Scottish Languages Bill: island communities impact assessment

Step One – Develop A Clear Understanding Of Your Objectives

What are the objectives of the policy, strategy or service?

The objective of the Scottish Languages Bill is to strengthen existing support for Gaelic and Scots across a range of sectors in Scottish public life. These primarily lie in education, public sector support for Gaelic, and aspects of community development. The Bill’s provisions build on existing measures with the aim of achieving more efficient progress on behalf of Gaelic and Scots.

Do you need to consult?

The Scottish Languages Bill stems from a number of language related commitments made by the Scottish Government in 2021. These were subject to an extensive public consultation between August and December 2022 and this has provided the basis for the provisions in the Bill. The consultation used a mixture of online and in-person events between island and mainland communities. The Bill’s provisions – especially those regarding Areas of Linguistic Significance – have also been shaped by the Report of the Short Life Working Group on Economic and Social Opportunities for Gaelic. Members of this group represented a cross section of public life in Na h-Eileanan an Iar and Skye.

How are islands identified for the purpose of the policy, strategy or service?

The Scottish Languages Bill follows the Islands Act’s definition of an island as being “a naturally formed area of land that is surrounded on all sides by the sea ignoring

artificial structures e.g. bridges, and is above water at high tide”. While its provisions are applicable to all offshore inhabited Scottish islands the principal focus of this impact assessment is populated islands with significant community and economic activity.

What are the intended impacts/outcomes and how do these potentially differ across the islands?

The intended impact of the Scottish Languages Bill is to provide a more efficient structure for strengthening Gaelic and Scots across Scotland. The intended outcome of this will be an increase in the numbers speaking the two languages. To consider how this intended impact and outcome potentially differs for island communities it is useful to consider the two languages separately.

Gaelic is a language spoken across Scotland. This is borne out by the 2011 Census which showed a near even split between Gaelic speakers in the Highlands and Islands and the rest of the country. It is also shown by the spread of Gaelic medium education (GME) across Scotland, with some of the most important centres of GME provision being found in Glasgow and Edinburgh among other areas. However, the 2011 Census figures also show that the island communities of the three Highland & Island councils – Comhairle nan Eilean Siar, Highland Council, and Argyll & Bute Council – are the parts of Scotland where Gaelic retains the greatest community presence. Based on SNS 2011 Datazones, this can range from the 70-80% returns found for Gaelic speakers in places such as Barra, South Uist and Northwest Lewis to lower but still substantial percentages in other Hebridean communities. Other data categorisations, such as postcode areas, provide even higher returns at a more local level. It is recognised, therefore, that the provisions of the Scottish Languages Bill have the potential to differentially impact these island communities.

Scots is also present across Scottish society. However, it has not acquired the distinct association with island communities which Gaelic has in the modern age. There are, however, some points which should be mentioned. The 2011 Census found that Orkney Islands Council and Shetland Islands Council were among the four Scottish local authorities which had the highest proportion of people for whom Scots was a language of the home. It is possible, therefore, that the Scots provisions of the Bill may have a greater impact on these two local authorities.

The provisions of this Bill are building on policy priorities that are currently in place with the aim of making the new package of measures more effective for the progress that is needed for Gaelic and Scots. The Bill will include a duty on Scottish Ministers to prepare a Gaelic Language Strategy and to prepare Standards for public authority activity, including Gaelic education. As at present, there will be a requirement on Scottish public authorities to produce a Gaelic language plan and in future these plans will take their lead from the Strategy and Standards. The Bill will introduce the possibility of Areas of Linguistic Significance to allow for proportionate delivery. Bòrd na Gàidhlig will have a key role in these new provisions but with both an increased focus on delivery at a community level and reporting on compliance for the above. The Bill will include a duty on Scottish Ministers to prepare a Language Strategy for Scots and to prepare secondary legislation on Scots. Scottish public authorities will now be required to have regard to the Gaelic Language Strategy and Standards in the preparation of their Gaelic Language Plans rather than Guidance on Gaelic Plans. Bòrd na Gàidhlig will report to the Scottish Parliament and to the Scottish Ministers on Gaelic Language Plan compliance and Language Plans and this will supplement the current Bòrd na Gàidhlig monitoring regime. Scottish Ministers will prepare a Scots Strategy which will be supported by provisions for Guidance and Standards for Scots Language education. These will replace the current Scottish Government Scots policy.

Is the policy, strategy or service new?

The Bill’s provisions build on measures currently in place for Gaelic and Scots. It largely demonstrates continuity with the existing legal and policy framework of both languages and seeks to make them more effective. The Bill’s statements on official recognition of both languages build on previous statements to that effect. The provision for Scottish Ministers to prepare a Gaelic Language Strategy is an adaptation of the current duty on Bòrd na Gàidhlig to prepare a National Gaelic Language Plan and placing a duty on Scottish Ministers to prepare Gaelic language standards replaces Bòrd na Gàidhlig’s duty to prepare statutory guidance.

The two areas where the Bill creates new policies are the provisions for Areas of Linguistic Significance on behalf of Gaelic and then the Scots language provisions. However, the latter is something which is also building on an existing Scottish Government Scots language policy issued in 2015.