Aelodau’r pwyllgor yn bresennol
Committee members
in attendance
|
Peter Black
|
Democratiaid Rhyddfrydol Cymru Welsh Liberal
Democrats
|
Christine Chapman
|
Llafur
(Cadeirydd y Pwyllgor) Labour (Committee
Chair)
|
Janet Finch-Saunders
|
Ceidwadwyr Cymreig
Welsh Conservatives
|
John Griffiths
|
Llafur
(yn dirprwyo ar ran Gwenda Thomas) Labour (substitute
for Gwenda Thomas)
|
Mike Hedges
|
Llafur Labour
|
Mark Isherwood
|
Ceidwadwyr Cymreig Welsh
Conservatives
|
Bethan Jenkins
|
Plaid Cymru The Party of
Wales
|
Gwyn R. Price
|
Llafur Labour
|
Lindsay Whittle
|
Plaid Cymru The Party of Wales
|
Eraill yn bresennol Others in
attendance
|
Nick
Bennett
|
Ombwdsmon
Gwasanaethau Cyhoeddus Cymru
Public Services Ombudsman for Wales
|
Susan
Hudson
|
Rheolwr Polisi a
Chyfathrebu, Ombwdsmon Gwasanaethau Cyhoeddus Cymru
Policy and Communications Manager, Public
Services Ombudsman for Wales
|
Meri
Huws
|
Comisiynydd y
Gymraeg
Welsh Language Commissioner
|
Dyfan
Sion
|
Swyddfa
Comisiynydd y Gymraeg
Welsh Language Commissioner’s Office
|
Chris
Vinestock
|
Prif Swyddog
Gweithredu Ombwdsmon Gwasanaethau Cyhoeddus Cymru
Chief Operating Officer, Public
Services Ombudsman for Wales
|
Swyddogion Cynulliad Cenedlaethol Cymru yn
bresennol National Assembly
for Wales officials in attendance
|
Sarah
Beasley
|
Clerc
Clerk
|
Chloë
Davies
|
Dirprwy
Glerc
Deputy Clerk
|
Rhys
Iorwerth
|
Y Gwasanaeth
Ymchwil
Research Service
|
Dechreuodd y cyfarfod am 09:01.
The
meeting began at 09:01.
|
Cyflwyniad,
Ymddiheuriadau, Dirprwyon a Datganiadau
Introductions, Apologies, Substitutions and Declarations
|
[1]
Christine
Chapman: Good morning,
everyone, and welcome to the Communities, Equality and Local
Government Committee. We’ve had apologies this
morningminsitet from Gwenda Thomas, and John Griffiths will be
substituting. We’ve also received apologies from Alun
Davies.
|
Comisiynydd y Gymraeg: Trafod Adroddiad Blynyddol
2014-15 Welsh Language
Commissioner: Consideration of Annual Report
2014-15
|
[2]
Christine
Chapman: Now, our first
item today is the consideration of the annual report of the Welsh
Language Commissioner. So, I’d like to give a warm welcome to
our panel. I wonder could you introduce yourselves for the record,
to start off.
|
[3]
Ms
Huws: Bore
da. Meri Huws, Comisiynydd y Gymraeg.
|
Ms
Huws: Good morning. Meri
Huws, Welsh Language Commissioner.
|
[4]
Mr
Sion: Dyfan Sion, cyfarwyddwr polisi ac ymchwil.
|
Mr
Sion: Dyfan Sion,
director of policy and research.
|
[5]
Christine
Chapman: Welcome to you
both. Obviously, the Members will have seen the report and so, if
you’re happy, we’ll just go straight into
questions.
|
[6]
I just
want to start off, and if I could ask you what you feel are your
main challenges regarding the results of the 2013-15 language use
survey, and what the main steps are that need to be taken in
responding to these challenges. Obviously, these are things that
the Welsh Government needs to address. So, I just wonder whether
you could outline those to start.
|
[7]
Ms
Huws: Iawn. Diolch yn fawr. A gawn ni jest yn glou atgoffa ein
hunain beth oedd yr arolwg defnydd iaith? Gwnaethpwyd darn o waith
yn ôl yn 2004-06, yn edrych ar arferion a phatrymau defnydd
iaith. Y rheswm dros wneud y darn hwnnw o waith yn y lle cyntaf
oedd bod ffigurau’r cyfrifiad, er yn bwysig, yn fflat
iawn—llun ar un diwrnod yn y flwyddyn, a oedd i fod i
gynrychioli deng mlynedd. Felly, penderfynwyd yn ôl yn 2004 i
wneud y darn hwn o waith, a oedd yn edrych ar pryd a sut yr oedd
pobl yn defnyddio’r Gymraeg, beth oedd yn annog pobl i
ddefnyddio’r Gymraeg, a beth oedd y rhwystrau. Felly,
dyna’r cefndir.
|
Ms
Huws: Yes. Thank you
very much. Could we just very briefly remind ourselves of the
language use survey? A piece of work was carried out in 2004-06,
looking at language use patterns. The reason for carrying out that
piece of work initially was that the census figures, despite being
important, were very flat. They give you a picture of one
particular day of the year, which was supposed to represent a
period of 10 years. Therefore a decision was taken in 2004 to carry
out this piece of work, which looked at when and how people made
use of the Welsh language, what would encourage people to use the
Welsh language, and what the barriers were. So, that’s the
background.
|
[8]
Fe
gytunon ni gyda Llywodraeth Cymru, ryw dair blynedd yn ôl
nawr, fod angen ailredeg yr arolwg hwn er mwyn gweld a oedd
patrymau wedi newid, a hefyd i gasglu’r dystiolaeth gyfoethog
honno ynglŷn â defnydd iaith. A gaf i jest rhoi rhai
o’r penawdau ichi? Rwy’n credu bod y penawdau yn rhoi
rhai o’r heriau a’r cyfleoedd inni. Rwy’n credu,
yn gyntaf, fod yn rhaid inni gydnabod eu bod yn bositif iawn; bod
canran y siaradwyr a niferoedd y siaradwyr yn reit gyson o 2004-06
i nawr. Felly, nid yw’r sôn am ddirywiad yn y niferoedd,
efallai, yn bictiwr teg. Ond, wedi dweud hynny, mae yna rai pethau
sydd yn ddifyr iawn, iawn, rwy’n credu, o ran pwy sydd yn
defnyddio’r iaith. Un o’r penawdau, ac un o’r
heriau mawr, rwy’n credu, sydd yn dod allan o’r arolwg
defnydd iaith yw: os edrychwch chi ar siaradwyr Cymraeg o dair
mlwydd oed i 15 mlwydd oed yng Nghymru heddiw, mae pedwar o bob
pump o’r siaradwyr hynny wedi dysgu’r iaith y tu allan
i’r cartref. Maent wedi dysgu’r iaith o fewn y system
addysg. Mae hynny’n anhygoel, rwy’n credu.
|
We agreed with the
Welsh Government, some three years ago now, that we needed to
re-run this survey in order to see whether patterns had changed,
and also to garner that rich evidence in terms of language use.
Could I just give you some of the headlines? I do think that the
headlines set out some of the challenges and opportunities for us.
I think, first of all, we have to recognise that they are very
positive; that the percentage of Welsh-speakers and the numbers are
relatively consistent between 2004-06 and now. Therefore, when you
talk about a decline in numbers, it is not necessarily a fair
picture to paint. However, having said that, there are some very
interesting facts contained here in terms of who does use the
language. One of the headlines, and one of the major challenges
that emerged from the language use survey is that, if you look at
the number of Welsh speakers between the ages of three and 15 in
Wales today, four in five of those Welsh speakers have learned the
language outside the home. They have learned the language within
the education system. That’s quite incredible, I
think.
|
[9]
Os
edrychwch chi ar y ffigurau am 60 a throsodd, mae pedwar o bob pump
wedi dysgu’r iaith o fewn y cartref. Felly, mae gennym batrwm
yn amlygu ei hunan yng Nghymru lle mae’r system addysg yn
creu siaradwyr—siaradwyr sydd ddim yn gallu mynd adref i
siarad gydag unrhyw un arall o fewn y teulu, ac felly siaradwyr
sydd angen cyfleoedd y tu allan i’r system addysg i
ddefnyddio eu Cymraeg. Felly, mae hynny’n un her, un sialens
y mae’n rhaid inni edrych arni yn ei chyfanrwydd yng Nghymru
a chydnabod bod hynny’n rhywbeth sy’n ein hwynebu
ni.
|
If you look at the
figures for those aged 60 and over, four in five have learned the
language at home. So, we have a pattern emerging in Wales, where
the education system is creating Welsh speakers—Welsh
speakers who cannot go home to converse with anyone else within
their families and therefore they are Welsh speakers who need
opportunities outwith the education system to make use of their
Welsh. So, that is one challenge that we do have to look at
holistically in Wales and recognise that that is a challenge that
we face.
|
[10]
Wedyn, patrwm arall sy’n amlygu ei hunan yw bod
siaradwyr o 16 i 29 yn siarad llai o Gymraeg. Felly, rydym yn creu
siaradwyr yn y system addysg ac rydym efallai yn gweld ychydig o
ddirywiad, wedyn, unwaith maen nhw’n 16. Rwy’n credu,
os ydych chi’n sôn am sialensiau polisi yn y fan yna,
mae angen inni greu cyfleoedd gwaith, lle y gallan nhw ei
defnyddio—wel, mae angen inni fanteisio ar y sgiliau
ieithyddol a sicrhau eu bod nhw’n gallu symud ymlaen i
ddefnyddio’r iaith yn y gwaith. Hefyd, rwy’n credu bod
yn rhaid inni edrych ar ein system addysg bellach ni. A ydy’r
system addysg bellach 16 i 25—sy’n gryf iawn yng
Nghymru; mae traddodiad gyda ni o addysg bellach ym mhob un
o’n cymunedau ni—yn ateb anghenion y darpar siaradwyr
a'r darpar weithwyr?
|
Another pattern
that emerges in the survey is that speakers aged between 16 and 29
make less use of the language. So, we are creating those Welsh
speakers in our education system and then, perhaps, we see
something of a dip when they reach 16 years of age. I do think
that, if you are talking about policy challenges, then we do need
to create opportunities in the workplace so that they can use the
Welsh language—well, we need to take advantage of those
language skills in the workplace and ensure that they can progress
and make use of the language at work. Also, I think we have to look
at our further education system. Is our further education system
for those aged between 16 and 25—which is very strong in
Wales; we have a tradition of further education in all of our
communities—meeting the needs of the prospective Welsh
speakers and prospective Welsh workforce?
|
[11]
Christine
Chapman: Okay. Thank you,
Meri. Obviously, what you’ve outlined—and we will go
into this in more detail, I’m sure—if you’re
looking at the main solutions to this, then, you’re talking
about education, further education, the workplace, but are there
any other steps that we need to address? You’ve outlined the
patterns, but are there any other steps that we need to
take?
|
[12]
Ms
Huws: Mae
addysg yn bwysig iawn. Rwy’n credu, ochr yn ochr â
hynny, mae angen inni edrych ar y demograffi—lle mae ein
siaradwyr ni yng Nghymru. Fe weloch chi’r penawdau yn y
Western Mail, rwy’n siŵr, am y niferoedd cynyddol
o siaradwyr yng Nghaerdydd, yn y Cymoedd dwyreiniol, Rhondda Cynon
Taf, ac felly mae yna sialens polisi arall yn y fan yna, lle
efallai fod yna diwylliant sydd ddim yn cydnabod yn wastad
bwysigrwydd y Gymraeg. Mae yna newid demograffi yn fan hyn, ac
felly newid o ran capasiti a newid o ran anghenion cymunedol.
Rwy’n credu bod angen i ni, wrth inni edrych ar ad-drefnu
llywodraeth leol, wrth inni edrych ar gynlluniau economaidd,
gydnabod nad iaith y gorllewin yn unig yw’r Gymraeg
nawr.
|
Ms
Huws: Education is
hugely important. Along with that, I do think that we need to look
at the demography—where our Welsh speakers in Wales are. You
will have seen the headlines in the Western Mail, I'm sure,
about the increasing numbers of Welsh speakers in Cardiff, in the
eastern Valleys, Rhondda Cynon Taf, and therefore there is another
policy challenge there, where perhaps there is a culture that
perhaps doesn’t always recognise the importance of the Welsh
language. There is demographic change here, and a change in
capacity and a change in the needs of communities. So, I think, as
we look at local government reorganisation, and as we look at
economic plans, then we do need to recognise that the Welsh
language isn’t solely the language of the west of
Wales.
|
[13]
Dyna, efallai, y drydedd sialens sydd yna, buaswn i’n
dweud, sef y dirywiad yn y Gymraeg yn y gorllewin. Mae angen,
rwy’n credu, inni edrych ar yr hyn sydd yn digwydd yn
economaidd—creu swyddi, creu buddsoddiad yng ngorllewin Cymru
i sicrhau bod yna swyddi a chyfleoedd i bobl ifanc wrth iddyn nhw
siarad Cymraeg, hefyd. Felly, polisi addysg, polisi economaidd, a
chydnabod, wrth inni edrych ar strwythurau daearyddol a
llywodraethol Cymru, fod y Gymraeg yn rhan o’r patrwm yna
mewn llefydd nad yw efallai wedi bod yn y degawdau a’r ganrif
ddiwethaf.
|
I think
that’s the third challenge that I would say has emerged: the
decline in the use of the Welsh language in the west of Wales. I do
think that we need to look at what is happening
economically—we need to create jobs, create investment in the
west of Wales to ensure that there are jobs and opportunities for
young people where they can use the language. So, education policy,
economic policy, and recognising that, as we look at geographic
structures and the governance structures of Wales, that the Welsh
language is part of that pattern in areas where, perhaps, that
hasn’t been the case over the past decades or even the past
century.
|
[14]
Christine
Chapman: Okay; thank you.
I’ve got john Griffiths and then Bethan Jenkins. So, John
first.
|
[15]
John
Griffiths: Diolch yn fawr,
Gadeirydd. Bore da, Meri.
|
John
Griffiths: Thank you very
much, Chair. Good morning, Meri.
|
[16]
Ms
Huws: Bore da,
John.
|
Ms
Huws: Good morning,
John.
|
[17]
John
Griffiths: Amongst the
challenges that you’ve set out there, Meri, are ones that are
quite interesting for areas like Newport, where we have seen a
substantial increase in Welsh-medium education, which is continuing
apace at the moment. So, we are seeing those youngsters learning
Welsh in school, but many of them, as you said, wouldn’t have
the opportunity to use the language at home, because nobody in the
family speaks Welsh, obviously. There’s not that much
opportunity to use it in community settings, or anywhere else,
really. So, I think there is a grave danger that youngsters are
learning Welsh increasingly through Welsh-medium education in
Newport, but it might well stop there, as it were. So, I understand
that there are challenges in terms of supporting the language in
the heartlands and making sure that it remains a living language in
Wales, but there are also challenges, I think, in areas like
Newport to support what’s happening in Welsh-medium
education. Otherwise, it’s quite limited in terms of
what’s happening in areas like Newport. So, is that on your
radar screen at the moment—trying to ensure that the
opportunities to use Welsh in places like Newport beyond school are
there?
|
[18]
Ms
Huws: Ydy,
mae e ar y radar. Nid wyf yn credu y gallwn ni wneud yma o waith ar
ben ein hunain, a dyna lle mae cynghreirio gydag eraill mor bwysig.
Rydym ni ar hyn o bryd—wel, dros y ddwy flynedd ddiwethaf
yma—wedi bod yn gwneud darn o waith gyda Chwaraeon Cymru,
sydd wedi gweld y cyfleoedd o ran cymryd y bobl ifanc yma a’u
cynnal nhw drwy hyfforddiant dwyieithog mewn gwahanol chwaraeon. Ar
hyn o bryd, rydym yn gweithio gyda y cymdeithasau hynny sydd yn
cynrychioli gwahanol feysydd chwaraeon i ddatblygu cynllun
hyfforddi dwyieithog, a hefyd i roi hyder i’r bobl sy’n
hyfforddi eu bod nhw’n gallu gwneud hynny. Ac mae hynny yn
gweithio’n dda yn yr ardaloedd sydd ddim yn draddodiadol yn
Gymraeg eu naws; mae’n gweithio’n dda mewn ardaloedd
yng Nghaerdydd; mae’n gweithio’n dda mewn ardaloedd yn
y Cymoedd. Mae hefyd yn gweithio’n dda gyda chwaraeon lle,
eto, nad yw’r Gymraeg wedi bod yn draddodiadol yn rhan
o’u hymwneud nhw—tenis bwrdd, er enghraifft. Rydym ni
wedi bod yn gweithio gyda’r gymdeithas yna, a gymnasteg, i
weu y Gymraeg i fewn i’r digwyddiad.
|
Ms
Huws: Yes, it is
certainly on the radar. I don’t think that we can do this
sort of work alone, and that’s where forming alliances is so
important. Over the past two years, we’ve been undertaking a
piece of work with Sport Wales, which has identified opportunities
in terms of taking these young people and providing bilingual
training in various sports. At the moment, we are working with
those associations that represent various sports to develop a
bilingual training programme, and also to provide confidence to
those coaches that they can work bilingually. And that works well
in areas which are not traditionally Welsh-speaking heartlands; it
works well in areas of Cardiff; it works well in Valleys areas. It
also works well with sports where, perhaps, the Welsh language
hasn’t been a traditional part of their fabric—table
tennis, for example. We’ve been working with the association,
and the same is true of gymnastics, in order to bring the Welsh
language into those activities.
|
[19]
Ond,
fel rwy’n dweud, rydym yn ei wneud e ar y cyd. Rydym yn
gwneud dipyn o waith hefyd gyda’r trydydd
sector—gyda’r WCVA ei hun yng Nghymru, a hefyd
gyda’r cynghorau gwirfoddol ar draws Cymru i edrych am
gyfleoedd i ddefnyddio’r Gymraeg wrth wirfoddoli yn y trydydd
sector, ac ar pwysigrwydd cael sgiliau ieithyddol i wirfoddolwyr.
