Language group says report into watchdog is ‘whitewash’
AN INDEPENDENT review of a complaint against the Welsh Language Commissioner has concluded that Commissioner Aled Roberts is acting within the law and in accordance with the organisation’s policies.
But the review’s publication has been described as an attempt to divert attention from legitimate complaints about his conduct, according to the Welsh Language Society, Cymdeithas yr Iaith Gymraeg.
Cymdeithas yr Iaith raised concerns last year that Mr Roberts had investigated fewer than 40% of the complaints received by his office about Welsh-language services – close to half his predecessor’s level.
The group alleged that the commissioner had introduced new pre-investigation practices which meant that he was opening fewer investigations.
They claimed that this was contrary to the Welsh Language Measure, ambiguous and contrary to the commissioner’s enforcement policy.
Cymdeithas yr Iaith also complained that the commissioner was not using civil penalties and claimed Eluned Morgan MS, Minister for International Relations and the Welsh Language, had influenced the commission’s actions.
An independent review was conducted by lecturer in law Rhianwen Roberts, a former independent law subject expert for the Welsh Government and a former UK independent expert on legal policy in European Commission studies.
Her review concluded that the commissioner was acting in a transparent manner and that Cymdeithas yr Iaith Gymraeg’s complaint was unfounded.
The report confirmed it was a matter within the commissioner’s discretion as to which options to take when there was a failure to comply with Welsh-language rules – and that he had not introduced new pre-investigation practices.
It also concluded that the number of investigations carried out by the commissioner was not low.
Ms Roberts said in her report:
“In my view, it is not helpful, under current legislation, to focus on a term such as ‘early resolution’; rather, it is the power of the commissioner to exercise his discretion and functions within the Measure, which has been interpreted by the tribunal in previous cases.
“What that means is that the commissioner has the right to use his discretion when deciding whether to open an investigation. It is also a matter of discretion for the commissioner which option(s) to take when there is a failure to comply with a relevant requirement, and whether or not to impose a civil penalty.”
When considering the number of cases opened, the independent review’s author also referred to the number of investigations in 2018 being unusually high, making the 2019 figures appear low.
The report concluded that Cymdeithas yr Iaith’s Grwp Hawl (Rights Group) did not fully understand the provision of the law in the Welsh Language Measure.
The report added: “Without this understanding, it appears to me from the tribunal’s decisions that conducting disproportionate investigations increases the risk of constraining the commissioner and his office from operating effectively and efficiently in the promotion and facilitation the use of the Welsh language.”
The review recommended that the commissioner should publish a summary of the tribunal’s guidance on his website, providing examples of factors that may be appropriate for the commissioner to consider when deciding whether to open an investigation.
Mr Roberts said: “I welcome the independent review, which has concluded that I am acting appropriately.
“I have already taken on board the recommendation directed towards myself and with regard to the complaint itself.
“I will be meeting with Cymdeithas yr Iaith to discuss the report in full over the coming weeks.
“I am eager that we now focus our efforts to ensure that the rights of individuals to use the Welsh language are upheld and to reinforce the public’s confidence in my role. I shall investigate failures when it is reasonable and proportionate to do so.”
After the publication of the review, Bethan Ruth, national chair of Cymdeithas yr Iaith, said: “This report, which was prepared for the commissioner, is an attempt to whitewash his conduct.
“It shows clear bias – one example is to respond to the claim that Aled Roberts was not holding enough investigations by counterclaiming that it was, in fact, his predecessor Meri Huws who had been holding too many, a conclusion that requires some imagination.
“We feel it’s a shame the new commissioner is focusing his energy on defending his poor record rather than defending the language rights of the people of Wales.
“We’re astounded the commissioner has decided to release this report to the press before the process has been concluded.
“This is just one step in the process, so it’s inappropriate for the commissioner to release the report. This is an unfortunate mistake... and we will be appealing against the verdict.”
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