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The Gaelic Language Bill
Consultation Paper

Section 4: Status of Gaelic

The demand for improved legal status or official recognition stems from concerns over the fragility of Gaelic in Scotland. There have been campaigns to affirm the legal status of Gaelic, so that it can be acknowledged legally as one of Scotland's languages or as an official language of Scotland. Questions over the legal status of the language have created some confusion and have caused uncertainty both for Gaelic speakers concerning their rights to use the language, and for public bodies as to what they might be obliged to do in respect of the Gaelic language.

The Executive is clear that there is official recognition of Gaelic in Scotland, and that Gaelic is a language of Scotland. The evidence for this is that Gaelic is supported by a range of Executive programmes, there is a Cabinet portfolio which includes responsibility for Gaelic and Bòrd na Gàidhlig has been established recently by Executive action. The Scottish Parliament also makes provision for the use of Gaelic in oral and written business.

These measures confer significant status and recognition on the language and culture and provide a measure of official recognition. In addition, in June 2003, in response to a question in the House of Lords, Lord Evans of Temple Guiting said, 'the Gaelic language has . . . official status within the United Kingdom'.

There is also little doubt about the legal status of Gaelic. Reference to the Gaelic language can be found in a number of Acts of Parliament, such as the Standards in Scotland's Schools etc Act 2000, and there would not appear to be any impediment restricting references to Gaelic in UK legislation. The most recent example is in the Communications Act 2003.

The Comunn na Gàidhlig Working Group on Status chose the words 'secure status' to summarise the aim of legislative protection for Gaelic. Their aim was that legislation would consolidate the advances in support for Gaelic activities of recent years and establish the principle of equal validity for the Gaelic language. The term secure status, however, does not readily lend itself to legal definition or interpretation and there has been some uncertainty over its precise meaning.

This draft Bill primarily aims to provide a Gaelic language framework which is practical and not just symbolic. Its intent is to extend opportunities for the use of Gaelic. The Bill will, therefore, establish a body with functions which shall be exercised with a view to securing the status of Gaelic. It is the view of the Executive that this will at the same time strengthen and enhance both the legal status and official recognition of the language. A Gaelic Language Bill in itself is an eloquent statement of the official status of Gaelic.

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