views of deaf children and young people are vital to the development of this Bill, and this should be considered as matter of priority as this is progressed.
Deaf young people also told me about the barriers they face in accessing public services including youth services, and advice services, due to the lack of BSL interpreters available to support access to these services. The young people I met at Cardiff Cool Deaf Youth Club told me that that was one of very few accessible youth clubs in Wales. They also told me about how a lack of understanding e.g. from bus drivers can further impair their ability to travel independently. As a result, they often cannot independently access services and rely on parents or family members.
As identified within the consultation document, the educational attainment of Deaf learners is lower compared to hearing children. All children have the right to an education which meets their individual needs (UNCRC, article 28 & 29), and it remains a concern that these rights are not being met for Deaf learners. This proposal would present opportunities to improve the educational attainment of Deaf learners and improve their access to fundamental rights as set out within the UNCRC. I remain disappointed with the decision to suspend the BSL GCSE, about which I wrote to Qualifications Wales and the Welsh Government to express my concern, asking what assessment has been done of Deaf children’s rights and needs in making the decision. The responses I received assured me that this decision would have limited impact on deaf learners, and pointed to ongoing challenges within the workforce, limiting capacity to teach BSL. However, I will continue to press on this issue.
In regards to monitoring and accountability, I would support the notion for there to be a role to champion and promote the Act, however feel further consideration should be given to the mechanism for this. I am unsure if developing the role of a Commissioner would be the best option for this proposal and would welcome further discussions about how the implementation of this can be championed and monitored via alternative methods. With reference to a BSL advisory panel, I would urge you to consider how children and young people can be represented on this panel, and how their voices can be heard (UNCRC, article 12).
In order to assist with the next steps of this Bill, I would encourage you to work with the Senedd Commission on a Children’s Rights Impact Assessment for these proposals. This will help demonstrate the importance of the case for change and the positive impact that such proposals can bring for this group of children, as well as ensuring that Welsh Government are clear on the children’s rights that are negatively impacted by the gaps in provision and support as it stands currently. My office would be happy to support or advise on such a document too.
In conclusion, this bill represents a pivotal step toward ensuring equal opportunities for deaf children and their families. By addressing the barriers to education, health, public services, and the workplace, it could significantly improve the quality of life for deaf children, respecting their language and unique needs. I encourage you to consider the opportunity to further engage with children and young people to hear their views on this matter.
Rocio Cifuentes MBE
Comisiynydd Plant Cymru
Children’s Commissioner for Wales