Alison Bryan & Rob Wilks: Wales at a Crossroads: The Welsh Government’s Opposition to the BSL (Wales) Bill (BSL)

To watch the BSL translation of this article by Helen Foulkes, press play below, or scroll down to continue in English:

Mark Isherwood is the Conservative Member of the Senedd (MS) for North Wales and is well known by the deaf community in Wales for his tireless work to introduce a BSL Act in Wales. He chairs the Senedd Cross-Party Group on Deaf Issues and is deaf himself.

Mark put forward Motion NDM7478 for the Senedd to debate a legislative proposal for a Bill that would make provision to encourage the use of BSL in Wales and improve access to education and services in BSL. It was passed in the Senedd with a comfortable majority on 24 February 2021. With the Welsh Government not taking any action, Mark put forward a second motion which again was debated and passed by the Senedd on 7 December 2022. It was clear that the Welsh Government, led by the Welsh Labour Party, had no appetite to introduce a BSL Bill for Wales, and this could only happen if an MS introduced a Member Bill.

In April 2024, Mark finally won the Member Bill ballot and introduced a proposal for a BSL Bill to the Senedd on 19 June 2024. Such was the shock of the deaf community in Wales when 16 Labour MS voted against the Bill. They had expected overwhelming cross-party support as with the BSL (Scotland) Act 2015 and the BSL Act 2022 in Westminster. Northern Ireland is currently on course to introduce BSL legislation.

The BSL community in Wales are at loss as to why 16 Labour MS voted against the Bill proposal putting Wales at risk as being the only nation in the UK not to have a BSL Act.

According to the World Federation of the Deaf, 77 countries around the world have achieved sign language legislation. The Convention on the Rights of Persons with Disabilities, which Wales is obliged to comply with, expects state parties to accept and facilitate the use of sign language, recognise and promote the use of sign language, and facilitate the learning of sign language and the promotion of the linguistic identity of the deaf community . Many BSL signers in Wales believe the most effective way to achieve this is through legislation for a BSL (Wales) Act.

The First Minister Vaughan Gethin MS made a clear commitment in his leadership manifesto to:

‘Push for a Wales that strives for the rights and equality of all disabled people by continuing to assess the feasibility of implementing the UN Convention on the Rights of Disabled People into law.’

Vaughan Gethin did not vote on 19 June 2024, official records show, and the reason why is not known. Traditionally Government Ministers will abstain from voting on Members Bills, but others did so on this occasion. There is a clear opportunity here for the Welsh Government to put their full support behind the BSL (Wales) Bill.

Lesley Griffiths MS, Cabinet Secretary for Culture and Social Justice of Wales, stated that there is no need for a BSL Act in Wales because:

‘Our Disability Rights Taskforce brings together people with lived experience, Welsh Government policy leads, and representative organisations. The Taskforce’s 10 thematic working groups have over 550 group members, including disabled people, parents and carers, and policy leads.’

A Freedom of Information (FOI) request shows that only one representative from an organisation that knows BSL was invited, which means out of the 550 group members only one potentially knows BSL. The 449 other representatives are likely to have no knowledge of BSL. This would be equivalent to 550 people discussing how the Welsh language can be promoted where only one person is fluent in Welsh. This is not a meaningful collaborative approach.

The FOI request clearly shows that very little discussion or meaningful outcomes or actions have been undertaken to resolve the issues facing BSL signers in Wales today. BSL signers are experiencing barriers in all areas of public services from health to social care to work.

The Welsh Government’s Locked Out report only refers to BSL with respect to broadcasting and social media access and totally ignores other barriers BSL signers experience in accessing public services and health services expecting family or friends to help, shirking their reasonable adjustment duties under the Equality Act 2010.

The report also recommends that the representation of disabled people in decision-making needs to be improved, which is clearly not happening for BSL signers in the Disability Rights Taskforce. A BSL (Wales) Act would ensure there is an advisory board of BSL signers who would advise the Welsh Government on the most cost-effective approach to improve services for BSL signers. For too long decisions for BSL signers have been taken by non-BSL signers which invariably has caused poor decision-making and wasting of taxpayers’ money.

Lesley Griffiths stated:

‘A collaborative and inclusive approach is more effective than legislation, which often does not go far enough and does not engage the right people. But whilst I fully appreciate the intention behind this proposed Bill, I do not think it is needed.’

This begs the question why there is legislation for the Welsh language, such as the Welsh Language (Wales) Measure 2011. If the Welsh Government’s position is that legislation is not the most effective way, what is the point of the Senedd’s law-making powers? In any case, the issues facing BSL signers in Wales are similar, if not the same, as the issues facing Welsh language speakers.

The Labour Party has a proud history of being the party for social justice and equality for minority groups. Historically, Welsh Labour has been at the forefront of pushing equality for BSL signers, formally recognising BSL as a language of Wales in 2004. They have also produced various policies and guidance of the standards public services should adhere to. However, the reality is that BSL signers in Wales continue to experience more barriers and frustration since the Covid pandemic and are continuously let down by public services. BSL signers believe this will continue unless BSL has the protection and support that the Welsh language enjoys.

Stuart, a BSL signer from Cardiff, said:

‘Watching the speech from Senedd gallery, the Cabinet Secretary, Lesley Griffiths; I could not believe my eyes watching the BSL/English Translation.

I disagree 100 percent, we do need a BSL Wales Act. The BDA Wales Government Audit is evidence from the Deaf Community in Wales. This has shown a range of services are not fully accessible to Deaf people whose first or preferred language is British Sign Language.

The Disability Taskforce is not the answer especially for those who do not experience every day barriers linked to communication as a result of being Deaf. They have not once brought up BSL but this doesn’t surprise me. The other disabilities take priority over the Deaf Community.

I am very disappointed and devastated at the lack of the support from the Wales Government and Labour Members of the Senedd.’

The proposed BSL (Wales) Act aims to work closely with the Well-Being of Future Generations (Wales) Act (WFG) following the same reporting cycle to minimise the additional reporting burden on public bodies. No published WFG reports to date have made any reference to BSL. This means that BSL signers are left behind and the consequences of this are significant, leading to increased mental health issues for BSL signers and their families.

A BSL Act with the right people gathering clear evidence and providing practical cost effective solutions is the only way BSL signers can experience a more equal Wales.

It currently does not feel we have a government committed to equality for BSL signers. Instead, we have a government who is ignoring our views and there is a lack of inclusion and co-production in the political process. We are reminded of the famous quote from George Orwell’s Animal Farm: “All animals are equal, but some animals are more equal than others.”