Mae hynny yn dechrau blodeuo. Mae’r gwaith rydym yn wneud
gyda’r Guides a’r Scouts, lle nad yw y Gymraeg, yn
draddodiadol eto, wedi bod yn rhan o’u hymwneud nhw o wythnos
i wythnos. Felly, gweld y cyfleoedd yna a chynghreirio wedyn i
ddatblygu ymwybyddiaeth a hyfforddiant ynglŷn â sut mae
gwneud.
|
But, as I say,
we’re doing it jointly. We’re doing a lot of work also
with the third sector—the WCVA itself in Wales, and also with
the voluntary councils across Wales to seek opportunities to
provide opportunities for people to use the Welsh language in
volunteering in the third sector, and we’re emphasising the
importance of language skills for volunteers. That is starting to
bear fruit. The work that we’re doing with the Scouts and the
Guides, for example, where traditionally the Welsh language
hasn’t been a part of their day to day activity. So,
we’re identifying those opportunities and then forming
alliances to develop awareness and training as to how that can be
brought forward.
|
[20]
John
Griffiths: Just one other
thing, in terms of social settings as well—people being able
to go along to a cafe at a certain time and meet with other Welsh
language learners or speakers, and particular social
activities—is that something that you would be involved in in
trying to work up those opportunities to use the language as
well?
|
[21]
Ms
Huws: Rydym ni, wrth gwrs, yn ymwybodol bod y Llywodraeth wedi
buddsoddi yn sylweddol mewn canolfannau sydd yn cael eu hagor ar
hyn o bryd—un yng Nghaerfyrddin, un yn Wrecsam, ac un yn agor
yng Nghaerdydd, rwy’n deall, jest cyn y Nadolig—lle mae
yna ganolfan i bobl i fynd iddi. Rwy’n credu bod y math yna o
ddatblygiad yn ddiddorol. Bydd angen i ni weld sut mae hynny wedyn
yn creu bywyd Cymraeg, ac, wrth gwrs, mae’n rhaid i ni gofio
am waith y mentrau, sydd yn cynnal digwyddiadau Cymraeg ar draws
Cymru.
|
Ms
Huws: Of course, we are
aware that the Government has invested significantly in centres
that are currently being opened—one in Carmarthen and another
in Wrexham, and another is to open in Cardiff, as I understand it,
just before Christmas—where there will be a centre for people
to congregate. I think that sort of development is interesting. We
will have to see how that actually encourages Welsh-language
activities, and we can’t forget the mentrau iaith, who
do stage Welsh-language events across Wales.
|
[22]
Beth
sydd yn bwysig i’w wneud, rwy’n credu, yw gweu’r
rhain i fewn i’w gilydd—nid eu bod nhw’n sefyll
ar ben eu hunain, ond bod yna gyfleoedd fan hyn. Ac efallai, os
edrychwn ni, ac rwy’n siŵr y gwnawn ni drafod safonau
mewn munud, mae’r safon hybu sydd wedi cael ei gosod ar
awdurdodau lleol, y parciau cenedlaethol a Llywodraeth Cymru yn
gyfle i ddatblygu fframweithiau sydd yn tynnu ar yr adnoddau yma i
gyd a’u gweu nhw i fewn i’w gilydd. Rwy’n credu
mai’r gweu sydd yn bwysig, yn hytrach na’u bod
nhw’n sefyll ar ben eu hunain.
|
What’s
important, I think, is that we connect all of these—not that
they are stand-alone opportunities, but that there are
opportunities that are co-ordinated. And I’m sure we will
turn to standards in a few moment, but I think the standard on
promotion that has been placed on local authorities, the national
parks and the Welsh Government is an opportunity to develop
frameworks that actually draw upon all of these resources and bring
them together. I think it’s that interweaving that’s
important, rather than seeing them being stand-alone
activities.
|
[23]
Christine
Chapman: Thank you, John.
Bethan.
|
[24]
Bethan Jenkins: Diolch yn fawr. Rydych wedi dweud yn barod ein bod ni yn mynd
i drafod y safonau, a dyna fy nghwestiynau i. Mae’r cwestiwn
cyntaf sydd gen i ynghylch y trydydd cylch o safonau. Rydym wedi
cael ar ddeall bod disgwyl bod y safonau hynny wedi mynd at y Prif
Weinidog ym mis Hydref, a bod y Llywodraeth wedi dweud na fydd yn
bosibl i weithredu’r safonau hynny cyn yr etholiad. Beth yw
eich barn chi am y ffaith na fydd y trydydd cylch hynny yn gallu
cael ei weithredu?
|
Bethan
Jenkins: Thank you.
You’ve said already that we’re going to discuss the
standards, and my questions are based on those standards. My first
question is on the third round of standards. We’re given to
understand that those standards went to the First Minister in
October, and that the Government said that it would not be possible
to implement those standards before the election. What’s your
opinion on the fact that it won’t be possible to implement
that third round?
|
[25]
Ms
Huws: Os
edrychwn ni ar lle rydym ni arni, ar hyn o bryd, o ran cylch
1—y 26 cyntaf—mae’r sefydliadau yna i gyd wedi
derbyn yr hysbysion sydd yn gosod safonau arnyn nhw. Mae gennym ni
ddarn mawr o waith yng nghylch 2. Os edrychwn ni ar gylch 2, mae
yna 119 o sefydliadau yn y cylch hynny, a fydd yn dwyn y rhan fwyaf
o sefydliadau cenedlaethol Cymru o dan y safonau, gan ddwyn y
byrddau iechyd, y colegau a’r prifysgolion. Felly, pan rydych
yn edrych ar fywyd cyhoeddus yng Nghymru, unwaith rŷm ni wedi
gweithio trwy’r 119 hynny, mae’r rhan fwyaf o
sefydliadau cyhoeddus Cymru yn gweithio o fewn y
gyfundrefn.
|
Ms
Huws: If we look at
where we are, currently, in terms of round 1—the first
26—all of those organisations have accepted the notifications
that impose standards upon them. We have a huge amount of work in
round 2. Looking at round 2, there are 119 institutions in this
round, which will bring most public organisations in Wales under
the standards, bringing in the health boards, the colleges and the
universities. So, when you look at public life in Wales, then once
we’ve worked through those 119, most of the public
institutions in Wales will be included within the
system.
|
09:15
|
[26]
A
ydw i’n poeni bod y trydydd cylch ar ôl yr etholiad? Nac
ydw. Mae’r gwaith o osod y safonau yn waith eithaf beichus a
dweud y gwir—mae’n weinyddol drwm ac mae angen i ni ei
wneud yn iawn. Felly, os gallwn ni, cyn yr etholiad, sicrhau bod y
119 yn y system, a bod yna gytundeb bod y 64 wedyn sydd yng nghylch
3 yn digwydd yn fuan iawn ar ôl yr etholiad, mi fyddwn ni, yn
2016-17, wedi tynnu i mewn dros 200 o sefydliadau.
|
Am I concerned
that the third round is to be after the election? No, I’m
not. The work of imposing standards is quite burdensome, if truth
be told—it’s administratively heavy and we have to get
it right. Therefore, if, before the election, we can ensure that
the 119 are captured within the system, and that there is agreement
that the 64 in round 3 should be included very soon after the
election, then by 2016-17, we will have brought in over 200
organisations.
|
[27]
Bethan Jenkins: Beth
sydd yn ei wneud yn feichus, fel ein bod ni’n deall? Gallwn
ni fod yma blwyddyn nesaf yn gofyn, ‘Pam nad yw’r
trydydd cylch o safonau wedi cael ei weithredu?’ Er mwyn i ni
ddeall yn iawn sut i ddwyn y Llywodraeth i gyfrif am y ffaith
efallai—. Byddem yn hoffi, wrth gwrs, pe baent yn ei wneud,
ond os nad ydynt wedi gwneud hyn erbyn yr amser yma blwyddyn nesaf,
beth sydd wedyn yn eu tynnu nhw tuag at—.
|
Bethan
Jenkins: What makes it
onerous, so that we can understand? We could be here next year, for
example, asking, ‘Why hasn’t that third round of
standards been implemented?’ So that we can understand how we
hold the Government to account for the fact that perhaps—. Of
course, we would like them to do this, but if they haven’t
done this by this time next year, what then makes
them—.
|
[28]
Ms
Huws: Rwy’n mynd i droi at Dyfan oherwydd dyma’r
cyfarwyddwr sydd â chyfrifoldeb am y gwaith o osod
safonau.
|
Ms
Huws: I’m going to
turn to Dyfan because he is the director with responsibility for
setting standards.
|
[29]
Mr
Sion: Rwy’n meddwl, i ateb y cwestiwn yn uniongyrchol, un her,
wrth weithredu’r Mesur ydy’r ffaith fod yna dri phrif
gam yn y broses o osod safonau. Mae’r cam cyntaf, sef ymchwiliad safonau, yn rhywbeth yr ydym
ni’n ei gynnal efo’r sefydliadau a dyna rydym ni
wedi’i weithredu efo’r cylchoedd un, dau a thri hyd
yma. Unwaith rydym wedi cynnal ymchwiliad safonau, mae’r
broses yn trosglwyddo wedyn i Weinidogion Cymru ac i’r
Llywodraeth. Nhw wedyn sydd yn rhoi’r safonau mewn
deddfwriaeth a rheoliadau. Mae yna drydydd cam wedyn, sydd yn pasio
nôl i ni, sef yr hysbysiadau cydymffurfio. Y dogfennau hynny sydd yn gosod y dyletswyddau
unigol ar gyrff. Y dogfennau hynny, i bob pwrpas, sydd yn gwneud i
ffwrdd â’r cynlluniau iaith. Felly, oherwydd bod y tri
cham sylweddol yna’n y broses, mae hynny’n dipyn o her
wedyn ac efallai mai dyna sydd i gyfrif yn bennaf am ba mor feichus
ydy’r drefn.
|
Mr
Sion: Just to respond to
your question directly, one challenge, in implementing the Measure,
is the fact that there are three major steps in the process of
setting standards. The first step, namely a standards inquiry, is
something that we hold with organisations, and that’s what
we’ve implemented with rounds one, two and three up to this
point. Once we’ve held that standards inquiry, the process
then transfers to the Welsh Ministers and to the Government. They
then place the standards in regulations and legislation. There is a
third step, returning to us, which is the compliance notices. Those
documents set out the individual duties on bodies. Those documents,
to all intents and purposes, abolish the language schemes. So,
because there are three significant steps in the process, that is
something of a challenge then and perhaps that’s been the
main reason for how onerous the regime has been.
|
[30]
Wrth
gwrs, mae’n rhaid i ni fod yn ofalus ac mae’n rhaid i
ni weithredu’n unol â beth sydd yn y Mesur, neu fe allwn
ni gael problemau yn hwyrach ymlaen yn y broses, fel arall. Ond i
ateb y cwestiwn yn benodol, rwy’n meddwl y ffaith fod y tri
cham yna, a hefyd bod mwy nag un sefydliad yn ymwneud
â’r camau hefyd, yn arwain at y ffaith ei fod o’n
feichus.
|
Of course, we have
to be careful and we have to act in accordance with what's in the
Bill or we could have problems later on in the process. But to
respond to your particular question, I think the fact that those
three steps are in existence, and that more than one institution is
involved in those steps too, has led to the fact that it is
onerous.
|
[31]
Bethan Jenkins: Jest
i symud tuag at yr awdurdodau lleol, yn amlwg, rydym wedi clywed
gan y wasg fod nifer o’r awdurdodau lleol yn dweud na fyddant
yn gallu gweithredu’r safonau. Mae Ceredigion yn dweud ei fod
yn mynd i gostio £45,000 ac wedyn Sir Benfro, £755,000.
Mae’n wahanol iawn yn hynny o beth. Beth yw’r
gwahaniaethau yma a sut, wedyn, maen nhw’n cyfiawnhau gallu
dweud yn gyhoeddus na fyddant yn gallu ymdrin â’r
safonau yma?
|
Bethan
Jenkins: Just to move
towards local authorities, of course, we’ve heard from the
press that a number of local authorities have said that they
won’t be able to implement the standards. Ceredigion says
that it’s going to cost £45,000 and then Pembrokeshire
said that it will cost £755,000. It is very different in that
regard. So, why are these differences in existence and how does
that justify saying publicly that they won’t be able to
implement these standards?
|
[32]
Mr
Sion: Mae’r sefydliadau wedi cael cwpwl o gyfleoedd i roi
gwybodaeth a thystiolaeth ynglŷn â chostau. Y cam cyntaf
o ran hynny oedd yr asesiad effaith rheoleiddiol a gynhaliodd y
Llywodraeth fel rhan o’r broses o lunio’r rheoliadau,
felly, fe gafwyd gwybodaeth gan tua 19, rwy’n credu,
o’r 26 sefydliad fel rhan o’r broses yna.
|
Mr
Sion: The institutions
have had a number of opportunities to provide information and
evidence on the costs. The first step in that was a regulatory
impact assessment, held by Government as part of the process of
making the regulations, therefore information was provided by, I
think, 19 of the 26 organisations as part of that
process.
|
[33]
Rydym hefyd wedi ymgynghori efo nhw ar hysbysiadau
cydymffurfio, felly mae yna gyfle pellach iddyn nhw roi gwybodaeth
i ni. Un
elfen yn unig o hynny ydy cost, wrth ystyried rhesymoldeb
cymesuredd y safonau. Rydym yn gorfod ystyried sawl peth a jest un
ffactor ydy cost. Rydym wedi gwneud hynny wrth gynnal yr
ymgynghoriad. Felly, rydym wedi rhoi sylw dyladwy i’r
dystiolaeth yr ydym wedi ei gael ganddyn nhw. Wedyn, rydym wedi
cyflwyno hysbysiadau terfynol ar sail hynny. Felly, rydym wedi
ystyried cost fel ffactor, ond rydym wedi ystyried sawl elfen arall
hefyd.
|
We’ve also
consulted with them on compliance notices, so there was a further
opportunity for them to provide information to us. Cost is only one
element of that in considering the rationality and proportionality
of the standards. We have to consider a number of things and cost
is only one factor. We have done that in holding that consultation.
Therefore, we have given due consideration to the evidence that we
have received from them. We have presented the final compliance
notices on that basis. Therefore, we have taken cost into account
as a factor, but we have considered several other factors
too.
|
[34]
Bethan Jenkins: Nid
wyf cweit yn deall yn hynny o beth, sut y mae’n amrywio
gymaint. Ai chi sydd yn gosod rhyw fath o amcangyfrif o’r
gost neu ai nhw sydd yn dod atoch chi a dweud, ‘Hwn
yw’r gost’ ac wedyn—?
|
Bethan
Jenkins: I do not quite
understand in that regard, how it varies so much. So, do you set
some kind of estimate of the cost or do they come to you and say,
‘This is the cost’ and then—?
|
[35]
Ms
Huws: Rwy’n credu mai beth sy’n bwysig i’w nodi
fan hyn yw dy fod ti’n cyfeirio at ffigurau y mae’r
wasg yn eu defnyddio. Nid yw hynny wastad yn gyson â’r
dystiolaeth sydd wedi cael ei bwydo i ni yn y broses yma. Ar hyn o
bryd, un sefydliad sydd wedi cyflwyno her, o’r 26.
|
Ms
Huws: I think
what’s important to note here is that you are referring to
figures provided by the press. That isn’t always consistent
with the evidence provided to us in this process. At the moment, I
think there is one organisation that has brought forward a
challenge, of that 26.
|
[36]
Bethan
Jenkins: Mae
hynny’n ddiddorol—gwybod mai dim ond un, er bod y wasg
yn honni’n wahanol. Os bydd mwy—
|
Bethan
Jenkins: That’s
interesting—to know that it’s only one, even though the
press alleges differently. If there are more—
|
[37]
Christine
Chapman: Bethan, before you
move on, I’ve got a supplementary from Mark, and then
I’ll come back to you, if that’s okay.
|
[38]
Mark
Isherwood: I’ve
mentioned it to you before: the figures in the press regarding
Wrexham were given to me directly by the council prior to those
figures being published. Why would you think those figures are so
high, and would you disagree with their estimate or not?
|
[39]
Ms
Huws: Na.
Rwy’n credu wrth fod sefydliadau’n cyflwyno tystiolaeth
i ni mae’n rhaid i ni dderbyn eu bod nhw’n cyflwyno
tystiolaeth sydd yn ffeithiol gywir iddyn nhw. Nid ydw i’n
amau’r ffigurau. Mae yna lot fawr o dystiolaeth wedi cael ei
chyflwyno i ni ynglŷn â chost, ynglŷn â’r
gallu i wireddu rhai o’r safonau mewn cyfnod
arbennig—felly rŷm ni wedi trin y dystiolaeth yr ydym ni
wedi’i derbyn yn uniongyrchol oddi wrth y sefydliadau fel
petasai yn ffeithiol gywir iddyn nhw.
|
Ms
Huws: No. I think that
as organisations present evidence to us we have to accept that they
are presenting evidence that is factually correct. I’m not
doubting their figures. There is a great deal of evidence that has
been presented to us on cost, on the ability of organisations to
introduce the standards in a particular timescale—so we have
dealt with evidence that we’ve received directly from these
organisations as if it were factually correct in their
eyes.
|
[40]
Bethan
Jenkins: Beth
sy’n mynd i ddigwydd os ydyn nhw wedyn yn herio’r
safonau? Beth y byddech chi’n ei wneud o ran eu dwyn nhw i
gyfrif am y ffaith eu bod nhw’n mynd i herio'r sefyllfa yma?
Os mai dim ond un sydd wedi, ond bod rhai arall yn bwriadu, beth
ydych chi’n mynd i wneud am hynny fel comisiynydd?
|
Bethan
Jenkins: What’s going
to happen if they then challenge the standards? What will you do in
terms of holding them to account with the fact that they are going
to challenge the situation? If only one has challenged but others
do intend to do so, what are you going to do about that as a
commissioner?
|
[41]
Mr
Sion: Rydw
i’n meddwl ei bod hi’n bwysig cofio mai proses ydy hwn.
