Scottish Languages Bill: business and regulatory impact assessment

Benefits

Option 1 – Do nothing

No benefits were identified if nothing was done. Each of the key commitments was a response to an ongoing public demand for change in their respective areas. This was reinforced by the submissions to the public consultation. Doing nothing would have represented a missed opportunity for significant reform to the support received by Gaelic and Scots.

Option 2 – Non-regulatory changes

The degree of action required on behalf of Gaelic and Scots meant that non-regulatory changes would not be sufficient to fulfil the commitments made to both languages. As explained elsewhere, the existing support for Gaelic would have allowed individual documents to be updated to provide greater support for the language.

For example, the Gaelic Language (Scotland) Act 2005 enables Bòrd na Gàidhlig to produce statutory guidance on Gaelic education. However, just updating this guidance would fall short of the stated aim of developing a new strategic approach to Gaelic medium education. It also would not allow for the steps taken within the Bill to further normalise Gaelic education as part of Scotland's general education provision, with a consequent duty for Scottish Ministers and education authorities to promote and support it or consider it when assessing ELC needs.

The same act also enables Bòrd na Gàidhlig to produce statutory guidance on Gaelic Language Plans. While this guidance could be strengthened, such an udpate would fall short of the steps taken in the Bill to allow for the establishment of areas of linguistic significance. Such a measure is necessary to fulfil the Scottish Government's commitment to allow for more localised, community based approaches to Gaelic development which was contained within the proposal to explore the creation of recognised Gàidhealtachd areas within Scotland.

The lack of existing legislative recognition for Scots meant that non-regulatory changes would neither meet Scottish Government commitments to the language nor the expectations of its speakers.

Option 3 – Legislative change

In giving official status to Gaelic and Scots as languages of Scotland it will enhance their standing in public life. For Gaelic it also recognises the advancement made by the language since the passage of the 2005 Act.

The measures outlined for Gaelic education are necessary amendments to a system of schooling which has grown significantly since its introduction in 1985. They will allow for a more consistent provision of GME across Scottish local authorities, easing the burden on education staff and reducing inequalities of access for pupils and parents/guardians.

Making possible the designation of areas of linguistic significance allows for policies which reflect the needs of individual Gaelic communities while maintaining Gaelic's status as a national language for all of Scotland. It also acknowledges a public demand – articulated in the consultation as well as in public debate – for Gaelic policy to cater to the circumstances of individual communities and give those communities greater agency in its direction.

Replacing the current system of Gaelic language planning with that proposed within the Bill will ease the burden on Bòrd na Gàidhlig, give the development and monitoring of Gaelic language plans greater authority and enable a more proportionate approach to Gaelic provision.

The action taken on behalf of the Scots language ensures that it also receives legislative recognition and support for the first time. This will enhance the standing of Scots in different aspects of Scotland's public life – most notably education.