Prof Robert Dunbar The University of Edinburgh SCOTLANDS LANGUAGES Historically a multilingual country Pictish Brythonic Old Welsh Old Irish Gaelic c 5th century Anglic dialects Scots c 6th century Old Norse c 9th century Norman French Latin ID: 592033
Download Presentation The PPT/PDF document "LANGUAGE LAW IN SCOTLAND: THE (ALMOST) I..." is the property of its rightful owner. Permission is granted to download and print the materials on this web site for personal, non-commercial use only, and to display it on your personal computer provided you do not modify the materials and that you retain all copyright notices contained in the materials. By downloading content from our website, you accept the terms of this agreement.
Slide1
LANGUAGE LAW IN SCOTLAND: THE (ALMOST) INVISIBLE MAN
Prof. Robert Dunbar
The University of EdinburghSlide2
SCOTLAND’S LANGUAGES
Historically, a multilingual country
Pictish, Brythonic (Old Welsh); Old Irish (Gaelic), c. 5th century; Anglic dialects (Scots), c. 6th century; Old Norse, c. 9th century; Norman French; Latin
By 11th century, Gaelic is dominant, but is slowly displaced from ‘Lowlands’, where Scots becomes dominant
From 17th century, English is ascendent; 2011, 98.5% of Scotland’s 5.1 million people speak English ‘very well’ or ‘well’
No history of language legislation (except to suppress indigenous forms), except relatively recent initiatives for GaelicSlide3Slide4Slide5
LINGUISTIC CONTEXT: GAELIC
Overall long-term decrease in numbers of speakers
: 1891:,255,000 speakers, 6.3%; 2001:,59,000, 1.2%; 2011:,57,400, 1.1%, with another 23,400 who understand it
Weakening in the ‘Heartlands’ (Outer Hebrides): 1991, 19,700, 69.1%; 2001, 15,800, 60%; 2011, 14,000, 52.2%
Ageing population
(though stabilising in younger age groups according to 2011 census)
Low rates of literacy
: 66.9% of speakers read, 56.1% write it
Very low concentrations of speakers outside ‘Heartlands’, but make up the bulk of speech community (2011: 75.5% outside Outer Hebrides, 48.5% outside historic ‘Highlands’); however, 25,000 (43%) claim to speak it at homeSlide6
Gaelic: retreat of the languageSlide7
Gaelic in Scotland, 2001Slide8
LINGUISTIC CONTEXT: SCOTS
In 2011, a census question on Scots for the first time
1.54 million (20%) claimed to speak Scots, a further 267,000 claim to understand it; fully 1.9 m (38%) claim some ability in Scots
Highest concentations in Shetland (48.9% speak it), Aberdeenshire (48.7%), Moray (45.2) [both in north-east]; City of Aberdeen, 76,000 (35.6%)
Only 53,000 claimed to speak Scots
at home (3.4%)Slide9
POSITION IN LAW TO 1998 (1)
Crofters’ Holdings (Scotland) Act 1886; Crofters’ Commission, Scottish Land Court (Scottish Land Court Act 1993)
Education (Scotland) Act
1872; however, ‘Gaelic Clause’ in 1918 Act,
1980
Act,
Grants for Gaelic Language Education (Scotland) Regulations 1986
Local Government reorganisation: Western Isles Council, 1975 (‘Comhairle nan Eilean’); now Comhairle nan Eilean Siar (Local Government (Gaelic Names) (Scotland) Act 1997Slide10
POSITION IN LAW TO 1998 (2)
Gaelic (Miscellaneous Provisions) Bill 1980
British Nationality Act 1981
Taylor v. Haughney
[1982], confirms that Gaels have effectively no right to use Gaelic in court
Road Traffic Regulations Act 1984
Broadcasting Act 1990: Gaelic Television Fund, Gaelic Television Committee (Comataidh Telebhisean Gàidhlig, CTG)
Broadcasting Act 1996: Gaelic Broadcasting Committee (Comataidh Craolaidh Gàidhlig, CCG)Slide11
POSITION IN LAW TO 1998 (3)
Comunn na Gàidhlig (CNAG) proposals for language legislation: ‘Inbhe Thèarainte’ (Secure Status), 1997, 1999
Gaelic as an ‘official’ language; also, a national language: no explicit recognition of a ‘
Gàidhealtachd
’
Right to GME at primary, secondary level where there is ‘reasonable demand’ (Canada)
Public bodies to prepare Gaelic policies, with ‘sliding scale’ of commitments (Wales; but also ECRML, Canada?)