Maen nhw wedi cael hysbysiad cydymffurfio gennym ni—gwnaethom
ni ymgynghori efo nhw yn gyntaf cyn cyflwyno hwnnw—felly yr
her ydy’r cam nesaf yn y broses. Mae’n gam sydd yn
digwydd cyn unrhyw gamau cyfreithiol yn y tribiwnlys—dyna
ydy’r cam olaf mewn ffordd. Felly, maen nhw’n gallu
herio rŵan, os ydyn nhw’n teimlo nad yw safon—am
ba bynnag reswm—ddim yn rhesymol neu ddim yn gymesur iddyn
nhw. Maen nhw’n gallu cyflwyno her i ni, ac mae hynny’n
gam sydd yn digwydd cyn unrhyw apêl bellach i’r
tribiwnlys. Felly, cam yn y broses ydy o yn hytrach nag unrhyw beth
arall. O ran cyflwyno her, mae’r cyfrifoldeb ar y sefydliad i
gyflwyno tystiolaeth i ni i egluro pam, yn eu barn nhw, nad ydy
safon neu safonau yn gymesur neu’n rhesymol, felly
mae’r onus arnyn nhw wedyn i gyflwyno tystiolaeth i
ni. Os ydyn nhw’n gwneud, yna mae’n rhaid i ni roi sylw
pellach i’r dystiolaeth yna.
|
Mr
Sion: I think it’s
important to bear in mind that this is a process. They’ve
received a compliance notice from us—we consulted with them
before presenting them with that—and then challenge is the
next part of the process. It is a step that will take place before
any legal steps are taken or any tribunal—that would be the
final step. So, if they do now feel that a standard—for any
reason—is not proportionate to them then they can introduce a
challenge to us. That is a step that takes place before any appeal
to a tribunal. So, it is a step in the process rather than anything
else. Now, in terms of making some sort of challenge, then the
responsibility is upon the organisation to present evidence to us
as to why a standard or standards are not proportionate or
reasonable, therefore the onus falls on them to provide that
evidence to us. If they do so, then we do have to consider that
evidence further.
|
[42]
Christine
Chapman: Sorry, Bethan. A
final supplementary, from Mike, and then we’ll come back to
you. On this point.
|
[43]
Mike
Hedges: When people
produce their costs, people produce costs in lots of different
ways. You can have the marginal cost, you can have the money
cost—that’s the additional money that actually has to
be spent, which excludes opportunity costs—and you have the
absolute cost, in which case you would cost parts of the building
being used, which would still be there if it wasn’t being
done, for example. So, do you know which one of those costs—?
Because they can generate entirely different and very different
numbers, and the variation can be very large.
|
[44]
Ms
Huws: Rwy’n derbyn beth mae'r Aelod yn ei ddweud, ond y
sefydliad sy’n cyflwyno tystiolaeth i ni; nid ni. Nhw
sy’n penderfynu pa dystiolaeth maen nhw’n dewis ei
chyflwyno i brofi—neu geisio profi—bod rhywbeth yn
afresymol neu’n anghymesur. Eu penderfyniad nhw yw e beth
maen nhw’n ei gyflwyno. Nid ni sydd yn dweud wrthyn nhw beth
i’w gyflwyno.
|
Ms
Huws: I accept the
Member’s comments, but the organisation provides evidence to
us. They decide what evidence they present to prove—or seek
to prove—that something is unreasonable or disproportionate.
It is up to them what they present. It is not us that tells them
what to present as evidence.
|
[45]
Mike
Hedges: Wouldn’t it
be helpful if they just produced a marginal cost—the
difference between doing it and not doing it—as opposed to
the absolute cost? You can obviously inflate costs. Local
authorities have got officers who almost treat that as their day
job in trying to inflate costs of things that people want to
do.
|
[46]
Christine
Chapman: Are you able to
answer that? Okay, we’ll just leave it. Bethan.
|
[47]
Bethan Jenkins: Jest
i ddilyn ymlaen ar y pwynt hwnnw, efallai y byddai canllawiau o ran
sut maen nhw’n ymateb—a oes yna ganllawiau iddyn nhw?
Mae’n ymddangos i rywun ei fod yn eithaf penagored. Petasai
yna ganllawiau, byddai hynny’n eu helpu nhw i allu ffocysu ar
beth sydd yn rhesymol a beth sy’n afresymol—nid fy mod
i’n meddwl bod unrhyw beth o ran hybu’r Gymraeg yn
afresymol yn hynny o beth.
|
Bethan
Jenkins: Yes, just to
follow on from that point, perhaps guidance in terms of how they
respond—is there guidance for them? It appears to be quite
open-ended. Are there guidelines that would help them to focus on
what is reasonable and what is unreasonable—not that I think
that anything in terms of promoting the Welsh language is
unreasonable in that regard.
|
[48]
Ms
Huws: Mae’n bosib, wrth symud ymlaen, ac wrth ein bod
ni’n edrych ar y Mesur, bod canllawiau yn ddefnyddiol
i’r dyfodol. Ein cyfrifoldeb ni yw gweithredu’r broses
gyfreithiol a pheidio â thrio lliwio hynny, achos gallwch chi
ddim ymyrryd mewn proses gyfreithiol. Beth rwy’n credu
rŷm ni’n ei weld fan hyn, yn dilyn o’r drafodaeth,
yw Mesur newydd, cyfundrefn newydd, gweithredu hynny am y tro
cyntaf—dechrau gweld lle mae bylchau’n ymddangos,
heriau’n ymddangos, pethau trafferthus yn ymddangos.
Rwy’n credu bod hynny’n iach iawn—ein bod
ni’n mynd trwy’r broses ac yn gweld hyn, amlygu hyn, ac
i’r dyfodol yn meddwl, ‘A oes modd i ni ddatrys hwn neu
leihau y problemau?’
|
Ms
Huws: Perhaps, as we move
forward, and as we look at the Measure, guidance may be useful for
the future. Our responsibility is to implement the legal process
and not try and colour that, because you can’t intervene in a
legal process. I think what we’re seeing here, following on
from the discussion, is a new Measure, a new regime and that being
implemented for the first time—we’re starting to see
where the gaps appear, where the challenges are, where difficulties
emerge. I think that is very healthy—that we are going
through that process and highlighting these issues and for the
future can think, ‘Is there any way around this, is there a
resolution to this problem?’
|
[49]
Bethan
Jenkins: Y
cwestiwn olaf sydd gen i yw’r ffaith nad yw cyflenwyr
nwy, trydan, telegyfathrebu a gwasanaethau rheilffordd yn rhan
o’r safonau er bod hynny’n rhan o’r strategaeth
‘Iaith Fyw: Iaith Byw’. A ydy hynny’n rhywbeth
sy’n eich poeni chi? A ydych chi wedi codi hyn gyda’r
Llywodraeth o gwbl?
|
Bethan
Jenkins: The final question
from me is the fact that gas suppliers, electricity suppliers,
telecommunications and rail service providers aren’t part of
the standards, even though they are part of the ‘A Living
Language: A Language for Living’ strategy. Is that something
that concerns you? Have you raised this with the Government at
all?
|
[50]
Ms
Huws: Mae’r sectorau rwyt ti newydd eu henwi yn atodlen 8
i’r Mesur. Efallai eich bod chi’n ymwybodol ein bod ni
wedi cyhoeddi, yr wythnos diwethaf, wrth bod cylch 3 yn dod i ben
ac wrth ein bod ni wedi cyflwyno’r adroddiadau safonau yna
i’r Llywodraeth, ein bod ni nawr yn symud i edrych ar y
sector bysys a threnau nesaf, wedyn y sector ynni. Wedyn, rŷm
ni yn edrych ar fapio'r sector telegyfathrebu er mwyn symud
i’r ymchwiliad safonau gyda nhw. Felly, rŷm ni wedi
gwneud datganiad ein bod ni, yn ystod y flwyddyn galendr
nesaf—
|
Ms
Huws: The sectors that
you’ve just listed are contained within schedule 8 of the
Measure. You may be aware that we announced last week that as round
3 is concluded and once we have presented those standards reports
to Government, that we then will move to look at the bus and train
sector and then the energy sector. Then, we are considering mapping
the telecommunications sector so that we can move to a standards
investigation with them. So, we have made a statement that, during
the next calendar year—
|
[51]
Bethan
Jenkins: A
oes amserlen neu ai jest cynllun gwaith hirdymor yw
hynny?
|
Bethan
Jenkins: Is there a
timetable for that or is it just a long-term plan?
|
[52]
Mr
Sion: Oes,
rydym ni wedi gosod amserlen. O ran y bysiau a threnau mi fyddwn
ni’n cychwyn y broses gyntaf o ymchwiliadau safonau efo nhw
fis Mawrth flwyddyn nesaf, felly bydd hynny’n digwydd rhwng
mis Mawrth a mis Medi flwyddyn nesaf. O ran nwy a thrydan wedyn, mi
fydd cam cyntaf yr ymchwiliad safonau yna’n digwydd rhwng
Mehefin a Rhagfyr flwyddyn nesaf, felly mae yna amserlen ar gyfer
hynny hefyd. Rwy’n meddwl, jest i fynd yn ôl at bwynt
cynharach, beth sydd yn anodd o ran amserlennu, yn enwedig
amserlennu tymor hir, yw ein bod ni’n gwneud y gwaith
cychwynnol o ran ymchwiliadau safonau, rŷm ni hefyd yn gwneud
y gwaith hysbysiadau cydymffurfio, ac mae’n hamserlen ni ar
gyfer hynny yn ddibynnol ar bryd mae’r Llywodraeth yn
cyflwyno’r rheoliadau. Felly, rŷm ni’n gorfod
ffitio’r ddau beth efo’i gilydd.
|
Mr
Sion: Yes, we have set
out a timetable. In terms of buses and trains, we will start the
initial process of standards investigations with them in March of
next year, so that will happen March to September of next year. In
terms of gas and electricity, the first step, namely the standards
investigation, will happen June to December of next year, so
that’s timetabled too. If I could just return to an earlier
point, I think what is difficult in terms of timetabling,
particularly long-term timetabling, is that we are carrying out the
initial work, namely the standards investigations, and we’re
also carrying out the work on compliance notices, and our
timetables for that are reliant on when the Government brings
forward regulations. So, we have to actually balance the two things
and fit them together.
|
[53]
Bethan
Jenkins: Rydych chi’n dibynnu wedyn ar bryd maen nhw’n
penderfynu datgan y rheoliadau, ac felly mae allan o’ch dwylo
chi yn hynny o beth.
|
Bethan
Jenkins: So, you’re
dependent then on when they decide to make those regulations, so
it’s out of your hands in that regard.
|
[54]
Mr
Sion: Ydy.
|
Mr
Sion: Yes.
|
[55]
Bethan Jenkins: Ocê.
|
Bethan
Jenkins: Okay.
|
[56]
Christine
Chapman: Okay. Thank you.
I’d like to move on now to Gwyn. We’ve got just over
half an hour and I know other Members have got some other issues
they want to bring in, so I’ll start with Gwyn.
|
[57]
Gwyn R.
Price: Thank you, Chair.
Good morning. Can you expand on your concern that the period
of transition between the Welsh Language Act 1993 and the Welsh
Language Measure 2011 could negatively affect the opportunities for
the public to use the Welsh language, and what steps would be
needed in your opinion to ensure this doesn’t
happen?
|
[58]
Ms
Huws: Wrth
i ni ddechrau ein gwaith—wel, mae’n bedair blynedd yn
ôl—un o’r pethau wnaethom ni ei gydnabod o’r
dechrau fel risg i’r sefydliad oedd ein bod ni’n rhedeg
dwy gyfundrefn statudol. Mae hynny wastad yn gallu peri problemau
i’r bobl sydd yn gweinyddu’r system, ond hefyd y bobl
sydd yn gorfod gweithredu o fewn systemau. Felly, fe wnaethom ni
o’r dechrau sylweddoli bod rhaid i ni liniaru a lleddfu ar y
sialens yna. Dyna yn rhannol pam wnaethom ni benderfynu symud y
sefydliadau a oedd yn gweithio o dan ddeddfwriaeth 1993—sef
Deddf yr Iaith Gymraeg 1993—ac yn gweithredu cynlluniau iaith
drosodd i safonau mor glou ag oedd yn bosib. Felly, gyda chylch 1,
cylch 2 a chylch 3, rŷm ni wedi canolbwyntio ar symud y
sefydliadau sydd yn gweithredu cynlluniau iaith drosodd i’r
safonau, ac ar yr un pryd, ein bod ni yn briffio’r
sefydliadau yna yn rheolaidd, iddyn nhw ddeall bod yna broses yn
digwydd a’u bod nhw yn symud. Felly rwy’n gobeithio bod
hynny wedi digwydd yn llwyddiannus o ran bod y sefydliadau’n
ymwybodol ein bod ni’n symud o gynlluniau iaith i safonau.
Ond ar yr un pryd, roeddem ni’n poeni hefyd ein bod
ni’n colli impetus—mi
allai ambell sefydliad feddwl, ‘Wel, mi wnaf i eistedd
yn ôl nawr a disgwyl i’r safonau yma ddod; mi wnawn ni
adael y cynllun iaith’. Felly, rŷm ni wedi cynnal y
gwaith o fonitro’r cynlluniau iaith, hefyd; rŷm ni wedi
cynnal y broses yna o gyfathrebu gyda sefydliadau. Maen nhw yn dal
wedi gorfod cyflwyno yn flynyddol adroddiad ar eu cynlluniau iaith
nhw. Felly, rŷm ni wedi cynllunio'r camau o wneud y
sefydliadau’n hollol ymwybodol o’r newid, ond peidio
â thynnu’r droed off y throttle o ran yr
ymwneud â nhw a’r disgwyliadau sydd wedi cael eu gosod
arnyn nhw.
|
Ms
Huws: As we started our
work—well, it was four years ago now—one of the things
that we recognised from the beginning as a risk to the institution
was that we would run two statutory regimes. That can always cause
problems to those people who administer the system, but also to
those people who have to operate within those systems. So, from the
very beginning, we realised that we would need to mitigate that
challenge. That’s partly why we decided to move the
institutions that worked under the 1993 legislation—which is
the Welsh Language Act 1993—over to implementing language
schemes, and move to the new regime as soon as possible. So,
that’s what we did with rounds 1, 2 and 3; we’ve
focused on transferring those institutions that have implemented
language schemes over to standards, and at the same time, we wanted
to brief those institutions regularly so that they understood that
there was a process under way and that they were making that shift.
So, I hope that that has happened successfully in terms of the fact
that those institutions were aware that they were moving from
language schemes to standards. But at the same time, we were also
concerned that we would lose impetus—that some institutions
could think, ‘Well, we will sit back now and we’ll wait
for these standards to come forward; we’ll just leave the
language scheme be’. So, we’ve maintained that work of
monitoring the language schemes as well; we’ve maintained
that process of communicating with institutions. They’ve
still had to put forward an annual report on their language
schemes. So, we’ve planned those steps, from making the
institutions wholly aware of the change, but not taking the foot
off the throttle in terms of that involvement with them and the
expectations that have been placed on them.
|
09:30
|
[59]
Rŷm ni wedi cynnal sesiynau briffio yn rheolaidd iawn,
iawn, iawn, ac fe fyddwn ni’n dal i wneud hynny. Peth arall
rŷm ni wedi’i wneud yw gweithio gyda’r cyrff
ymbarél, fel Cymdeithas Llywodraeth Leol Cymru, fel y WCVA,
fel y cyrff sy’n cynrychioli byrddau iechyd, i sicrhau eu bod
nhw’n deall, hefyd. Felly, fe wnaethom ni adnabod a chydnabod
yr her; mae’n dal yn her ein bod ni’n gweithio gyda dwy
system gyfreithiol, neu dwy statud gyfreithiol, ond, ar hyn o bryd,
rwy’n teimlo ein bod ni’n rheoli'r newid yn eithaf
da.
|
We’ve held
briefing sessions on a regular basis—a very regular
basis—and we’re still doing that. Another thing that
we’ve done is we’ve worked with the umbrella bodies,
such as the Welsh Local Government Association, such as the WCVA
and those bodies that represent health boards, to ensure that they
understand, too. So, we’ve acknowledged and recognised that
challenge; it remains a challenge that we are working with two
legal systems, or two legislative statutes, but, at present, I do
think that we are managing that change very well.
|
[60]
Gwyn R.
Price: Thank you. You
have criticised, really, the Welsh Language (Wales) Measure in
2012. Are there parts in the Measure that give you
concern?
|
[61]
Ms
Huws: Wrth
ateb y cwestiwn yna, rwy’n credu ein bod ni yn mynd yn
ôl i’r drafodaeth a gawsom ynglŷn â’r
broses o osod safonau. Wrth weithredu’r Mesur, a
gweithredu’r Mesur yn briodol, mae’n dod yn amlwg bod
yna sawl cam yn y broses. Rŷm ni’n gofyn am dystiolaeth
oddi wrth sefydliadau ddwywaith, os nad tair gwaith, yn y broses;
mae hynny jest o weithredu Rhan 4 o’r Mesur. Rwy’n
credu, gydag amser, ac wrth ein bod ni’n amlygu’r
heriau, y problemau sydd yn codi, ei bod yn briodol inni ofyn y
cwestiwn, ‘A allwn ni ysgafnhau’r broses yn gyfreithiol
drwy, efallai, edrych ar y Ddeddf eto—y Mesur eto—yn
ystod y blynyddoedd nesaf?’
|
Ms
Huws: In responding to
that question, I think that we go back to the discussion that we
had on the process of setting standards. In implementing the
Measure, and implementing the Measure appropriately, it becomes
clear that there are several steps to the process. We’re
asking for evidence from institutions twice, if not three times, in
that process; that is just to implement Part 4 of the Measure. I do
think that, with time, and as we make clear the challenges and
problems that arise, it is appropriate for us to ask the question
of whether we can lighten the load in terms of the legal process,
perhaps by looking at the Measure again over the coming
years.
|
[62]
Christine
Chapman: Okay?
|
[63]
Gwyn R.
Price: Thank you very
much.
|
[64]
Christine
Chapman: Thank you. I move
on now to Peter.
|
[65]
Peter
Black: Thank you, Chair.
