Scottish Languages Bill: business and regulatory impact assessment

Summary and Recommendation

Option 3 – to bring forward primary legislation – is recommended.

Summary costs and benefits table

Option 1 – Do nothing

Benefit

Benefits were not identified for the option of doing nothing. There is a rising demand within both Gaelic and Scots language communities for greater government action in supporting the two languages. The current Scottish Government was elected on manifesto commitments pledging that action would be taken on behalf of Gaelic and Scots. To do nothing would be a failure to fulfil these commitments.

Costs

The option to do nothing would not incur any additional costs.

Option 2 – Non-regulatory changes

Benefit

Non-regulatory changes could be achieved through a refresh of existing statutory documents relating to Gaelic. As mentioned above, the Gaelic Language (Scotland) Act 2005 contains provisions for Bòrd na Gàidhlig to produce guidance relating to both Gaelic Language Plans and Gaelic education. Both these sets of guidance could have been updated to allow for stronger support of Gaelic by public authorities. However, this was not considered adequate for the range of actions which the Scottish Government committed to for Gaelic.

For Scots, lack of existing legislative support for the language made it necessary to go beyond non-regulatory changes. There is a need to ensure that the Scots language also receives support across the Scottish public sector and within Scotland's schools and legislative change was regarded as the means of achieving that.

Costs

The option of non-regulatory changes would not have incurred any immediate costs.

Option 3 – Legislative change

Benefit

As outlined above, legislative change makes possible the degree of action committed to on behalf of Gaelic and Scots.

The existing system of Gaelic education – both Gaelic Medium and Gaelic Learner – can be more efficiently organised with a greater duty for Scottish Ministers and education authorities to consider its promotion and requirements as part of wider Scottish educational provision.

The replacement of Bòrd na Gàidhlig's National Gaelic Language Plan by a Gaelic Language Strategy prepared by Scottish Ministers will lend greater weight to Gaelic development. Redefining Bòrd na Gàidhlig's role as a monitoring body will enable it to better direct its current resources towards reporting on the implementation of the Gaelic Language Strategy by public bodies. The Bòrd will also have more leeway to support and advise on delivery of the Gaelic Language Strategy at community level.

By allowing local authorities to designate areas of linguistic significance the Bill recognises the need for Gaelic policy to be more shaped by the needs of individual Gaelic communities.

Legislative change also allows for the Scots language to be recognised and supported within law for the first time. Measures enabling the creation of a Scots Language Strategy, standards and regulations and the greater support of the Scots language by education authorities are necessary to match the commitment made by the Scottish Government and the expressed desires of the Scots language community.

Costs

As stated above, the estimated costs for this option are outlined in the Scottish Languages Bill's Financial Memorandum. In terms of costs to the Scottish Administration, costs directly associated with the Bill provisions will be covered by the current staffing resource. Costs to local authorities and other bodies are not wholly new costs or a requirement for wholly new spend but a repurposing of current effort and resources.

In respect of Gaelic, the Bill policy priorities and proposed provisions are building on and streamlining structures that are already in place and required for a sustainable future for Scotland's indigenous minority languages. For example, many Scottish public bodies are already working positively for Gaelic and Scots as part of their usual activity. Powers being taken in the Bill however will allow for greater standardisation through strategies, language plans, standard-setting and statutory guidance and therefore support greater efficiency in public sector spend.

In respect of Scots, although this legislation is the first of its kind, there are also delivery structures in place. In both cases, the provisions of the Bill aim to put in place effective structures for the progress that is needed for Gaelic and Scots.