Scottish Languages Bill: business and regulatory impact assessment

Objective and Rationale

Gaelic medium education (GME) was first established in 1985 within a legislative framework derived from the Education (Scotland) Act 1980. This has since been augmented by other Acts – most notably the Schools (Consultation) (Scotland) Act 2010 and the Education (Scotland) Act 2016. In this time GME has grown to become a successful minority sector within the wider Scottish state school system. The most recent figures for 2022/23 shows that 5,533 pupils attend GME between primary and secondary across 16 local authorities. That figure is complemented by the 6,490 pupils who receive Gaelic learner education (GLE) at both levels across nine local authorities.^[1] However, the maintenance and future growth of both GME and GLE face challenges ranging from insufficient early learning and childcare provision to teacher shortages and a lack of extracurricular opportunities for language use. The commitment to establish a new strategic approach was made in response to these issues and the public debate surrounding them. The provisions relating to Gaelic education within the Bill have been informed by the public response to this commitment through the consultation as well as discussions with colleagues within the Scottish Government and public bodies involved in education.

Since the passing of the Gaelic Language (Scotland) Act 2005 ("the 2005 Act") it has been a key aspect of Gaelic policy that it is a national language for all of Scotland. However, in the generation since the 2005 Act, there has been an increasing recognition of the need for policies catered to the individual communities and networks which speak the language. There is also a desire for local organisations to have a greater involvement in the development and implementation of language policy. The commitment to explore the creation of official Gàidhealtachd areas was made in response to that. The term Gàidhealtachd – unlike the Irish equivalent Gaeltacht – has a precise territorial meaning in Scottish Gaelic, equivalent to "the Highlands" in English. Therefore in taking this commitment forward in the Bill the term has been replaced with the phrase "areas of linguistic significance", in response to consultation feedback. The Bill makes it possible for local authorities to designate areas of linguistic significance within their local authority areas where Gaelic has particular strength. This will enable more proportionate delivery on behalf of the language within particular communities.

Bòrd na Gàidhlig was created through the 2005 Act. Its remit has been to serve as the national body for the promotion of Gaelic, to develop and implement the National Gaelic Language Plan, and to monitor and enforce the implementation of the individual public body plans that are produced within the National Plan. It also produces statutory guidance for both Gaelic Language Plans and Gaelic Education. The Bill introduces provisions which transfer some aspects of Bòrd na Gàidhlig's current role to Scottish Ministers. Among these will be placing a duty on Scottish Ministers to produce a Gaelic Language Strategy in place of the current National Gaelic Language Plan. Scottish Ministers will also produce statutory guidance on Gaelic Language Plans and standards and regulations which determine the level of provision public bodies must make for the language.

The measures relating to Scots are the newest policy measures introduced by the Bill. The Scottish Government has had a Scots policy since 2015. However, until now, the language has not received legislative support or recognition. The Bill seeks to improve the support for Scots across Scotland's public sector and within its school curriculum. This is in response to an increasing demand among Scots language activists and speakers for it to have greater standing in public life. Scottish Ministers will have a duty to prepare a Scots Language Strategy as well as secondary legislation for the language.

The Scottish Languages Bill delivers on ministerial commitments. It also has the potential to make a significant contribution to the National Performance Framework Purpose and the following National Outcomes.^[2]

• Communities: We live in communities that are inclusive, empowered, resilient and safe.
• Human Rights: We respect, protect and fulfil human rights and live free from discrimination.
• Culture: We are creative and our vibrant and diverse cultures are expressed and enjoyed widely.
• Economy: We have a globally competitive, entrepreneurial, inclusive and sustainable economy

Gaelic and Scots operate in a wide range of sectors including education, the arts, media and more – contributing to success in the country, providing opportunities, increasing the wellbeing of people living in Scotland, reducing inequalities and creating sustainable and inclusive growth. Supporting Gaelic and Scots through the Bill has the potential to have this impact in areas of low population. There is also an increasing recognition of the economic contribution of Gaelic. This is seen in the impact studies commissioned by various Gaelic initiatives such as the Royal National Mòd^[3], bodies like MG Alba^[4] and the research into Gaelic economies produced by organisations such as Highlands and Islands Enterprise^[5] and Glasgow City Council^[6].

In this regard, an important document in the formulation of the Scottish Languages Bill is the Report of the Short Life Working Group on Economic and Social Opportunities for Gaelic.^[7] This Short Life Working Group was formed by the then Finance Secretary Kate Forbes in March 2022 as part of the National Strategy for Economic Transformation (NSET). Its remit was to consider the ways in which the wider economy could benefit Gaelic and the ways in which Gaelic was an asset to the wider economy. The report was published in June 2023 and its ideas have shaped aspects of the Bill, especially the measures relating to areas of linguistic significance.