In past evidence sessions, you’ve criticised the way in which
the Welsh Government considers the Welsh language in policy areas,
especially when drafting legislation. Has that situation
improved?
|
[66]
Ms
Huws: Rwy’n mynd i droi at Dyfan, i ddechrau, i edrych ar beth
sydd wedi digwydd. Mae’n wir: rŷm ni wedi codi consyrn
yn y gorffennol.
|
Ms
Huws: I’ll turn to
Dyfan to kick off on this, to look at what has happened. It is
true: we have raised concerns in the past.
|
[67]
Mr
Sion: Ydy.
Rwy’n meddwl, o ran proses, yn y lle cyntaf, mae’r
Llywodraeth wedi datblygu teclyn asesu effaith polisi ar y Gymraeg.
Mae hynny i’w groesawu, ond rwy’n meddwl, fel y
mae’r Prif Weinidog ei hun wedi dweud wrth y pwyllgor yma, un
peth ydy cael teclyn asesu mewn lle, mae angen gwaith addysgu a
chodi ymwybyddiaeth, hefyd, o amgylch hynny i sicrhau bod y
gweision sifil yn gallu gweithredu’n llawn.
|
Mr
Sion: Yes, I do think
that, in terms of the process, in the first instance, the
Government has developed a policy impact assessment tool on the
Welsh language, and that is to be welcomed, but I think, as the
First Minister himself has told this committee, it’s one
thing to have an assessment tool in place, but there has to be
educative and awareness raising work around that to ensure that the
civil servants are able to make full use of it.
|
[68]
Rŷm ni yn ymwybodol hefyd fod yna asesiadau effaith yn
cael eu cyhoeddi ar Filiau ac ar ymgynghoriadau polisi, hefyd, ac,
eto, mae hynny yn gynnydd. Rwy’n meddwl, ar y cyfan, fod rhai
o’r asesiadau yna yn dueddol o ganolbwyntio ar effeithiau
negyddol posibl polisïau. Efallai bod yna fwy i’w wneud
o ran edrych ar gyfleoedd pellach i hyrwyddo’r Gymraeg,
hefyd, o fewn polisïau a deddfwriaeth.
|
We’re also
aware that there are impact assessments published on Bills and on
policy consultations as well, and that is progress. On the whole, I
think that some of the assessments tend to focus on negative
potential effects of policies. Perhaps there’s more to do in
terms of looking at further opportunities to promote the Welsh
language as well, within policies and legislation.
|
[69]
O
ran canlyniad y gwaith yna, wedyn, rwy’n meddwl mai beth
rŷm ni’n ei weld ydy bod yna gynnydd wedi bod mewn rhai
meysydd, ond anghyson ydy o ar y cyfan. Mae yna rhai pethau yr ydym
ni wedi’u codi yn y misoedd diwethaf; er enghraifft, yn y
maes cynllunio, mi oedd gennym bryderon ynglŷn â’r
Ddeddf Cynllunio (Cymru) 2015 yn wreiddiol, ond, yn sgil pwysau
gennym ni, sawl sefydliad arall ac Aelodau’r Cynulliad hefyd,
fe gafwyd cyfeiriadau at y Gymraeg yn hwnnw yn y diwedd.
|
In terms of the
outcome of that work, I think that what we’ve seen is that
there has been progress in some areas, but it’s inconsistent
on the whole. There are some things that we have raised over the
past few months; for example, in terms of planning, we had concerns
about the Planning (Wales) Act 2015 originally, but as a result of
pressure from us, from several other bodies and Assembly Members as
well, references to the Welsh language were included in that
legislation.
|
[70]
Mae
ymgynghoriadau wedi bod, hefyd, yn y maes addysg—er
enghraifft, cynllun Dechrau’n Deg, cynllun gweithlu’r
blynyddoedd cynnar—lle rŷm ni wedi tynnu sylw at ddiffyg
ystyriaeth o’r Gymraeg.
|
There have been
references to the area of education, as well—such as the
Flying Start scheme and the early years workforce
scheme—where we’ve drawn attention to the lack of
consideration for the Welsh language.
|
[71]
Ond, mae yna bethau da yn digwydd, hefyd. Rŷm ni
wedi cael trafodaethau cynnar yn y broses o ad-drefnu llywodraeth
leol, a gobeithio bydd hynny’n parhau rŵan, wrth
i’r broses yna fynd yn ei blaen. Felly, mae yna arwyddion o
gynnydd wedi bod ac mae’n deg i ddweud, rwy’n meddwl, o
ran canlyniad, fod y darlun yn dal yn weddol gymysg.
|
But, there are
good things happening as well. We’ve had discussions very
early on in the process of the reorganisation of local authorities,
and we hope that that will continue as the proses goes forward. So,
there have been signs of progress, but I think it’s fair to
say, in terms of results that the picture is still relatively
mixed.
|
[72]
Ms Huws: A gaf i jest ategu at hynny? Mae Dyfan wedi cyfeirio
at ambell i ddarn o ddeddfwriaeth ddrafft yn y maes addysg, lle nad
oedd unrhyw gyfeiriad at y Gymraeg. Mi oedd hynny’n peri
pryder sylweddol i fi nad oedd maes mor bwysig ag addysg yn
cydnabod y Gymraeg. Rŷm ni hefyd wedi gweld, wrth fod y
ddeddfwriaeth gofal cymdeithasol yn troi’n rheoliadau, nad
yw’r datganiadau sydd yn y ddeddfwriaeth ei hun o reidrwydd
yn gweld golau dydd yn y rheoliadau wedyn. Felly, mae yna sialens o hyd i sicrhau cysondeb
trwy’r broses ddeddfu ac nad yw datganiad ar wyneb y Bil yn
mynd ar goll wedyn am nad yw’r rheoliadau sydd y tu ôl
i’r Bil yn adlewyrchu anghenion y Gymraeg.
|
Ms
Huws: If I could just
add to that, Dyfan has referred to a few pieces of draft
legislation in education, where there was no reference to the Welsh
language. Now, that was a cause of significant concern to me that
an area as important as education didn’t recognise the Welsh
language. We’ve also seen, as the social care Act becomes
regulation that the statements in the Act itself don’t
necessarily emerge in the regulations themselves at a later stage.
So, there remains a challenge to ensure consistency throughout the
legislative process and that a statement on the face of the Bill or
an Act, isn’t then lost, because the regulations that
underpin the Bill don’t reflect the needs of the Welsh
language.
|
[73]
Peter
Black: Okay. I can
empathise with the idea that impact statements concentrate on the
negative. In a sense, that’s what they’re there to do.
Do you think that the Government needs to do a lot more in terms of
considering the language at a very early stage in legislation? You
said about more positive impacts, as well, but how can the
Government do better in terms of actually making sure that language
is a major consideration when it comes to formulating
Bills?
|
[74]
Ms
Huws: Mewn
tystiolaeth i’r Pwyllgor Materion Cyfansoddiadol a
Deddfwriaethol rai misoedd yn ôl nawr, fe wnaethom ni
gyflwyno’r syniad sy’n gysyniad sydd yn cael ei
ddefnyddio yn San Steffan ynglŷn â hawliau dynol,
fod
yna gydbwyllgor hawliau dynol yn craffu ar bob darn o ddeddfwriaeth
i gysoni ystyriaeth o hawliau dynol. Rwy’n gwybod bod y
pwyllgor yma’n craffu ar y Gymraeg, ond rwy’n ymwybodol
bod darnau o ddeddfwriaeth yn mynd i bwyllgorau eraill sydd,
efallai, ddim o reidrwydd yn gofyn yr un cwestiynau yr un mor
gyson. Rwy’n credu y buaswn i’n annog y Llywodraeth
a’r pwyllgorau i ystyried sefydlu cydbwyllgor o ran y Gymraeg
i ystyried bob darn o ddeddfwriaeth a gwneud hynny mewn modd cyson,
er mwyn creu’r diwylliant gwahanol yma ac i addysgu
hefyd.
|
Ms
Huws: In evidence to the
Constitutional and Legislative Affairs Committee some months ago,
we did propose the concept, and it is a concept used in Westminster
in terms of human rights, that there is a joint committee on human
rights that actually scrutinises all pieces of legislation to
ensure consistency in the consideration of human rights. I know
that this committee scrutinises the Welsh language, but I know that
certain pieces of legislation go to other committees that
don’t necessarily ask the same questions as consistently as
you would. I think I would encourage the Government and the
committees to consider establishing a joint committee on the Welsh
language to consider all pieces of legislation, and to do that in a
consistent manner, in order to create this different culture and
also to educate.
|
[75]
Peter
Black: Is it the case, in
a sense, that the Welsh language is only considered properly in the
obvious suspects, you know, planning, education—. I mean,
we’re just thinking about the tax management Bill, for
example, and, actually, the Finance Committee has been asking
questions about the Welsh language on that Bill, but do we need to
be aware that the Government had thought about it before it
actually produced the Bill? You know, is that part of the
problem?
|
[76]
Ms
Huws: Ie,
yn gywir. Pe bai yna un grŵp neu un pwyllgor yn gofyn y
cwestiwn o ran bob darn o ddeddfwriaeth, a’i bod yn broses
lle maen nhw’n dweud, ‘A oes yna ystyriaethau o ran yr
iaith fan hyn? O, oes, mae angen i ni ymateb i hyn’, neu,
‘Nac oes, does yna ddim; nid oes unrhyw beth y gallem ni
ffeindio fan hyn lle mae yna ystyriaeth ieithyddol’.
Rwy’n credu byddai hynny’n gam sylweddol ymlaen,
yn yr un ffordd ag y mae hynny’n digwydd yn San Steffan.
Mae’ch dadansoddiad chi o’r sialens yn
gywir.
|
Ms
Huws: Exactly, yes. Now,
if there were a single group or a single committee asking that
question on each piece of legislation, that there is a process in
place, where they say, ‘Are there considerations in terms of
the Welsh language? Well, yes, there are, we need to respond to
this’, or they may say, ‘No, there is nothing that we
can identify here where there is a language consideration’. I
think that would be a significant step forward, just as that
happens in Westminster. Your analysis of the challenge is
accurate.
|
[77]
Christine
Chapman: Thank you. If I
can move on now then, to Lindsay.
|
[78]
Lindsay
Whittle: Me? Sorry, I
didn’t know I was next. I was fast asleep
[Laughter.]
|
[79]
Bore
da, Meri a Dyfan, diolch am ddod. Rwy’n mynd i ofyn y
cwestiwn yn Saesneg, mae’n ddrwg gen i, ond yn y dyfodol,
rwy’n mynd i ofyn y cwestiwn yn y Gymraeg, gobeithio, achos
mae fy wyres yn dysgu Cymraeg gyda fi, nawr.
|
Good morning, Meri
and Dyfan, thank you for coming. I’m going to ask the
question in English, I’m sorry, but in future, I hope to ask
the question in Welsh, because my granddaughter is learning Welsh
with me, now.
|
[80]
I want
to ask you about your budget. The budget cuts I see proposed are
£300,000. It’s a lot of money out of a budget that is
really not a very large budget. How is that going to affect your
services that you’re going to provide in future? And what
message do you want this committee to tell the Welsh Government, to
say that if these budget cuts carry on at the rate they’re
doing with the commission, it doesn’t take a great
mathematician to realise that in five years’ time,
your—not you, personally—whole commission is actually
under threat? That is, as far as I am concerned, not
acceptable.
|
[81]
Ms
Huws: Diolch yn fawr am y cwestiwn. Mae’n creu consyrn anferth
i ni o fewn y sefydliad ein bod ni, yn y prin gyfnod o bedair
blynedd rydym wedi bodoli yn barod, rŷm ni wedi colli jest a bod chwarter o’n incwm.
Mae yna grebachu ar draws y sector gyhoeddus—rwy’n
llwyr sylweddoli hynny—ond mae ei wneud e nawr yn anodd iawn,
iawn i ni weithio, a gweithio’n effeithiol. Mae yna arbedion
mae rhywun wastad yn gallu eu gwneud, ond rŷm ni wedi’u
gwneud nhw nawr—yr arbedion o ran gwariant o ddydd i ddydd ac
o ran stadau ac yn y blaen. Rŷm ni wedi gwneud bob un
o’r rheini. Rŷm ni wedi mynd trwy broses
ailstrwythuro—mae pobl wedi gadael y sefydliad. Nid wyf yn
teimlo y gallwn gymryd rhagor o doriadau os oes yna ddisgwyl i
Fesur y Gymraeg weithredu’n effeithiol, ac i ni
weithredu’n effeithiol o fewn Mesur y Gymraeg.
|
Ms
Huws: Thank you very
much for the question. It is a cause of great concern for us within
the body that, within the period of four years that we’ve
existed already, we have lost almost a quarter of our income. There
has been shrinkage across the public sector—I understand that
fully—but doing it now makes is very, very difficult for us
to operate, and to operate effectively. There are savings that one
can always make, but we have made those savings now—those
savings in terms of daily expenditure and in terms of estates and
so on. We’ve done all of those things. We’ve gone
through a restructuring process—people have left the
institution. I don’t feel that we can take additional cuts if
there is an expectation that the Welsh language Measure will
operate effectively, and for us to operate effectively within the
Welsh language Measure.
|
[82]
Mae’r ddwy flynedd nesaf, buaswn i’n ei ddweud, yn
anhygoel o bwysig o ran gweithrediad y Mesur. Rŷm ni wedi
trafod y safonau. Mewn ymateb i Bethan, eglurais i, o fewn y ddwy
flynedd nesaf, byddwn ni wedi gosod safonau ar o gwmpas 250 o
sefydliadau yng Nghymru, ac mi fyddwn wedi symud i’r sectorau
sydd yn cynnig gwasanaethau yng Nghymru, megis ynni, trenau,
trafnidiaeth ac yn y blaen. Os ydym yn cael toriad arall, yn y man
cyntaf, ni fyddwn yn gallu gosod y safonau yn effeithiol—mae
Dyfan wedi sôn am y broses—ac ni fyddwn ychwaith yn
gallu gwneud y gwaith rheoleiddio sydd yn angenrheidiol o ran
sicrhau bod sefydliadau yn gweithredu o fewn y safonau, a bod pobl
yng Nghymru yn cael y gwasanaethau sydd yn deilwng iddyn
nhw—gwasanaethau yn y Gymraeg y dylem ni fod yn eu disgwyl.
So, mae toriad arall yn ystod y blynyddoedd nesaf ac yn y flwyddyn
nesaf yn mynd i fod, buaswn i’n ei ddweud, yn drychinebus o
ran gweithrediad Mesur y Gymraeg, a sicrhau gwlad sydd yn deilwng o
bobl Cymru.
|
The next two years
will be incredibly important in terms of implementing the Measure.
We’ve discussed the standards. In response to Bethan, I
explained that, within the next two years, we will have set
standards on around 250 bodies in Wales, and we will have moved to
those sectors that offer services in Wales, such as energy, trains,
transport and so on. If we are to receive another cut, in the first
instance, we won’t be able to set the standards
effectively—Dyfan’s talked about the process—and
we won’t be able to do the regulatory work that is crucial in
terms of ensuring that institutions work within the standards, and
that people in Wales receive the services that they
deserve—services in the Welsh language that we should be
expecting. So, another cut, over the coming years, and in the next
year, is going to be, I would say, disastrous, in terms of the
implementation of the Welsh language Measure, and ensuring a nation
that is worthy of the people of Wales.
|
[83]
Lindsay Whittle: Diolch am eich ateb.
|
Lindsay
Whittle: Thank you for your
response.
|
[84]
I
agree entirely and I think, Chair, that this committee should send,
as part of our response to the Government’s budget, a very
strong message that this sort of cut is totally unacceptable. And
it brings me on nicely to the—
|
[85]
Christine
Chapman: Before that, Peter
has a supplementary and I’ll come back to you
then.
|
[86]
Peter
Black: Can I just ask:
have you been notified of your budget for next year?
|
[87]
Ms
Huws: Rŷm ni wedi gweld y ffigurau sydd wedi cael eu cyhoeddi.
