FAQs - Policy Making Standards: Consultation Documents

A document that asks a stakeholder to consider and respond to proposals in relation to a policy decision. 

The Welsh Language Standards Regulations define a "policy decision" as any decision a body makes about:

• exercising its functions
• conducting its business

It's an incredibly broad definition, and it's not limited to written documents called "policies". Examples may include:

• content of legislation
• exercise of statutory power
  • decision to sell a leisure centre
  • decision to close a hospital ward
• policy statements
  • street name policy
  • social media policy
• strategy or strategic plan
  • corporate plan
  • local development plan
• internal structure
  • governance processes
  • office location

A "conscientious effort"[1] must be made to consider the impact of the decision on the Welsh language. The threshold for “conscientious effort” depends on the circumstances and more must be done:

- in a sensitive or significant area in terms of the Welsh language

- as the number and/or impact of the possible effects on the Welsh language increases

- if there is a local policy or guideline (e.g. in the field of education or planning) requiring an assessment of possible effects on the Welsh language

It is more likely that a “conscientious effort” will be made if a wide range of impacts are considered.

It is not sufficient to include a series of factual, general statements about the Welsh language (e.g. number and % of Welsh speakers in the area, information about Welsh-medium schools, the body's expenditure on the Welsh language etc.). That is not equivalent to considering the possible effects of the specific decision in question on the Welsh language.

[1] Welsh Language Tribunal decision in the case of Neath Port Talbot Council v Welsh Language Commissioner

Three types of impact need to be considered:

-             Positive

-             Neutral

-             Adverse

Direct and indirect effects on the Welsh language must also be considered (e.g. if a decision is made about English-medium education, it must be considered whether that will affect Welsh-medium education).

The types of factors that can be considered include

-             the number of Welsh speakers (in a specific area, sector or group)

-             use of Welsh language services

-             social use of the Welsh language

-             the economic and cultural infrastructure of Welsh speaking communities

-             opportunities to learn Welsh

Further examples of the factors that should be considered are available here.

No. A consultation document must "consider" the impact of the proposals on the Welsh language. In order to do that, enough information must be included in the consultation document so that stakeholders can consider and respond intelligently to the proposals. It is not acceptable to transfer the burden of identifying the effects of the proposals on the Welsh language to stakeholders.

In addition, the consultation document must "seek the views" of stakeholders. That can be done by asking specific questions in the document that require a response.

Yes. The assessment can be included in the body of the document or as an appendix to it. If including the assessment as an appendix, attention should be drawn to that fact.

Yes. It is not possible to postpone the consideration given to the potential impact of proposals on the Welsh language until the end of the consultation period. That would be contrary to the purpose of these standards which require it to be taken into account at the start of the consultation process.

It is possible that the consultation will highlight effects that the body has not thought about the start of the consultation process, and those effects should be considered as the process of making the decision goes on, but that does not exclude the body from giving conscientious consideration at the start of the process.

No it isn't. A 'consultation document' and a 'consultation report' are two separate documents. The purpose of the standards is to ensure that appropriate consideration is given to the Welsh language while the proposals are in a formative phase. A 'consultation report' is a document that is created after the consultation process has ended, and where decisions are taken, and is therefore not relevant to these standards.

These standards relate to the publication of a consultation document and not to other methods of consultation or engagement such as public meetings, face-to-face interviews, call-in sessions etc. However, if documents are shared at events like this that require a stakeholder to consider and respond to policy proposals, then these standards apply to those documents.

In addition, mainstreaming the Welsh language into other consultation or engagement exercises is good practice, and will help organisations to comply with other policy making standards.

Further guidance is available by following the links below:

• Code of Practice for the Welsh Language Standards Regulations (No. 1) 2015[1]
• Policy making standards - good practice advice document
• Consultation documents seminar
• Policy making standards seminar
• Judgment of the Welsh Language Tribunal: Neath Port Talbot Council v Welsh Language Commissioner
• Welsh Language Tribunal Judgment: Swansea Council v Welsh Language Commissioner

[1] No code of practice for other sets of Welsh language standards regulations have been published yet, but the content of this code is relevant to other bodies that are subject to the same duty in other regulations.