Western Mail

Language group says report into watchdog is ‘whitewash’

- ROBERT LLOYD Print content editor robert.lloyd01@walesonlin­e.co.uk A copy of the full report can be found at www.comisiynyd­dygymraeg.cymru

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.”

 ??  ?? > Welsh Language Commission­er Aled Roberts
> Welsh Language Commission­er Aled Roberts
 ??  ?? > Bethan Ruth
> Bethan Ruth

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