Rydych chi efallai wedi rhannu darn o wybodaeth nad ydym ni wedi
cael yn y ffordd yna.
|
Ms
Huws: We have seen the
figures that have been published. You have perhaps shared a piece
of information that we haven’t received in that
way.
|
[88]
Peter
Black: Okay. And what
sort of consultation do you actually get with the Government before
you get those figures, or before you’re actually notified of
any cut in your budget?
|
[89]
Christine
Chapman: So, that was this
year.
|
[90]
Peter
Black: I’m thinking
of next year.
|
[91]
Christine
Chapman: Yes.
|
[92]
Ms
Huws: O
ran cyllideb?
|
Ms
Huws: In terms of
budget?
|
[93]
Peter
Black: Yes.
|
[94]
Ms
Huws: Mae
yna drafodaethau gyda’r Llywodraeth. Rydym yn cwrdd
â’r swyddogion yn chwarterol ac rydym yn cwrdd
â’r Prif Weinidog yn chwarterol. Teg yw dweud, eleni,
oherwydd y sefyllfa, efallai nad ydych chi wedi derbyn y gyllideb
fan hyn mor gynnar ag yr ydych chi fel arfer. Nawr mae’r
trafodaethau yn dechrau ac yn digwydd.
|
Ms
Huws: There are
discussions with the Government. We meet the officials on a
quarterly basis and we meet the First Minister on a quarterly basis
too. It’s fair to say that, this year, because of the
situation, you perhaps hadn’t received the budget here as
early as you usually do. It is now that those discussions are
starting.
|
[95]
Peter
Black: So, you actually
haven’t been given a figure for next year yet.
|
[96]
Ms
Huws: No.
|
[97]
Christine
Chapman: No,
because—
|
[98]
Peter
Black: Some organisations
have, I think.
|
[99]
Christine
Chapman: Right;
okay.
|
[100]
Ms
Huws: A
gaf jest nodi, yn y gyllideb a ddaeth allan wythnos yma, roeddem
wedi dadlau yn y gorffennol fod angen llinell ar Gomisiynydd y
Gymraeg, yn yr un modd ag y mae llinell i Gomisiynydd Pobl Hŷn
Cymru? Nid oedd yna yn y gyllideb yr wythnos yma.
|
Ms
Huws: May I just note
that in the budget that came out this week, we had argued in the
past that there needs to be a line for the Welsh Language
Commissioner, in the same way as there’s a line for the
Commissioner for Older People in Wales? There wasn’t in the
budget this week.
|
[101]
Peter
Black: There is a line, I
think, in the education part of the budget for Welsh language that
actually shows a cut. I’m just wondering, as the
commissioner, do you get any consultation on those lines at all, or
any input into them.
|
[102]
Ms
Huws: Ddim
ar y llinell yna.
|
Ms
Huws: Not on that
line.
|
[103]
Bethan
Jenkins: It’s not
just in education; there are other ones as well. It’s not
just in education, I suppose.
|
[104]
Peter
Black: No, but
there’s a specific line on education, where it says that the
Welsh language is cut.
|
[105]
Ms
Huws: Na,
does yna ddim.
|
Ms
Huws: No, there are
not.
|
[106]
Christine
Chapman: I’ll come
back to Lindsay now; we’ve got about quarter of an hour left
now.
|
[107]
Lindsay
Whittle: Okay. Now, 2015-16
was a reduction of £300,000—that was 8 per
cent—and there was 10 per cent the year before. So, again
next year, if it carries on—as I said, I’m not
scaremongering—in five years’ time, you won’t
exist. That can’t be acceptable. You get a lot of complaints,
and I’m very concerned to see a list of public bodies that
have all failed to comply with Welsh language schemes. And,
you’ve said in your report to us that you’re
simplifying the complaints procedure. I feel guilty; I feel as
though I should have complained to the Welsh Language Commissioner
at times, not only about public bodies, but about private companies
in Wales, which operate here. We have, for example, these companies
changing the face of Wales. In the town where I live, a new estate
is being built that’s called ‘Kingsmead’. It is
being built on a place that is, perhaps, world-famous for
Fireman Sam—Sam Tân. It’s being
built on Pontypandy. Well, that is Pontypandy, it’s not
Kingsmead. This is not Surrey, this is Wales.
|
09:45
|
[108]
Bethan
Jenkins: We’re trying
to legislate for that.
|
[109]
Lindsay
Whittle: This is Wales that
you live in. I think that your simplifying of complaints is very
welcome, and I’m wondering if you could tell us what the
impact of that would be. And I promise you I’ll complain
every time next year.
|
[110]
Ms
Huws: Diolch yn fawr. Rŷm ni wedi sylweddoli, fel rŷch chi
newydd egluro, bod system gwynion sydd yn drafferthus yn atal pobl
rhag gwneud cwynion. Maen nhw’n meddwl, ‘Wel, nid oes
amser gyda fi’. Felly, rwy’n credu, y flwyddyn nesaf
fydd y cyfnod lle byddwn yn gweld a ydy hyn yn gweithio. Eleni,
rydym ni wedi ystwytho’r system, ac rŷm ni hefyd wedi
gwneud rhywfaint o waith codi ymwybyddiaeth ymysg y cyhoedd
o’u gallu nhw a’u cyfrifoldeb nhw, efallai, i gwyno pan
maen nhw’n gweld rhywbeth. Rwy’n credu, os ydw
i’n eistedd yn fan hyn y flwyddyn nesaf, a fy mod i ddim wedi
diflannu, byddaf i mewn sefyllfa i ddweud beth sydd wedi
gweithio.
|
Ms
Huws: Thank you very
much. We have come to the realisation, as you have just explained,
that a complaints system that is onerous does actually prevent
people from making complaints. They think, ‘Well, I
don’t have time’. So, I think next year will be the
period where we see whether this works or not. This year, we have
streamlined the system and we have also carried out some
awareness-raising work among the public of their ability and their
responsibility, perhaps, to complain when they see reason for
complaint. I think, if I’m sitting here next year, and I
haven’t disappeared, I will be in a position to say what has
worked.
|
[111]
Rŷm ni wedi gweld eleni yn barod cynnydd yn nifer y
cwynion sydd wedi dod trwyddo ar y pwynt yma yn y flwyddyn. Hefyd,
rŷm ni’n gweld newid yn ansawdd y cwynion—bod pobl
yn gwybod sut i gwyno, a pha fath o wybodaeth rŷm ni ei
eisiau. Felly, mae yna dwf, ond, yn sicr, flwyddyn nesaf, mi ddylwn
ni fod mewn sefyllfa i ddweud ei fod wedi gweithio neu fod yna
anawsterau o hyd. Ond mae cwyno yn bwysig. Mae’n bwysig,
bwysig i gael y math yna o wybodaeth er mwyn creu’r cyswllt
yna gyda’r sector gyhoeddus a phreifat.
|
We have seen this
year already an increase in the number of complaints that have been
submitted at this point during the year. We’re also seeing a
change in the quality of the complaints—that people are now
learning how to complain and what sort of information we need. So,
there has been some development, but, certainly, next year we
should be in a position to say that it has worked or that there are
still difficulties in the system. But complaints are important.
It’s extremely important that we receive that information in
order to create that link with the public and private
sectors.
|
[112]
Lindsay Whittle: Thank you. Diolch yn
fawr.
|
[113]
Christine Chapman: Thank you. Mark
|
[114]
Mark
Isherwood: Bore da. How
concerned are you by your findings that seven public bodies, since
October 2014, have failed to comply with clauses in their own Welsh
language schemes, and were there any similarities between those
findings, or failings?
|
[115]
Ms
Huws: Mae’n ddwy ochr y geiniog—mae’n dda bod yna
gwynion yn dod i mewn, er mwyn i ni gael ymchwiliadau, achos mae
hynny wedyn yn fodd i ni ddelio gyda sefydliadau, sicrhau eu bod
nhw’n deall yr hyn sy’n ddisgwyliedig ohonyn nhw, a
delio gyda hynny. Rwy’n siomedig—wrth gwrs y buaswn
i’n siomedig fel Comisiynydd y Gymraeg—bod unrhyw un yn
torri eu cynllun iaith.
|
Ms
Huws: There are two
halves to this walnut—it’s a good thing that complaints
are submitted, so that we can conduct investigations, because that
is a way for us to deal with organisations and ensure that they
understand what’s expected of them, and to deal with that.
I’m disappointed—of course I would be disappointed as
the Welsh Language Commissioner—that anyone should breach
their Welsh language scheme.
|
[116]
O
ran patrymau cwynion, rwy’n credu bod yna bethau amlwg, ac
maen nhw’n dal i ddigwydd, sef: derbynfeydd; galwadau
ffôn; gwefannau—gwefannau’n cael eu newid, gyda
newid i’r Saesneg ond neb o reidrwydd yn cofio bod angen
newid yr ochr Gymraeg hefyd. Felly, mae’r math yna o gwynion
pwysig ond lled weinyddol yn dod trwyddo. Yr hyn rydym wedi dechrau
gwneud, rwy’n credu, yw rhoi mwy o sylw i hynny a dweud eu
bod nhw’n bwysig; dyna’r pwynt cyswllt cyntaf
gyda’r cyhoedd.
|
In terms of the
patterns of complaints, I think there are prominent things, and
they still happen, namely: issues in reception areas; telephone
call-handling; websites—websites being updated, with the
English being updated and they’ve forgotten that they also
need to update the Welsh. So, those kinds of complaints that are
important but relatively administrative in nature have started to
come through. What we’ve started to do is to concentrate more
on that and say that they are important; that is the first point of
contact with the public.
|
[117]
Yr
elfen arall rydym yn gweld yn dod trwyddo yw’r rheini
sy’n ymwneud â methiannau systemig o fewn sefydliadau.
Rydym wedi cael ambell i gŵyn sydd wedi arwain at ymchwiliad
yn ddiweddar ynglŷn â phrosesau penodi anghenion
ieithyddol swydd—pethau sy’n bwysig iawn. Felly,
rŷm ni’n gweld y math yna o batrymau systemig, neu
fethiannau systemig o fewn sefydliad a hefyd methiannau jest o ran
darparu gwasanaethau a sylweddoli anghenion y cyhoedd.
|
The other element
that we see emerging are complaints related to systemic failures
within institutions. We’ve receive a few complaints that have
led to investigations recently on the processes of deciding on the
linguistic requirements of a job—very important things. So,
we do see that kind of systemic failure within organisations
emerging as well as the failures in providing services and actually
identifying the needs of the public and responding to
them.
|
[118]
Mae
yna tua wyth ymchwiliad naill ai ar agor neu wedi gorffen eleni.
Buaswn i’n dweud bod y rheini wedi bod yn ymarferion pwysig
iawn i’r sefydliadau o ran codi ymwybyddiaeth yn y
sefydliadau yna bod methu yn gallu arwain at ymchwiliad, ond bod
methu hefyd ddim yn rhoi’r gwasanaeth teilwng i’r
cyhoedd.
|
There are around
eight investigations that are either open or have been concluded
this year. I would say that those have been very important
exercises for the organisations in terms of raising awareness
within those bodies that failure can lead to an investigation, but
that failure also doesn’t provide the required service to the
public.
|
[119]
Mark
Isherwood: To what extent do
you think this is a learning process because it’s new, or
something more deeply embedded?
|
[120]
Ms
Huws: Wel,
buaswn i’n dadlau nad yw cynlluniau iaith yn newydd erbyn
hyn. Maen nhw wedi bodoli ers 1993, ac felly mi ddylen ni fod yn
gweld sefydliadau cyhoeddus yng Nghymru yn gweithredu o fewn eu
cynlluniau iaith. Ond mi fuaswn i yn cytuno ein bod ni yn gweld y
broses o ymchwilio yn broses ddysgu ac addysgu i’r sefydliad,
a dyna’r ffordd rŷm ni’n ei wneud ef. Rŷm
ni’n gwneud yr ymchwiliad, rŷm ni’n bwydo’r
canlyniadau yn ôl i’r sefydliad, rŷm ni’n
bwydo’r argymhellion yn ôl i’r sefydliad, ac wedyn
rŷm ni yn disgwyl gweld cynllun gwaith y tu ôl i hynny
sy’n cynnwys codi ymwybyddiaeth o fewn y sefydliad o
anghenion y cynllun iaith, a phwrpas y cynllun iaith.
|
Ms
Huws: Well, I would
argue that language schemes are nothing new. They’ve existed
since 1993, and therefore we should be seeing public authorities in
Wales working within their language schemes. But I would agree that
we are seeing the process of investigation as a learning process
for the institution, and that’s how we do it. We carry out
our investigation, we feed those results back to the organisations,
we provide recommendations to them, and then we do expect to see an
action plan that includes raising awareness within the organisation
itself in terms of the language scheme and the purpose of the
language scheme.
|
[121]
Mark
Isherwood: Okay. Thank you
very much. What implications, if any, do you feel there might be
for other organisations’ Welsh-language policies of your
rulings on two cases of interference with the freedom to use
Welsh?
|
[122]
Ms
Huws: Mae’r darn yma o’r Mesur yn ddatblygiad newydd.
Mae’r darn o’r Mesur sydd yn ymwneud â rhyddid
unigolyn i ddefnyddio’r Gymraeg yn heriol, rwy’n credu,
oherwydd ei fod yn ddarn newydd o ddeddfwriaeth, a chysyniad
newydd. Fel rŷch chi wedi cyfeirio, dau achos rŷm ni
wedi’u hystyried, a chynnal ymchwiliad i mewn iddynt. Un yn y
maes cyllid; rwy’n credu bod hynny wedi bod yn ddefnyddiol,
oherwydd fe wnaeth hynny ein gorfodi ni i ofyn cwestiynau sylfaenol
ynglŷn â’r ffordd roedd y rheoliadau cyllid
Prydeinig yn gweithio, a beth oedd eu goblygiadau nhw o ran y
Gymraeg. Mae hynny wedi bod yn ddefnyddiol, achos mae wedi arwain
at godi lefel o ymwybyddiaeth a chreu datrysiad. Mi oedd ambell i
sefydliad cyllido yn meddwl nad oeddent yn gallu—nad oedd
hawl gyda nhw i weithio trwy gyfrwng y Gymraeg achos eu bod
nhw’n torri rhyw reol, a bod yn rhaid iddyn nhw
ddefnyddio’r Saesneg. Fe gawson ni drafodaethau gyda’r
rheoleiddiwr cyllid ac mae yna eglurder ar hynny.
|
Ms
Huws: This part of the
Measure is a new development. The section of the Measure that
relates to an individual’s freedom to use the Welsh language
is challenging, I think, because it is a new piece of legislation
and a novel concept. As you’ve referred to, we have
considered two cases, and held investigations on them. One was in
the area of finance, and I think that was useful because that
forced us to ask some fundamental questions on the way in which the
UK finance regulations work, and what their implications were in
terms of the Welsh language. That’s been useful because
that’s raised the awareness level and has led to a solution.
There were a few finance bodies that felt that they weren’t
able—that they didn’t have a right to work through the
medium of Welsh because they were breaking some rule that they had
to work through the medium of English. We had some discussions with
the finance regulator and we’ve had clarity on that
now.
|
[123]
Yr
ail achos, wedyn, efallai oedd yr un i fi sydd yn bwysicach,
lle’r oedd yna honiad gan fam bod meddyg wedi’i stopio
hi rhag cyfathrebu trwy gyfrwng y Gymraeg gyda’i merch mewn
sefyllfa o drafodaeth feddygol. Mi oedd hynny’n bwysig achos
mi dderbyniodd yr awdurdod y cyfrifoldeb; mi dderbynion nhw'r
methiant sylfaenol o ran hawliau a oedd wedi digwydd yn fanna. Wrth
ddelio gyda’r achos, mae’r sefydliad yna wedi gwneud
gwaith codi ymwybyddiaeth ymysg swyddogion. Mae yna gynllun addysg
wedi dod o fewn y sefydliad y tu allan i hynny, ond yn fwy na
hynny, rwy’n credu ei bod wedi codi ymwybyddiaeth ymysg
sefydliadau iechyd a gofal yn gyffredinol. Rwy’n credu bod y
penderfyniad yna wedi bod yn un pwysig i’w wneud.
|
The second case,
then, was perhaps the more important one for me, where there was a
claim by a mother that a doctor had prevented her from
communicating through the medium of Welsh with her own daughter in
a situation where a medical consultation was taking place. That was
important because the authority accepted the responsibility; it
accepted that there was a fundamental failure in terms of rights
there. In dealing with that case, that organisation has carried out
some awareness-raising work among its officials. An education
programme has been introduced as a result of that, but more than
that, I think it raised awareness among health and care bodies more
generally. I think that that decisions was an important one to
take.
|
[124]
Christine
Chapman: Okay. I’ve
got a supplementary from Bethan, and I’ll come back to you
then.
|
[125]
Bethan Jenkins: Roeddwn i’n jest yn moyn gofyn yn fras, oherwydd gwnes i
gael cyfarfod â’r Royal College of General Practitioners
yr wythnos diwethaf—. Maen nhw’n dweud bod yna
erthyglau a llythyrau yn mynd i mewn i journals yn Lloegr
sy’n honni wedyn bod Cymru yn rhywle i beidio â gweithio
oherwydd y sefyllfa yr ydych chi’n siarad amdani. A ydych
chi’n poeni bod Cymru wedyn yn cael—? A oes yna fodd i
ymdrin â’r sefyllfa lle, wrth gwrs, mae yna safonau,
a’u bod yn gweithio, ond bod pobl yn sylweddoli nad yw Cymru
yn ddrws caeedig wedyn i bobl ddod yma i weithio—os ydyn
nhw’n meddwl bod yn rhaid iddyn nhw orfod cyfathrebu trwy
gyfrwng y Gymraeg?
|
Bethan
Jenkins: I just wanted to
ask, because I had a meeting with the Royal College of General
Practitioners last week—. They said that there are articles
and letters going into journals in England that allege that Wales
is then a bad place to work because of the situation that
you’re talking about. Are you concerned that Wales then
has—? Is there a way to deal with the situation, where, of
course, the standards are in place, and they work, but then that
people realise that Wales doesn’t have a closed door to
people coming here to work—if they think that they have to
communicate through the medium of Welsh?
|
[126]
Ms
Huws: Rwyf
innau hefyd wedi cael cyfarfodydd â’r colegau brenhinol
yn dilyn yr achos yr wyf newydd gyfeirio ato, ond hefyd yn dilyn yr
ymholiad iechyd, yr ymholiad gofal sylfaenol, y gwnaethom ni ei
gynnal ddwy flynedd yn ôl. Rwyf yn credu bod yna waith i godi
ymwybyddiaeth. Mae yna waith ar y cyd y gallem ni ei wneud, a
dyna’r bwriad. Byddwn ni’n gweithio gyda’r
colegau brenhinol i edrych ar sut y mae creu sefyllfa sydd yn
anrhydeddu ac yn cydnabod hawliau ieithyddol pobl yng Nghymru, ond
sydd ddim ychwaith yn creu sefyllfa o ddrws caeedig. Rwy’n
credu bod modd goroesi hynny. Mae’r un math o heriau yn codi
mewn gwledydd fel Canada, ac rwy’n credu bod yna fodd inni
edrych ar beth sydd wedi digwydd mewn gwledydd fel yna, a dwyn y
gorau, yn arbennig yn y meysydd iechyd a gofal cymdeithasol. Mae
yna gysylltiad agos rhyngom ni a beth sy’n digwydd yn y
meysydd hynny yng Nghanada trwy’r comisiynwyr iaith yng
Nghanada. So, mae yna fodelau y
gallwn ni edrych arnynt i greu sefyllfa ddiddorol yn hytrach
na chreu problem.
|
Ms
Huws: I too have had
meetings with the royal colleges as a result of the case that I
just mentioned, but also as a result of the inquiry into primary
care that we held some two years ago. I do believe that there is
awareness-raising work to be done. There is joint work that we can
do, and that’s the intention. We will work with the royal
colleges to consider how we create a situation that honours and
recognises the linguistic rights of people in Wales, but
doesn’t create a closed door situation in terms of those
coming in. I do think that we can overcome that. The same sort of
challenges arise in countries like Canada, and I do think that we
can look at the experiences of other nations and to actually adopt
best practice, particularly in health and social care.
