The British Sign Language (Wales) Bill is a Member Bill brought forward by Mark Isherwood MS, who is the Member in charge of the Bill.
The Bill aims to promote the use of British Sign Language (BSL) and ensure the needs of Deaf BSL signers are taken into account when designing and delivering public services.
This article explores some of the key changes made during Stage 2 proceedings for the Bill. It also highlights issues which arose during discussion which may lead to further amendments at Stage 3, due to be held in Plenary on Wednesday 4 March.
You can find more information about the BSL (Wales) Bill on our Bill resource page, and our article on the Stage 1 debate.
A BSL summary of the Bill is available on the Senedd Bill page.
How did the Bill change at Stage 2?
Consultation with BSL signers
The Bill introduces planning and reporting requirements for Welsh Ministers and certain public bodies (including local authorities and health boards).
During Stage 1 scrutiny, both Mark Isherwood MS and the Cabinet Secretary for Social Justice acknowledged that engagement with the BSL signing community would be key to the success of the Bill. However, stakeholders noted there was nothing in the Bill which mandated engagement with Deaf BSL signers specifically, or which set out a framework for co-production.
Mark Isherwood MS therefore tabled amendments which would require Welsh Ministers and listed public bodies to consult with representatives of BSL signers when developing the national BSL strategy and guidance, local BSL plans, and the national progress report. These amendments were agreed.
Expanding the interpreter and translator workforce
In their Stage 1 report, the Committee said the shortage of BSL interpreters and translators was “the single biggest threat to effective implementation of this Bill”.
Many stakeholders giving evidence to the Committee had expressed concern that the Bill would increase demand for interpretation and translation services which are already stretched. The Committee recommended that the Welsh Government take steps to expand the workforce, including setting annual targets for the training and recruitment of BSL interpreters.
Mark Isherwood MS tabled an amendment to this effect, which was backed by the Cabinet Secretary for Social Justice. The amendment would require that the Welsh Government’s BSL strategy include targets to increase or maintain the number of BSL interpreters and translators available for the purpose of exercising functions under the Bill. The amendment was agreed.
Extending duties to other public bodies
The Bill places duties on local authorities, health boards and certain other NHS bodies to develop BSL plans and report on their implementation.
Although stakeholders tended to agree that these public bodies should be prioritised, many also argued the list should be expanded. Some pointed to the barriers that Deaf BSL signers face when accessing public transport and further education, and suggested that duties should be extended to organisations such as Transport for Wales or Medr.
In their report, the Committee recommended that Welsh Ministers should give consideration to whether the list of public bodies with duties under the Bill should be expanded, as part of the development of national progress reports required under Section 7. Mark Isherwood MS accepted this recommendation, and tabled an amendment requiring Welsh Ministers to do so. This amendment was agreed.
Sioned Williams MS withdrew an amendment which would have automatically added five further bodies to the list four years after the Bill receives Royal Assent. She suggested that Mark Isherwood’s amendment might pave the way to providing assurance to Deaf BSL signers that “the scope of the Bill will grow, to reflect the realities of their lives”, and that this could be discussed further at Stage 3.
Other amendments agreed
The Committee agreed other amendments, including:
- adding a definition of BSL for the purposes of the duties set out in the Bill; and
- adding a requirement for guidance issued by Welsh Ministers to be published, and to be issued no later than the date of the publication of the national BSL strategy.
What to look out for at Stage 3
Appointment of the BSL adviser
One of the key issues debated by the Committee relates to the appointment of a BSL adviser. Currently, the Bill would require that the person appointed uses and is able to communicate effectively in BSL.
During Stage 1 scrutiny, the Committee heard from many stakeholders who felt strongly that the person appointed should be a deaf person themselves, in addition to being a BSL signer.
Sioned Williams MS tabled an amendment requiring that the BSL adviser be a deaf person, arguing this would ensure:
“…that they bring not only fluency in BSL, but also that they bring lived experience, allowing them to understand the lives, the frustrations and aspirations of the community directly, and to be able to provide credible leadership and practical advice.”
In response, Mark Isherwood MS said that legal advice from both the Senedd and the Welsh Government was that this provision could fall outside the Senedd’s legislative competence, raising the risk of legal challenge which could derail the progress of the Bill.
However, he said he was exploring the feasibility of including the term “lived experience’ as a requirement for the BSL adviser through an amendment at Stage 3. Sioned Williams MS agreed to withdraw her two amendments in relation to the BSL adviser, to give the Member in Charge the opportunity to explore this further.
Further amendments to be explored
Mark Isherwood MS agreed to work with Members of the Committee on a number of other issues, to explore whether further amendments could be tabled at Stage 3. These included:
- A requirement for the national BSL strategy to include actions to collect information on the use of BSL; and
- Measures to embed the principles of co-production within the Bill.
He also restated his commitment to updating the Explanatory Memorandum for the Bill to clarify complaints processes and routes to recourse for BSL signers.
Next steps
Stage 3 proceedings for the Bill are due to take place in Plenary on Wednesday 4 March, where Members will have another opportunity to amend the Bill.
You can watch the debate live on Senedd TV or read the transcript shortly afterwards.
Article by Gwennan Hardy, Senedd Research, Welsh Parliament