Right to use Gaelic in all courts, tribunals (Wales, Canada)
Gaelic Language Advisory Board (Wales)
Office of the Gaelic Language Commissioner (Canada)Slide12
POSITION POST-1998 AT WESTMINSTER
Under Devolution (1999, based on Scotland Act 1998), Westminster retains sole authority for Broadcasting, Human Rights, Equality, Constitutional Matters
Ratification of European Charter for Regional or Minority Languages (Council of Europe), 2001: Gaelic and Scots recognised; Gaelic receives protection under Part III
By Act of Court in 2001, Gaelic can be used in civil proceedings in 3 Sherriff Courts (Hebrides)
Communications Act 2003: Gaelic Media Service (now MG ALBA); results in creation of a TV service, BBC ALBA
Parliamentary Constituencies (Scotland) Order 2005: ‘Na h-Eileanan Siar’Slide13
IMPACT OF DEVOLUTION (1)
Scotland Act 1998: a Scottish Parliament with significant law-making powers; no reference to Gaelic, Scots, though Standing Orders permit use of Gaelic in parliament, committees
Standards in Scotland’s Schools etc. Act 2000: annual reporting requirement re: provision of Gaelic education, Gaelic as a ‘national priority’, requiring annual statement of ‘improvement objectives’, but amendment to create a right to GME rejectedSlide14
IMPACT OF DEVOLUTION (2)
Gaelic Language (Scotland) Bill 2002 (the ‘Russell Bill’)
Passed Stage 1; died when Scottish Parliament rose in March 2003
All public bodies to prepare a Gaelic language plan within 2 years ‘on basis of equality’ (Wales); however, only public bodies operating in the ‘Highlands’
No education rights
(and no other rights to be created)
; nothing re: courts, no reference to status; no board nor commissionerSlide15
GAELIC LANGUAGE (SCOTLAND) ACT 2005
Heavily influenced by Welsh Language Act 1993; 2003 Irish legislation
also
considered
Ambiguous reference to Gaelic as ‘an official language of Scotland commanding equal respect’ to English
Creates a language board:
B
òrd
na
Gàidhlig
(BnaG)
Gaelic language plans to be required, approved by
BnaG
;
BnaG
to produce statutory guidance as to content
A National Gaelic Language Plan
(renewed every 5 years)
BnaG
has very
limited enforcement powers
No rights, and no explicit (and perhaps no implicit) role for the courtsSlide16
EFFECTS OF LEGISLATION: ‘TOO EARLY TO TELL’
What sorts of effects?
(1) Changes in public authority practices (actual implementation of plans): research needed; but discouraging signs
(2) Changes in language practices in other institutions: research needed; little hard evidence, but some positive notes?
(3) Changes in language practices of Gaelic users
viz
public bodies with plans (e.g.
t
ake
up of services): research needed; no hard evidence
(4) Changes in language practices of Gaelic users more generally: research needed; no hard evidence
(5) Changes in language practices of non-Gaelic users (e.g. Attitudes, acquisition; ‘Catherine Wheel’ effects
(6) Dynamic policy changes of Government, public sectorSlide17
IMPACT OF SNP RULE (2007- )
Implementation of existing legislation and policy initiatives, and some additional funding, but no new legislative developments or significant changes in policy
MG ALBA—BBC agreement re: a Gaelic digital channel (2007); BBC Trust approval and launch of service (2008); Freeview access (2011)
SNP manifesto commitment in 2011: explore an ‘entitlement’ to Gaelic-medium education
2009 SG ‘Audit of Current Scots Language Provision in Scotland’, 2010 SG-commissioned study on public attitudes to Scots, but no commitments to legislateSlide18
ISSUES
No application of legislation to private, voluntary sector: how, then, to effect changes in these sectors?
Little legislation on education (one of the main policy tools); would ‘rights’ make much difference?
Dynamic and holistic language planning: synergies between public bodies being achieved?
Sufficient attention to local conditions?
Does general absence of ‘rights’ matter?
Employment of scarce resources: how to make tough choices?
AND, what to do about Scots?