Memorandum submitted by North Wales Police (LCO WL 41)

Proposed Welsh Language LCO

I write on behalf of Association of Chief Police Officers in Wales (ACPO Cymru) in my capacity as the senior police officer with responsibility for police policy on the Welsh language. As such this letter represents the formal view of the whole of the police service in Wales.

ACPO Cymru firmly believes that the National Assembly for Wales should be able to make laws about the Welsh language in Wales. If ever there was a topic which should be formally devolved to the National Assembly then the native language of the country is surely it. We are therefore strongly in favour of this proposed Legislative Competence Order.

Our answers to the specific questions posed by the Committee are as follows:

1. Is the LCO request in the spirit and scope of the devolution settlement?

Yes.

2. Is the use of the LCO mechanism in accordance with the Government of Wales Act 2006?

Yes.

3. Is the use of an LCO more appropriate than, for example, the use of framework powers in a Westminster Bill?

Yes. This method gives the National Assembly full local control over Welsh language law applicable to Wales. It is an entirely suitable topic, and is exactly what the LCO power (itself the will of Parliament) was designed to achieve. Indeed it is difficult to conceive of a more appropriate topic for an LCO than the Welsh language.

4. The extent to which there is a demand for legislation on the matter(s) in question?

There is no doubt in our mind that a revision of Welsh language law is needed to take full account of modern circumstances. The National Assembly is now the UK legislature best placed to determine the modern legal framework for the Welsh language.

5. To what extent might the transfer of functions proposed have wider implications for the UK budget?

ACPO Cymru has no opinion on this question.

6. To what extent might the transfer of functions impact on reserved functions?

ACPO Cymru has no opinion on this question.

7. Are there any cross-border issues relating to the LCO? (Would legislation subsequently be required in England?).

ACPO Cymru has no opinion on this question.

8. Would the proposed LCO necessitate the formation or abolition of Welsh institutions and structures? If so, where does the legislative competence to exercise such changes lie?

ACPO Cymru does not believe that the proposed LCO creates any need to form or abolish Welsh institutions or structures. A subsequent Measure might do so - but this would of course be a matter for the judgement of the Assembly, which is of course the whole point of the LCO. As a non-devolved service it is perhaps worth restating our strong support for the principle of Welsh self-determination on an issue as directly relevant to Wales as her own language.

April 2009