There’s a very close relationship between ourselves and what
happens in Canada through the language commissioners in Canada. So,
there are models that we can look at to create an interesting
situation, rather than creating a problem.
|
[127]
Christine
Chapman: Mark, did you want
to come back?
|
[128]
Mark
Isherwood: Yes, again, in
relation to the allegations of interference with the freedom to
speak Welsh. You refer to two applications, there were 11 in total,
nine of which you were unable to consider. Is that a cause of
concern to you and, if so, how would you like to see that
addressed?
|
[129]
Ms
Huws: Fel
dywedais i, mae hwn yn ddarn newydd o ddeddfwriaeth, neu
mae’n gysyniad newydd o fewn y Mesur yma. Rŷm ni wedi
cymryd cyngor cyfreithiol ar beth yw cyfathrebiad pan fydd
deddfwriaeth yn gallu cael ei defnyddio. O’r naw na chafodd
eu hystyried, neu a gafodd eu hystyried ond aeth ddim yn gwynion
llawn, mewn ambell i achlysur, nid yr achwynydd oedd wedi dioddef,
felly roedd e’n gŵyn trydydd parti. Nid oedd modd
ymyrryd yn y sefyllfa yna. Hefyd, mewn ambell sefyllfa, nid
ymyrraeth oedd—nid rhywun yn rhwystro dau berson rhag siarad
Cymraeg ydoedd, ond person ddim isie siarad Cymraeg. So, dau berson
yn siarad, neb yn ymyrryd, ond person yn dweud, ‘Nid wyf i
isie siarad Cymraeg’, ac nid yw’r Mesur yn perthyn
i’r sefyllfa yna.
|
Ms
Huws: As I said, this is
a new piece of legislation, or it’s a new concept within this
Measure. We’ve taken legal advice on what is a communication
when the legislation can be applied. Of the nine that weren’t
considered, or were considered, but didn’t then transfer into
full complaints, on certain occasions, it wasn’t the
complainant who had suffered, so it was a third-party complaint. It
wasn’t possible to intervene in those situations. Also, in
certain circumstances, it wasn’t intervention—it
wasn’t someone preventing two people from speaking Welsh, but
a person not wanting to speak Welsh. So, there were two people
speaking, nobody was intervening, but one person was saying,
‘I don’t want to speak Welsh’, and the Measure is
not applicable in that situation.
|
[130]
Felly, rwy’n credu bod angen, efallai, edrych eto ar y
darn yma, neu gael fwy o eglurder. Wrth gwrs, trwy gael mwy o
achosion, bydd modd cael yr eglurder yna o beth yw seiliau
cyfreithiol y rhyddid i ddefnyddio’r Gymraeg a beth yw
ymyrraeth.
|
So, I do think
that we may need to look again at this part, or to have greater
clarity. Of course, by looking at additional cases, it will be
possible to get that clarity on what the legal basis of the freedom
to use the Welsh language is and what constitutes
intervention.
|
[131]
Christine
Chapman: Thank you.
Mike.
|
[132]
Mike
Hedges: Eight months ago,
you produced a report on banks. I understand, you can tell me if
I’m wrong, they don’t have a statutory obligation to
offer services bilingually. What’s happened since
then?
|
[133]
Ms
Huws: Reit. Cawn ni edrych yn gyntaf ar pam edrychom ni ar y sector
banciau. Wrth dderbyn cwynion am sectorau sydd ddim yn cael eu
rheoleiddio, mi oedd yna batrwm yn amlygu ei hunan. Fe gawsom ni
gwynion di-ri gan sefydliadau fel Merched y Wawr ac Undeb yr
Annibynwyr yng Nghymru, wrth eu bod nhw’n delio â
banciau, nad oedden nhw’n gallu cael y gwasanaeth trwy
gyfrwng y Gymraeg roedden nhw wedi arfer ei gael. Felly, fe
wnaethom ni ofyn y cwestiwn hollol sylfaenol: pam oedd
hynny’n digwydd? Yr hyn a oedd yn dod yn amlwg oedd bod
banciau, yn gyntaf, yn dechrau gwrthod sieciau a oedd wedi cael eu
hysgrifennu yn Gymraeg. Roedd yn anodd iawn newid mandad—os
oeddech chi’n sefydliad ac roeddech chi isie newid eich
mandad gweithredu, roedd ambell i fanc yn dweud bod yn rhaid
teithio o Faesteg i Aberystwyth os oeddech chi isie gwneud hynny
trwy gyfrwng y Gymraeg. Felly, fe wnaethom ni benderfynu cynnal yr
adolygiad, adolygiad byr, gan symud i mewn, edrych ar beth oedd yn
digwydd a cheisio datrysiadau, ac wedyn, ar ôl hynny,
benderfynu beth oedd y cyswllt gyda’r banciau.
|
Mr
Huws: Right. We’ll
look first at why we looked at the banking sector. In receiving
complaints about sectors that aren’t regulated, there was a
pattern that became clear. We received a whole host of complaints
from institutions such as Merched y Wawr and the Union of Welsh
Independents that as they dealt with banks, they couldn’t
receive the Welsh-language service that they were used to
receiving. So, we asked the fundamental question of why that was
happening. What became clear was that banks, first of all, were
rejecting cheques written in Welsh. It was very difficult to change
a mandate—if an institution wanted to change a mandate, some
banks said that they had to travel from Maesteg to Aberystwyth if
you wanted to do that through the medium of Welsh. So, we decided
to hold this investigation, a brief investigation, to go in, look
at what was happening and try to find solutions, and then, after
that, decide what the links to the banks were.
|
[134]
Yn
gryno, wrth fod banciau a bancio wedi newid o’r gwasanaeth
dros y cownter i ddibynnu ar dechnoleg, mae’r Gymraeg, ar
achlysur, wedi mynd ar goll. Lle’r oedd banciau yn
draddodiadol wedi bod yn weddol flaengar yng Nghymru, yn arbennig
yn yr ugeinfed ganrif—efallai ddim yn ystod y degawdau
diwethaf o ran datblygu gwasanaethau—. Ond wrth eu bod
nhw’n symud o’r gwasanaeth cownter i fancio ar-lein a
bancio ar y ffôn, nid oedd y gwasanaeth Cymraeg ar gael. So,
mi ysgrifennom ni’r adroddiad.
|
In summary, as
banks and banking have changed from the over-the-counter service to
depending on technology, the Welsh language, on occasion, has gone
missing. Where banks traditionally were quite progressive in Wales,
especially in the twentieth century—perhaps not over the past
two decades in developing services—. But as they moved from
the over-the-counter service to online banking and telephone
banking, the Welsh-language service wasn’t available. So, we
wrote the report.
|
[135]
Erbyn hyn, rŷm ni wedi cynnal dau seminar gyda’r
banciau, ac maen nhw wedi derbyn yr her o geisio
prif-ffrydio’r Gymraeg wrth iddyn nhw newid eu systemau
bancio. A fyddan nhw’n gallu gweithredu hynny? Bydd yn rhaid
inni weld. Ond rŷm ni wedi cynnal cyfarfodydd rownd y ford
gyda’r prif fanciau sydd ar y stryd fawr a hefyd gyda rhai
o’r banciau sydd yn dymuno bod ar y stryd fawr neu yn tyfu ar
y stryd fawr, ac rwyf i wedi cael fy nghalonogi bod yr ymateb yn
bositif. Y sialens nesaf fydd y gweithredu ar eu rhan nhw.
Mae’n rhwydd sicrhau bod rhywun yn siarad Cymraeg dros y
cownter yn Llanymddyfri. A yw e’r un mor hawdd i berswadio
rhywun sydd yn creu system dechnoleg yn Llundain, Efrog Newydd neu
Sbaen bod
y Gymraeg yn gorfod cael ei phrif-ffrydio i mewn i’r
ddarpariaeth yna? A dyna fydd y sialens.
|
By now,
we’ve held two seminars with the banks, and they’ve
accepted the challenge of trying to mainstream the Welsh language
as they changed their banking systems. Whether they will be able to
implement that remains to be seen. But we have had round-table
meetings with the main high street banks and also with some of the
banks that wish to be on the high street or are growing on the high
street, and I’ve been encouraged that the response is
positive. The next challenge will be action on their part.
It’s easy to ensure that somebody speaks Welsh over the
counter in Llandovery. Whether it’s just as easy to persuade
someone who is creating a system of technology in London, New York
or Spain that Welsh has to be mainstreamed into that particular
provision? That’s what the challenge will be.
|
10:00
|
[136]
Christine
Chapman: Okay. Thank you.
Mike.
|
[137]
Mike
Hedges: I’ll let
Janet come in.
|
[138]
Christine
Chapman: Well, we’ve
actually—
|
[139]
Mike
Hedges: Are we out of
time?
|
[140]
Christine
Chapman: Yes. I will bring
Janet in, because you have been—. We are running short of
time now, but—.
|
[141]
Janet Finch-Saunders: Right. I’ve
quite a few, really. I have concerns about community councils and
how they’re able to fulfil any requirements, given their
current precepts and things. But, talking about local government in
general, to what extent are you satisfied that the Welsh Government
has given sufficient consideration to the Welsh language in its
plans to restructure and reform local government to
date?
|
[142]
Mr
Sion: Ocê. Diolch. Fel y dywedais yn gynharach, rydym ni wedi
cael trafodaethau cynnar efo’r Gweinidog a’r gweision
sifil ynglŷn â’r broses ad-drefnu. Felly, yn amlwg,
rydym ni’n croesawu hynny. Rwy’n meddwl mai un peth y
byddwn ni’n ei ddweud fel sefydliad yw ein bod ni’n
gweld y broses ad-drefnu a’r broses o greu cynghorau sir
newydd fel cyfle gwych o ran y Gymraeg. Mae’n gyfle,
rwy’n meddwl, i sefydlu diwylliant a gweithdrefnau o’r
cychwyn un ar gyfer hyrwyddo’r Gymraeg o fewn awdurdodau
lleol newydd.
|
Mr
Sion: Okay. Thank you.
As I said earlier, we have had some initial discussions with the
Minister and civil servants on the reorganisation process. We
welcome that, of course. I think one thing we would say as a
commission is that we do see the process of reorganisation and the
process of creating new councils as being an excellent opportunity
for the Welsh language. It’s an opportunity, I think, to
establish a culture and procedures from the very outset in terms of
promoting the Welsh language within the new local
authorities.
|
[143]
O
ran hynny, mae’n bwysig bod nifer o sefydliadau yn ystyried
gofynion y Gymraeg—y Llywodraeth yn sicr, ond hefyd y
pwyllgorau pontio fydd yn cael eu sefydlu i ddarparu cyngor ac
argymhellion i’r cynghorau newydd, a hefyd Comisiwn Staff
i’r Gwasanaethau Cyhoeddus, fydd yn delio efo elfennau
staffio, a chomisiwn penodiadau’r sector gyhoeddus hefyd, ac
rydym ni wedi dechrau cael cyfarfodydd efo’r comisiynwyr
yna.
|
From that point of
view, it is important that many organisations take into account the
needs in terms of the Welsh language—the Government, most
certainly, but also the transitional committees that will be
established to provide advice and recommendations to the new
councils, and also the Public Services Staff Commission, which will
deal with staffing issues, and the public sector appointments
commission, and we have actually started to have meetings with
those commissioners.
|
[144]
Y
prif beth, yn amlwg, ydy cynllunio’r gweithlu, a sicrhau bod
staff sy’n medru'r Gymraeg yn y swyddi lle mae angen y
Gymraeg, ond hefyd mae rhai pethau eithaf penodol wedyn. Mae
arweiniad yn amlwg yn bwysig, felly mae cael arweiniad gan y
Llywodraeth yn y lle cyntaf yn bwysig, ac wedyn arweinwyr a phrif
weithredwyr y cynghorau sir newydd, a materion ymarferol fel
isadeiledd a systemau technoleg gwybodaeth. Mae creu cynghorau
newydd yn gyfle i geisio datrys pethau felly o’r cychwyn un.
Rydym ni’n ei weld e fel cyfle, rwy’n meddwl, ac rydym
yn croesawu’r trafodaethau cychwynnol rydym ni wedi eu cael
efo’r Llywodraeth hyd yma.
|
The main thing, of
course, is workforce planning, to ensure that staff who are able to
speak Welsh are in those posts where the Welsh language is a
requirement, but then there are some quite specific things.
Leadership is clearly important, and therefore having leadership
and guidance from Government initially is important, but also then
the leaders and chief executives of the new councils, and practical
matters, such as infrastructure and ICT systems. Creating new
councils is an opportunity to try to resolve those issues from the
very outset. So, we see it as an opportunity, and we welcome those
initial discussions that we’ve had with Government to
date.
|
[145]
Christine
Chapman: Okay. Janet,
I’m just concerned about time, because our next panel’s
here. If you’re happy, I would ask our panel if we can send
the remaining questions to you, and perhaps you could respond in
writing. I think we’ve had a very good session today, so
I’d like to thank you both for attending. We will send you a
transcript of the meeting, so that you can check to make sure that
there are no inaccuracies on the record. So, can I thank you for
coming in? I’m going to let the committee have a short break
now, and then we have the ombudsman coming in at 10.15 a.m. So,
thank you for attending, and we’ll close now until 10.15
a.m.
|
[146]
Ms
Huws: Diolch yn fawr, a Nadolig Llawen i chi gyd, hefyd.
|
Ms
Huws: Thank you very
much, and a Merry Christmas to you all.
|
[147]
Christine Chapman: Nadolig Llawen.
|
Christine
Chapman: Merry
Christmas.
|
Gohiriwyd y
cyfarfod rhwng 10:03 a 10:13.
The meeting adjourned between 10:03 and 10:13.
|
Ombwdsmon
Gwasanaethau Cyhoeddus Cymru: Trafod Adroddiad Blynyddol
2014-15
Public Services Ombudsman for Wales: Consideration of Annual Report
2014-2015
|
[148]
Christine
Chapman: Welcome back,
everyone. This session now, this part of the meeting, is to
consider the Public Services Ombudsman for Wales’s annual
report 2014-15. So, can I give a very warm welcome to our panel? I
wonder: could you introduce yourselves for the record to start off
with?
|
[149]
Mr
Bennett: Sure. Good
morning, Chair. My name’s Nick Bennett. I’m the Public
Services Ombudsman for Wales, and I’m joined by my two
colleagues today, Chris Vinestock, who’s chief operating
officer—who some of you might know—and Susan Hudson,
who I think you’ve also met before, who is head of policy and
communications.
|
[150]
Christine
Chapman: Okay, thank you.
Obviously, the Members will have seen the report, so I want to move
straight into questions. I know there’ll be quite a number of
questions that Members have. The first thing is that I just wanted
to ask about the overall increase in workload. I just wondered: to
what degree is the general upward trend in contacts to your office
a matter of concern? Do you think there is anything in particular
that needs addressing in this respect? Nick.
|
10:15
|
[151]
Mr
Bennett: Thank you. Well,
it’s of concern in two ways. First of all, since we’ve
seen more than a doubling of the amount of complaints that have
come to the office over the past 10 years, if that trend is to
continue—. Well, first of all, there’s the housekeeping
point. How do we continue to provide a good-quality complaints
service to the people of Wales? But, secondly, and, I think, the
broader point in terms of public services: what is this increase in
complaints telling us about bodies in jurisdiction? That’s
why we’ve sought to engage differently with those bodies in
jurisdiction. So, I think—you know, last year, 5,500 contacts
with the public. Our best customers, if you like—five or six
bodies in jurisdiction—are responsible for 25 per cent of the
complaints or the contacts that we get with the public. So, is it
possible for us to engage strategically with those organisations to
look at ways in which we can reduce the volume of complaints coming
to us from them, but also the way in which they go around dealing
with their customers? Are these bodies listening to their service
users? Do they have the correct corporate governance arrangements
in place to make sure that they are learning organisations? Have
they empowered front-line staff so that they can serve and respond
to the public adequately and in the right manner? So, that’s
why we’ve established a cadre of six improvement officers who
work with six bodies in jurisdiction. So, that’s what
we’ve been able to do in terms of operations.
|
[152]
Christine
Chapman: I’ll tell
you what, I’ll bring Gwyn Price in because I know that was a
specific thing. So, perhaps you can add to this then. Gwyn, do you
want to begin your questioning?
|
[153]
Gwyn R.
Price: Yes. Good morning
to you all. The ombudsman says that he has put in place an
innovation project to find further efficiency gains in dealing with
casework. I know perhaps he was going to expand, so could you
expand on that project?
|
[154]
Mr
Bennett: Yes. I’ll
ask my colleague, Chris, to touch on that in a second, but I think,
before I finish with the other issue here around improvement,
obviously innovation is an important area, and we were keen to look
at what we can do in terms of our current processes to make sure
that we abandon the unnecessary parts of that and do as much as we
can with those increasing volumes. So, in terms of the improvement
agenda, we can look at the staff complement, and we can perhaps try
and be more strategic in the way in which we engage with bodies in
jurisdiction. But what would really help as well, in terms of
legislation, is adopting the best practice that certainly exists in
Scotland, which is the Complaints Standards Authority. It’s
working there, and it’s providing open data, and it’s
giving the Scottish Parliament more power and more scrutiny to
improve complaints and service delivery in Scotland.
|
[155]
Christine
Chapman: Chris, do you want
to come in?
|
[156]
Mr
Vinestock: Yes, certainly.
