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The Gaelic Language Bill
Consultation Paper

Section 6: Gaelic Language Plans

The duty to consider, and the encouragement of public bodies to have Gaelic language plans, is a practical step to increase the use and profile of Gaelic. This is similar to the approach in the Welsh Language Act 1993, and in the Republic of Ireland's more recent Official Language Equality Act 2003.

It is intended that this would redress the perceived low profile of Gaelic in Scottish public and official life which leads to its worth being questioned by speakers and non-speakers alike. Gaelic plans for public bodies will contribute to a sustainable future for Gaelic, encouraging and stimulating opportunities for its use and raising the confidence of speakers and learners. The purpose of a language plan would be to facilitate increased public usage of Gaelic, improve the rights of Gaelic speakers to use the language in a wider range of contexts and promote an enhanced profile for the language.

Section 5(1) to (7) requires public bodies in Scotland to determine whether it is appropriate to prepare, publish and implement Gaelic language plans in relation to the services that they offer and the duties they carry out. In making this decision public bodies should have regard to the matters listed in section 5(5). These include the number of Gaelic speakers making use of the services they offer: this was a key concern raised by the Education Culture and Sport Committee in its consideration earlier this year of the Member's Bill. Public bodies should also have regard to representations made to them on the use of Gaelic in relation to their functions and guidance given by Bòrd na Gàidhlig or Scottish Ministers.

Section 5(7) provides that a body must implement the measures set out in their plan. Section 6 provides further information on the roles of Ministers, public bodies and Bòrd na Gàidhlig in preparing Gaelic language plans.

Section 5(2) provides that where a plan is regarded as necessary by a public body then it should be prepared within two years. The plan should be reviewed at least every five years.

It will be possible for some public bodies to decide that a Gaelic language plan is unnecessary. Public bodies that have decided that no plan is necessary will be asked to inform Bòrd na Gàidhlig about that decision, and to review the decision within five years. If the Bord is not satisfied with these reasons they may inform Scottish Ministers of this. Section 7(1) to (5) provides for the review and amendment of a Gaelic language plan. Reporting progress on language planning should feature in the Report required of Bòrd na Gàidhlig by Scottish Ministers in schedule 1, paragraph 9.

Bòrd na Gàidhlig will be given the duty of assisting public bodies in the preparation of their plans under section 3(5) of the draft Bill. Bòrd na Gàidhlig will also be given the duty to prepare guidance on Gaelic language planning for public bodies in Scotland. This guidance must be submitted to Scottish Ministers for approval before publication.

Public bodies will be required to have regard to this guidance in undertaking their duties under the Act. This guidance would identify the relevant factors and criteria a public body should take into account in making this determination including, for example, the proportion of Gaelic speakers, educational value and tourism benefits. Guidance on the structure of plans would also be prepared. Good practice examples could also be included.

These proposals will give Bòrd na Gàidhlig a key role in Gaelic language planning and it should also reassure public bodies that a balanced approach to the guidance will be maintained. In approving the guidance Ministers will ensure that the Gaelic language planning requirements placed on public bodies will not result in excessive administrative procedures. In preparing the national Gaelic language plan and the guidance for public bodies, the Bill also proposes that Bòrd na Gàidhlig should consult all relevant interests. The public bodies to which sections 5 to 8 apply are listed in schedule 2. Sections 5 to 8 apply to the whole of Scotland, and are not restricted to specific geographical areas.

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