Thank you. I think there are two distinct strands in terms of how
we try and manage the increase in work. One of them is obviously
about the improvement and driving improvement in public services,
and the other is looking at the way that we work and making sure
that we are as efficient as we can be. I think what’s clear
is that one of the key focuses is actually on the paper
processes—the documentary processes—and we’re
trying to move towards being less reliant on paper, having better
electronic records, being smarter in the way that we manage those
records. There are some benefits just in terms of time savings, if
we can get electronic records from health boards sent directly to
us, or from local authorities, rather than having to wait for
couriers and Royal Mail. So, there are benefits there. We’ve
also been looking at how we can streamline the investigation
process to make sure that we maintain robust investigations and we
maintain clear and robust reports, by making sure that the
investigation process itself is as efficient as it can be. So, for
example, we’re looking at how we can use interview recordings
and not necessarily have transcripts of everything, but store
recordings. We’ve been looking at using telephone interviews,
and using Skype or video-conferencing for interviews, rather than
to travel, necessarily, to have a face-to-face
interview.
|
[157]
We’ve been
working a lot on how records can actually be held, both within the
office but also managed by the bodies that are in our jurisdiction,
to try and make sure that they are in a format that can easily be
transferred to us.
|
[158]
We’ve also
identified—. Some of the other things that came out of the
innovation project were perhaps less, sort of, headline
improvements, but just some areas where we’ve realised that
we weren’t as clear as we could have been with complainants
at the start of the process about how things worked. So,
we’ve looked at our complaints forms, for example, to make
sure that we’ve got a very clear understanding of what the
complainant is consenting to and we’ve been looking at our
fact sheets again to make sure that, rather than dealing with
enquiries and questions later on, we’re as clear as we can be
upfront. I think there are other elements and, to some extent, the
innovation and improvement agendas merge in places. One of the
things we’ve got a greater focus on now is compliance, which
actually is about improving the interaction with the public bodies,
but it’s also about driving improvement in public
services.
|
[159]
I
think there was one other thing I was just going to mention. We
make extensive use of Parliamentary and Health Service Ombudsman
clinical advisers on health cases. One of the issues with that is
that that’s not within our direct control and there are
delays in the process of transferring case records up to the
Parliamentary and Health Service Ombudsman for them to then
allocate an adviser to and whatever. We will still have to use
those for some cases, but what we’re looking to do is make
much more use of our own advisers, who report directly to us and
are therefore able to give more specific advice.
|
[160]
Christine
Chapman: Chris, I’ll
come back to John, but I know that Bethan had a specific question
on this issue. Do you want come in, Bethan?
|
[161]
Bethan
Jenkins: Just quickly, as
you mentioned records, can I just ask, if the health authority or
another authority doesn’t have the
records—they’ve gone missing or they’ve been lost
or they’ve been deleted—what do you do in those
instances? How do you carry forth an investigation then?
|
[162]
Mr
Vinestock: That obviously
presents difficulties because, without records, you can’t
reach firm conclusions. What we try to do is make sure that we use
the records that we have got—we use statements from
complainants or from other people involved in the incident, whether
that’s in a health setting or elsewhere—but it does
limit our ability to investigate. What we try to do is make sure
that we don’t leap to either extreme. So, we don’t
simply assume that, in the absence of records, nothing went wrong,
but nor do we conclude that, in the absence of records, everything
went right. We are limited in what we can do, as you’d
expect, but we do try and draw on the evidence we can get and reach
a balanced view on what has happened and what we can deduce from
the records there are. But you’re right—it is an issue.
Clearly, to assume that everything is perfect or that
everything’s gone wrong on the basis of no records to prove
it either way is difficult. So, we do try and take a balanced
view.
|
[163]
Peter
Black: Would failure to
maintain records not in itself be maladministration?
|
[164]
Mr
Vinestock: Absolutely.
|
[165]
Mr
Bennett: Yes. We’ve
had a number of public interest reports as well that have
specifically referred to that failure.
|
[166]
Mr
Vinestock: Perhaps, if I
wasn’t clear, I think the question I was answering was
specifically about lost records, and that is a failure in itself.
One of the themes that happens in a number of complaints is where
records are actually not adequate in the first place, but I think
those are slightly different issues, but they are both,
potentially, maladministration.
|
[167]
Mr
Bennett: I just wanted to
point out that this does relate directly to the year in question
that we are presenting this report for. We did go out on the road
to north Wales, west Wales and south Wales with the Information
Commissioner this year, with the nine-point good administration
guide that we launched with them jointly, pointing out what people
should be doing in terms of record-keeping. So, we’re trying
to play a preventative approach there as far as we can as
well.
|
[168]
Christine
Chapman: Gwyn needs to
finish his questions and then, John, you had a supplementary on
part of this, so we’ll pick that up. Gwyn first.
|
[169]
Gwyn R.
Price: Thank you, Chair.
The annual report says that the upward trajectory of complaints
cannot be sustained indefinitely without additional resources. Can
you expand on that statement?
|
[170]
Mr
Bennett: Yes. Well, as
I’ve said, we’ve seen a doubling of volumes over the
past 10 years. Clearly, given that we’ve been through a
period of austerity, there are expectations that people can do more
with less. I think we’ve come to that point
now—we’re now handling twice as much with roughly the
same staff complement that we had 10 years ago. That’s why
the document refers to this issue of ‘turning the
curve’. Rather than just seeing that trajectory go on, up and
up and up forever, what can we do to turn that so that, first of
all, we can cope as an office, and, secondly, so that we can
promote better public services in Wales? That’s why
we’re keen on the improvement agenda. As I said earlier, 25
per cent of the complaints are coming from five or six bodies. We
can work with them, without giving up our independence or
impartiality, to promote good principles around complaints and
service delivery more generally.
|
[171]
Christine
Chapman: Can you remind us
what the five bodies are, just for—
|
[172]
Mr
Bennett: Well, there are
actually six that currently have improvement officers. They are
Betsi Cadwaladr University Local Health Board, Hywel Dda Local
Health Board, Cardiff and Vale University Local Health Board,
Aneurin Bevan Local Health Board and Abertawe Bro Morgannwg
University Local Health Board. Then, the only local authority so
far is Ceredigion County Council.
|
[173]
Christine
Chapman: Right, okay. Thank
you.
|
[174]
Gwyn R.
Price: So, do you think
that best practice, again, into those bodies as well, working with
you, could cut down some of the resources that were being expanded
before?
|
[175]
Mr
Bennett: Yes. I can’t
remember who originally said that, unfortunately in Wales, best
practice can be a bad traveller. The purpose of those six
improvement officers is to actively promote that best practice. We
have got the ability, certainly in terms of measuring data, to see
what happens to those bodies in jurisdiction year on year
now—you know, what the trend will be.
|
[176]
Gwyn R.
Price: Right. Thank
you.
|
[177]
Christine
Chapman: Okay, Gwyn? John,
do you want to come in?
|
[178]
John
Griffiths: Yes. Nick, you
mentioned the situation in Scotland and a body that’s been
created there. Could you say just a little bit more about what that
body does and how perhaps it might be a game changer in Wales? You
seem to be implying that it might be very useful for us to look at
that development in Scotland.
|
[179]
Mr
Bennett: Yes. First of all,
it sounds quite a grandiose institution—the Complaints
Standards Authority. I think it’s either two or one and a
half full-time members of staff in the Edinburgh office of the
Scottish Public Services Ombudsman. They work with bodies in
jurisdiction to design, deliver and then measure the impact of
complaints standards. So, five or six years ago—and I’m
paraphrasing some of the evidence that the Scottish ombudsman has
given in this place to the Finance Committee, I think, looking at
legislation there—five or six years ago in Scotland, 33 local
authorities, 33 different complaints procedures in those different
local authorities. No open data whatsoever. Now in Scotland, a
committee similar to this can ask the question: why is that 95 per
cent of complaints in Edinburgh are dealt with within five days
and, if one was to move to Dundee or some other
place—I’m just plucking some names here; I’ve
nothing against Dundee itself—that number might fall to 45
per cent or 40 per cent? It gives transparency and it allows for
greater scrutiny and, I think, meaningful data that would encourage
public service delivery bodies to up their game when it comes to
responding to citizens’ concerns.
|
[180]
John
Griffiths: So, that’s
not something you can decide to do yourselves at the current time,
then.
|
[181]
Mr
Bennett: No. We can do the
improvement agenda that I’ve previously alluded to, but we
need legislation to do this, because, I think, the ultimate
sanction for the Scottish ombudsman currently—and, similar to
me, the ultimate sanction that I have is the legislation that
you’ve provided me with—is to go back to the relevant
committee in Scotland, and he has the data at hand, which
shows—. He has a duty, I think, to report on anyone who will
not adopt that best practice, who will not come up with a proper
complaints standards system, and then, of course, he’s got
the data, which is open data.
|
[182]
John
Griffiths: Okay.
|
[183]
Christine
Chapman: Right.
Peter.
|
[184]
Peter
Black: Yes, thank you.
Your report indicates a 7 per cent increase in the number of
complaints about public bodies—5 per cent increase in local
government, and 126 per cent over the last five years for health
bodies. Do you have a reason why the number of complaints continues
to rise?
|
[185]
Mr
Bennett: In terms of health
or generally?
|
[186]
Peter
Black: Well, both,
really—councils and health bodies.
|
[187]
Mr
Bennett: In terms of
health, perhaps I’ll turn to my colleague. Susan, would you
like to—?
|
[188]
Ms
Hudson: In terms of a
general increase in complaints, there are a number of factors, the
general one being that people these days, as I’m sure
you’re aware, are more prepared to complain. We think
there’s more awareness of the ombudsman’s office.
Despite the fact that we’re keen to see the complaints going
down to the office in general terms, we do actually have an
awareness-raising agenda as well to make sure that those people
maybe who are in more vulnerable circumstances complain to the
office.
|
[189]
Looking at health
complaints in and of themselves, I think that there are general
higher expectations of the NHS and services provided these days.
Increasingly now, we have a population that actually can’t
remember what it was like when the NHS didn’t actually
exist.
|
10:30
|
[190]
We’ve
already alluded to poor complaints handling by bodies in
jurisdiction. That’s something that needs to be improved. I
think everybody accepts there are general pressures on the NHS
itself in terms of service delivery, and that will also inevitably
generate complaints, against the background, of course, of an
ageing population in Wales.
|
[191]
Turning to
councils, then, and the 5 per cent increase, in prior years, there
has been a pretty much stable number of complaints coming to the
office. We did see the 5 per cent increase last year. We looked to
see why that might be—whether there were any areas of
concern—and generally there was a rise across the whole
spectrum of services that councils provide. That said, we are
actually keeping an eye on the issue around social services at the
moment. Back in 2013-14, we reported that we’d seen a 19 per
cent increase in the year previous to that. Now, that’s
against a much lower base than the number of health complaints that
we get. Last year, that was pretty much stable against that year,
but, currently, as of today, we are again seeing a significant
increase against the number of social services complaints that we
had last year—21 per cent. So, if we project that to the end
of this year, we would be looking at potentially an increase of
around about 45 per cent against the position in 2012-13. So, that
is an area that we are keeping a close eye on to see what trends
might emerge from that.
|
[192]
Peter
Black: Both social
services and health have got fairly well established complaints
procedures—you know, the three-stage procedures. Are all the
complaints going through those stages or do people tend to
short-circuit them?
|
[193]
Ms
Hudson: They have gone
through those stages—
|
[194]
Peter
Black: Gosh.
|
[195]
Ms
Hudson: We would expect
public bodies to have the opportunity to respond to the complaints
initially before they actually come to us.
|
[196]
Peter
Black: So, in a sense,
these bodies are not properly responding—
|
[197]
Ms
Hudson: Correct.
|
[198]
Peter
Black: Are all these
complaints admissible? That’s the other question, I
think.
|
[199]
Ms
Hudson: Sorry?
|
[200]
Peter
Black: Are all these
complaints admissible or—
|
[201]
Ms
Hudson: Yes.
|
[202]
Peter
Black: They are. So, in a
sense, then, the complaints process of both the health boards and
social services don’t appear to be doing the job.
|
[203]
Ms
Hudson: No. I mean, when I
say ‘admissable’, there will be a proportion of those
that will be premature, i.e. they haven’t had the opportunity
and will be referred back. Nevertheless, we are looking at more
social services complaints.
|
[204]
Peter
Black: I know you
don’t have the power to initiate your own inquiries, but are
you liaising with Healthcare Inspectorate Wales and the Care and
Social Services Inspectorate Wales about trends that are emerging,
particularly in terms of how their complaints procedures
don’t appear to be doing the job?
|
[205]
Mr
Bennett: Yes, and also, as
to the improvement officer role that I explained earlier, five out
of the six post holders are working with health bodies. So,
it’s back to this issue of the culture of complaints and
improving that culture—and corporate governance as well. You
know, where does this sit? In terms of the board, who’s
holding the executive to account? Where are the improvements?
Where’s the learning? Where is the ongoing learning so that
we can minimise the risk of similar complaints emerging in the
future?
|
[206]
Peter
Black: I know
you’ve produced case studies and, of course, you’ve got
your reports. Are you able to produce public interest reports, if
you like, about particular trends and issues arising? Do you have
the power to do that?
|
[207]
Mr
Bennett: We have the power
currently to issue thematic reports. We haven’t done them for
very long. I think we did one on—was it housing and
homelessness some years ago? So, there will be a thematic report
that is health-related that we’ll be publishing in the new
year.
|
[208]
Peter
Black: And social
services as well?
|
[209]
Mr
Bennett: There are no
immediate plans to do anything on social services, but certainly
health in the new year.
|
[210]
Peter
Black: Okay,
thanks.
|
[211]
Christine
Chapman: I’ve got a
supplementary from Mark. Do you want to come in?
|
[212]
Mark
Isherwood: Thank you, yes. It
seems also that health and social care complaints reaching you have
increased since the independent stages were removed from those
complaints processes. So, there used to be an independent body that
health complaints could go to before coming to you, and the
independent stage for social care complaints has also gone. Do you
think that could be a factor? Would the replacement of some interim
independent stage take some of that pressure off you and reduce the
number of cases that perhaps shouldn’t be coming to you but
are because there is nowhere else for them to go?
|
[213]
Mr
Bennett: No. In terms of
the work that we’ve done, certainly looking at what we think
needs to change for the future, I wouldn’t like to see us
going back, if you like. I think we’ve got to look at: what
does absolute best practice look like? I do have regular meetings
with other jurisdictions—and I would say this, wouldn’t
I—and the level of praise put towards the 2005 Act—.
The Welsh legislation is currently seen as being the best in its
class in terms of independence of the ombudsman, and various
aspects of the legislation. It’s seen as being very good.
However, I’m concerned that we might lose that lead, if you
like, over other jurisdictions. There’s going to be a new
Northern Irish Bill coming into force at Easter. The Cabinet
Office, under Oliver Letwin’s leadership, are looking very
seriously at a new, converged public services ombudsman for
England. Scotland has led the way when it comes to complaints
handling. It looks like England and Scotland will adopt that
legislation as well. So, what I am saying is that there’s a
risk here if we don’t look at the very good work that was
done by the Finance Committee. I know there are Members here who
are also members of the Finance Committee. They really did take a
very good look at the current state of legislation, not just in
Wales but in other jurisdictions. That’s the work that I
think would add the most value to making sure that we do as much as
we can for the future.
|
[214]
Christine
Chapman: Okay.
Bethan.
|
[215]
Bethan
Jenkins: I think I could be
here all day asking questions on this issue. I’ve had so many
complaints. It’s probably for the lay person. I think quite a
lot of people don’t understand how their rights work, how
they can communicate, how they can do that in a way that they
understand. I heard earlier what you were saying about people who
might not have the skills, potentially, to be able to raise those
complaints. How are you trying to open it up so that it’s not
just the usual suspects, so that communities across Wales can see
it as a way in which they can be empowered to complain, not see it
as a way in which they can gripe towards something that’s
been ongoing for years? I think that’s something that really
hits home to me from my experience.
|
[216]
Mr
Bennett: There can be
confusion when it comes to the broader issues of administrative
justice. People don’t know where to go, or perhaps some of
the places that they used to go, certainly in terms of the tribunal
system, have changed as a result of cuts and other issues. But
I’m very clear, in terms of our services: whilst we do have
the challenge of an ever-increasing number of complaints,
it’s important that we’re not just providing a service
for those people who know where we are and how to use
us.
|
[217]
So,
for example, one of the issues that I’ve never liked about
the current legislation, excellent as it is generally, is the fact
that it says we will only consider written complaints. What kind of
message does that send to somebody who might have what can be the
stigma of a literacy issue or whatever else. They might need public
services, and good-quality public services, more than anyone else,
and immediately at the first stop they think that they can’t
complain. We do work with people who have literacy issues, or feel
that they can’t just submit a written response. To do that
typically, our complaints advice team might take some hours to go
through the issues with somebody, to list the nature of their
complaint, then send it back to the complainant. We would get 50
per cent of those complaints back. So, when somebody maybe has an
advocate, a member of the family, a broader network, or a neighbour
or whoever they can turn to, the likelihood is we get it back. But
for 50 per cent we don’t. So another thing that I would
really like to see with this legislation is to get rid of this
requirement that we only consider written, because I think it sends
a bad message to people who might have literacy issues. Also,
information revolution—I think we can be a bit more ambitious
there. But also, currently it does state that we can only not
consider a written complaint where I exercise my discretion, which
is a bit feudal, really—isn’t it—in terms of
‘I may do or I may not’. I think that people across
Wales should have a level of expectation that isn’t dependent
upon my discretion. They should just have that access. So, again,
in terms of looking the future, it’s something that the
Finance Committee looked at, and it’s another difference that
we could make.
|
[218]
Bethan
Jenkins: I totally agree
with that. I think we have to make it easier for Welsh people to be
able to engage with the processes, and that’s one way of
being able to.
|
[219]
The
other question I had was with regard to the lack of—I think
Peter touched on it—initial investigations, perhaps by public
bodies, in terms of how they could be better dealing with the
processes before they get to you. So, if you could answer that. My
second question is: I read a lot of local authorities’
self-analysis of how good they are on their annual reports, or on
their services. Do you scrutinise that or interrogate that, because
I would have a very different view to many local authorities as to
their performance, as to the view they have of their own
performances? So, that would be something that, if you don’t
have the power to do, I would want you to have the power to
do.
|
[220]
Mr
Bennett: Certainly, through
looking at this improvement function—and this has been a
departure for us and it does involve a risk because, as I was
saying earlier, we have this huge increase in volume and we are now
taking some of our resource and using it to actually develop
relationships with those bodies that have a very high level of
complaints. So, that does require a much deeper knowledge of the
organisation. What’s their corporate culture like? So, behind
those documents that exist—you know, the self-assessment that
says that this is wonderful—what’s really going on?
What’s the culture like? What’s the leadership like? I
mentioned earlier corporate governance. Who’s holding the
executive to account here? Is there genuine evidence that
they’re trying to learn and to improve? Data can say so much.
Some of the numbers that I remember in terms of local government,
specifically—and it’s one of the reasons why we
selected Ceredigion when it came to the improvement
agenda—are: last year, roughly, 850 complaints about local
government; 30 were upheld and a third of them were in Ceredigion.
So, data can be very powerful in terms of where it takes
you—
|
[221]
Bethan
Jenkins: Does that just
mean, though, that more people complained in Ceredigion? Why would
you single that out purely on that basis, because—
|
[222]
Mr
Bennett: No, no. More
people complained about other areas, but we had over 800
complaints. Having gone through and investigated them, we only
upheld 30 across Wales. Of the 30 that we upheld, almost a third
were in the fourth smallest local authority in Wales. So, you know,
it tells you something in terms of—. Regardless of literature
anywhere, why is that happening there, and how can we, you
know—?
|
[223]
Bethan
Jenkins: My final question
is with regard to homelessness. There seems to be a lack of
accountability in that regard, and local authorities are not taking
forward their statutory obligations. Is this something you can
expand on in that regard?
|
[224]
Mr
Bennett: Well, certainly,
it was a concern when we did the original thematic reports on
homelessness some time ago. I think, if I turn to Susan—would
you like said that more about this?
|
[225]
Ms
Hudson: We’ve
referred to the ombudsman’s casebook that we issue on a
quarterly basis. As part of the lessons learned section that we
have in that casebook, we have identified issues around
homelessness still taking place. For example, we had a complaint
from somebody who had gone to a council reporting domestic abuse
and asking to be rehoused. The staff concerned didn’t follow
the relevant procedures in that regard and they failed to carry out
the homelessness enquiry that they should have done. So, the
ombudsman got involved, we raised it with the council, they
accepted that they hadn’t acted in the way that they should
have, they did accept that this person should have been considered
as being homeless and then they acted accordingly to find a
placement. So, there are examples of cases such as this still
occurring.
|
[226]
Another example is
somebody presenting themselves as being homeless, staff not being
as diligent as they should have been in pursuing all the particular
aspects of that person’s circumstances during their
enquiries. Had they done so, the pointing would have been carried
out properly and, again, the homelessness duty would have kicked in
there. So, there are still examples of these sorts of things
occurring. But, fundamentally, it’s generally about ensuring
that staff are properly trained at an adequate level to undertake
the assessments that they’re undertaking. Sometimes, there
are gaps identified in guidance that’s being provided to
staff, but it’s generally, fundamentally, a training
issue.
|
[227]
Bethan
Jenkins: Has that increased
since many of the councils have transferred stock over to either
third sector or social enterprise or—?
|
[228]
Ms
Hudson: I wouldn’t
say that that was a factor. It’s not something that’s
emerged from the cases that we’ve looked at.
|
[229]
Christine
Chapman: I’m sure all
of us will be aware of cases where it’s gone to the
ombudsman’s office, and obviously people don’t like the
decision, and then there are complaints about you as an
organisation. Could you say something about that—whether
they’re increasing or—? I mean, how is that
working?
|
[230]
Mr
Bennett: We have seen a
very small level of increase, I think that’s perhaps because
we’re trying to deal with increasing volumes on a much
quicker basis. It’s unfortunate when that occurs. You cannot
please all of the people all of the time—I accept that. But I
think we have to be clear as well about areas where we could
improve.
|
10:45
|
[231]
We
don’t want to be complacent here, either. Again, there are
aspects of best practice. We will be looking at issues like having
sounding boards. So, how we can have, you know, focus groups of our
service users. Also, with bodies in jurisdiction, there might be
some issues there, where we can learn a bit from them. So, we
don’t want to be too high and mighty in terms of our ability
to improve our service-handling for the future as well.
|
[232]
Christine
Chapman: Okay. Thank you.
Janet, do you want to ask your questions?
|
[233]
Janet
Finch-Saunders: I’m like
Bethan, really. The annual report says that the ombudsman will be
placing greater emphasis on data gathering to find those trends and
patterns of complaints. How exactly is your office, you know, sort
of—? Why do you think you need to include that data
gathering, and what will be the impact of this?
|
[234]
Mr
Bennett: Okay. Well, first
of all, in terms of the ‘why’—I’m probably
safer on the ‘why’ than what the impact will be in the
longer term. We’ve got 5,500 contacts with the Welsh public
every year who are unhappy. Now, there will be some that we
can’t help, but I think overall, there’s got to be some
wealth there—some insight—in terms of what’s
going on. That’s already informed us in terms of the
improvement agenda, and some of the things that we can see in terms
of top-level stats, but we’d like to be more ambitious, not
just in terms of the contacts that we have with individual bodies
in jurisdiction through improvement, but in terms of our data
gathering and the current systems that we have in place. I think we
can get more granular detail and use that for more targeted
improvement. So, it’s not just, ‘Oh, there’s a
governance issue at a certain health board’, but,
‘Look; it’s over there. It’s that service. This
is why’. So, I think I’d like us to be more targeted in
the future and be able to have more meaningful conversations with
bodies in jurisdiction, and to provide more incisive data to you as
a committee in the future.
|
[235]
Janet
Finch-Saunders: I have a very
simple request of you as well. As an Assembly Member now, nearly
coming up to the end of the term that I’ve been elected,
I’ve tried to work through the complaints processes of the
particular public bodies, and I’ve just found it like hitting
my head against a brick wall. Abysmal complaints processes in the
local health board, Betsi Cadwaladr. I’ve raised it on the
floor of the Senedd, and I’ve seen no improvement; yet our
board is in special measures. I’ve now, for the first time,
reverted two cases to you. Those are going through your processes.
I’m a little bit not sure. I’m even thinking now,
‘How do I keep a handle on this when
I’ve—’. You know, they’re two very serious
cases, and it’s very difficult for me, as an AM, to know that
they are being handled at your end because it sort of then becomes
more involved between you and the people who’ve come to me.
All I would ask is that there’s greater engagement with you
and the new intake of AMs, because I’ve found navigating my
way around the systems—you know, Wales Audit Office,
yourself, the complaints systems of local authorities and other
public bodies—. I’ve found it quite hard for me to
navigate my way around. All I would say is: I think that AMs really
need to engage more with you. Because, at the end of the day, when
things go wrong with public bodies, that’s a lot of our
casework, and sometimes it can be that somebody just doesn’t
know how to write a letter effectively to you. So, we become almost
their—. You know, we really support them through it; we
handle their case, we write, we chase and we hand-hold a lot of the
time. I just think there needs to be a clearer, more streamlined
way of how your processes work for us as AMs.
|
[236]
Christine
Chapman: Have you got any
plans, on the point made by Janet, for after the Assembly elections
next year, about an engagement strategy, then, with
the—
|
[237]
Janet
Finch-Saunders: It’s not
part of our induction—how to deal with people like
yourselves.
|
[238]
Mr
Bennett: Well, I’m very happy to do something specifically for
the new intake, for a number of reasons—for the very good
reasons that Janet mentioned, but also for very selfish reasons,
given that there’s been extensive consultation on a new Act.
I was very grateful to the Finance Committee and to this committee
for the attention that they’ve given to ombudsman issues.
Clearly, if people are stepping down with a lot of knowledge,
that’s a real loss to our office. So, I’m very keen to
engage with the new intake, but very keen as well that we have a
new Act, following the election. I think that all that anyone and
everyone could do here to make sure that there is a cross-party
consensus on that, and we continue to have best-in-class
legislation, I’ll be very grateful to you
indeed.
|
[239]
Christine
Chapman: Okay. Thank you.
Shall we move on then? Mike, I think you’ve got a
question.
|
[240]
Mike
Hedges: [Inaudible.]—if
it wasn’t the code of conduct being discussed? I’m sure
you’re very pleased that the number against local councillors
has effectively stabilised. What can be done to bring it down?
Maybe I missed it, but I didn’t see how many were
councillor-on-councillor complaints. What can be done to try and
stop that happening? It’s going to up in election year,
because it always goes up in election year. We’ll probably
have a bit of a blip early next year if any councillors are
standing for election. It’s just fundamentally wrong that
people are using the ombudsman service as part of an election
campaign. I think that I would urge you to come to some sort of
position where making complaints that have very little merit,
because there were 178 that you threw out—telling people that
continuing to do that will actually itself be a breach of the code,
and that you will take action against them. I know that your
predecessor, at some stage, gave a warning letter to one or two
individuals who used to complain almost weekly. But it really,
perhaps, some of this—. Sorry, I know I’m rambling a
bit. But some of these things, people are just using it as an
election and political activity because somebody else is standing
for election. I think it’s something that we really need to
stop. It’s a waste of your time. Your role is not to take
part in helping or hindering the election of
individuals.
|
[241]
Mr
Bennett: No. Well, I agree
with that. I am pleased that numbers are coming down, but
you’re quite right to point out that they tend to spike every
time there’s a local election in particular. So, I await the
next local elections with bated breath. That said, the current
position is as you state, Mike, that vexatiousness is a breach of
the code in itself, No. 1. So, I am ready and willing to use my
powers there, where I see that level of vexatiousness. Some of this
stuff—. I think one of the crackers from the 2014-15
year—we should have a little section on them, maybe, in the
annual report, and it would make it more interesting
document—was ‘he was clicking his pen in an aggressive
manner’, you know, ‘he cracked a joke that wasn’t
funny’. I’ve said it before, I’m not the
ombudsman for senses of humour. And there have been a few other
classics along the way as well. How on earth can I or my office
investigate that? The other issue, and much more serious issue,
really, in terms of the reasons why I’ve changed the test,
the second part of the test, now—. First of all: is there a
breach, but, secondly, is it in the public interest for us to do
anything about this? Why should I use ‘public
interest’? Because I seem to remember the Nolan principles
include leadership. Now, if I’m getting 5,500 contacts with
the public, some of whom are bereft because they’ve lost a
close member of their family, their cancer treatment’s gone
wrong—. Should anyone in public life be seeking to use my
office to pursue pen-clicking investigations when we’ve got
that kind of stuff coming in? So, that’s the push-back in
terms of the level of behaviour and leadership I would expect from
anybody in public life, and that’s why the public interest
test is there.
|
[242]
Mike
Hedges: Thank
you.
|
[243]
Christine
Chapman: Okay,
Mike.
|
[244]
Bethan
Jenkins: I’ve never
wanted to clap before in a committee, but I feel like I need
to.
|
[245]
Mr
Bennett: And I’ve
never been applauded in one, so feel free.
[Laughter.]
|
[246]
Christine
Chapman: Mark, have you got
any questions?
|
[247]
Mark
Isherwood: Yes. I think
you’ve partly answered it, but what needs to happen to ensure
that more code-of-conduct complaints are dealt with at a local
level rather than coming to yourself?
|
[248]
Mr
Bennett: Well, I think that
more local resolution is a good thing. It’s certainly been of
huge value over the last few years in reducing the numbers. We have
to be more robust as well in terms of what we refer back. So, some
of this is down to us as well. But I think it’s also the
willingness of local authority standards boards and monitoring
officers to take on this work. I think, if we are looking at
further change in terms of the structure of local government for
the future, then that’s a good thing to do. But, even given
the current structure, it is still—you know, all politics is
local. I think it’s in the interests of local areas to try
and resolve this rather than it escalate to an all-Wales level. So,
I’m happy to go out there and talk to monitoring officers. We
had the opportunity to do that in October. There was a standards
conference in Cardiff that had all 22 local authorities there.
Recently I’ve been out to see Pembrokeshire, and I have
colleagues that have been to see Swansea, and there have been
some—. Last year, we went up to see the regional committee
that exists—some good practice going on in north Wales there.
So, we’re happy to promote this and we hope that it’s
adopted. I’ve heard some encouraging noises that Swansea are
likely to do more in terms of local resolution as well.
|
[249]
Mark
Isherwood: You referred, I
think twice, in your evidence this morning to corporate governance
and, ‘Who is holding the executive to account?’ Both
your predecessor and you, I think, have become particularly
concerned about this, where high-profile and resource and
cost-intensive cases were actually brought by officers. So, where
that situation might arise, and there are certain councils were
Damocles’s sword hangs above members—‘Don’t
you dare do this or the officers or somebody will refer you to the
ombudsman’—. So, where there’s a potential
conflict of interest, how do you address that in a situation like
that? Should the monitoring officer be prohibited from being party
to a complaint, unless they are the victim themselves, so that they
can be impartial in conducting local mediation and, hopefully,
resolution? What should the monitoring officer be doing if one of
the parties, or both parties, to a disagreement or complaint renege
on the agreed local settlement?
|
[250]
Peter
Black: Chair, before we
go on, can I just declare that I’m a member of Swansea
council as it’s been mentioned a few times?
|
[251]
Mark
Isherwood: I have practical
examples of all these—
|
[252]
Mike
Hedges: And made
complaints.
|
[253]
Mr
Bennett: Okay. Well, we
provide extensive guidance in terms of code-of-conduct issues for
both the 22 unitary authorities and also the 735 community and town
councils in Wales. So, if there’s anything there that’s
not clear—any ambiguities—then, certainly, the approach
we’ve always taken is that we’re available, and my
colleagues and also the legal adviser, who can’t join us
today, would always be available to provide detailed advice to any
monitoring officer facing those issues.
|
[254]
Mark
Isherwood: But do you agree
that a monitoring officer should not be party to the complaint or
be involved in seeking resolution of that complaint, unless, of
course, they’re the victim?
|
[255]
Mr
Bennett: Well, as I say,
I’m not going to get into detailed scenarios here
today.
|
[256]
Mark
Isherwood: Not specifically
naming cases, but as a general rule. Yes.
|
[257]
Christine
Chapman: Janet,
you’ve got a supplementary.
|
[258]
Janet
Finch-Saunders: Yes. On another
tack from Mark, one thing that I’ve raised a lot in the
Chamber, as shadow Minister for local government, is about
democratic accountability. Quite often, everybody assumes that
it’s the chief executive in terms of whether there is strong
corporate governance, and I believe that the political members of
the cabinet equally have that same duty. When did you last see a
leader’s or a member of a cabinet’s head roll because
of some mistake they made or some maladministration in their own
portfolio? Have you got any jurisdiction when it comes to
democratic accountability? I think it was your predecessor who
mentioned that there does appear in Wales—I could be wrong;
it might not have been him, but it was definitely in this
committee—. I wasn’t alone when we said that there is a
lack of democratic accountability in Wales.
|
[259]
Mr
Bennett: In terms of my
specific powers, when it comes to the code, it wouldn’t
include that kind of oversight. As I said, in terms of the
improvement agenda, that can include local authorities as well as
health boards. Now—
|
[260]
Janet
Finch-Saunders: But the actual
political structure of the cabinet as opposed to the chief exec and
officers.
|
[261]
Mr
Bennett: Yes. The critical
issue there, of course, is that we do have elections for local
authorities—
|
[262]
Janet
Finch-Saunders: That’s not a
strong enough argument.
|
[263]
Mr
Bennett: Well, if I can
finish my point, you would expect, in terms of corporate
governance, that an executive is held to account. Now, that can
happen through a health board by members of the health board, their
appointees. On a local government model, they’re elected.
Fundamentally, citizens in this country do have a vote and are able
to spot somebody, and it’s an easier link in terms of the
ballot box than it would be to a local government officer or,
indeed, I’d argue, to somebody who’s been appointed to
a health board.
|
[264]
Christine
Chapman: Okay.
John.
|
[265]
John
Griffiths: Just going back to
the way you organise the service, Nick, and the processes you have,
the satisfaction survey that you conducted showed just under two
thirds of respondents not receiving the service they expected to
get. So, I guess that begs a few questions as to what’s
underneath that—you know, to what extent are you effective in
getting the message out as to what you do, what can be expected of
you, and what your role is? So, since receiving that result, have
you done anything in terms of changing the way that you disseminate
information, the way that you promote the service and the way that
you communicate?
|
11:00
|
[266]
Mr
Bennett: Yes. Feedback is
important to us, and I think that we have to exercise the same
leadership that we would expect of bodies within jurisdiction, but
there can be a number of reasons why perhaps there are levels of
dissatisfaction with our service, which I think—. Susan might
like to touch on some of those issues. Susan.
|
[267]
Ms
Hudson: Yes, that’s
fine. In terms of the customer satisfaction survey work that we
undertake, up until about three years ago they always used to come
back anonymously to us. So, there wasn’t much that we could
do to understand what went behind the dissatisfaction being
expressed. We are now able to associate those responses that come
back in to individual case records, and it’s just a small
number of staff in the office that have access to that. So,
caseworkers don’t, et cetera.
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[268]
In
terms of the 31 per cent that were of the view that the service
didn’t provide them with what they expected, each and every
one of those were circumstances where the decision was taken not to
take their complaint forward. Now, in some certain circumstances
that was where the complaint was premature: i.e. the body concerned
hadn’t had the opportunity to respond. Sometimes it was just
out of the ombudsman’s jurisdiction in relation to the
legislation that he works to, et cetera. At other times, from the
paperwork that came to the office, there was no evidence that there
was any maladministration, so, nothing to take these cases
forward.
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[269]
So,
those are the circumstances behind why people thought they
hadn’t received the service that they were expecting to get.
Among the things that we’ve tried to do to address this is
that we’ve have put a lot of effort into what the front-line
team does—the complaints advice team. We produced a number of
fact sheets on various subject areas to try to explain what the
ombudsman can and cannot do in certain circumstances. Again, our
complaints advice team try to explain, at the inquiry level, to
people that they need to go to the public body first before
actually submitting a complaint to us and so on and so forth. So,
these are the sorts of things that we’ve been trying to do.
That said, we’re still looking to see how we can better
understand what the complainant’s experience of our service
is. We’ve been looking around to see what good practice might
look like. One of the things that we’re currently considering
is establishing some sounding boards. First of all, starting off
with people in the voluntary sector—those providing advice
and advocacy who have actually had the experience of helping
somebody to take their complaint through our system and so on and
so forth. So, that’s something else that we’re starting
to look at as what more we can do to understand what the issues
are, and what we could learn to try and improve what we
do.
|
[270]
John
Griffiths: Thank
you.
|
[271]
Christine
Chapman: Okay. Thank you.
Lindsay, did you have a question? I know that we’ve covered
some of this.
|
[272]
Lindsay
Whittle: Yes. Thanks very
much. Yes, a lot of it’s been covered. I don’t know
whether I ought to declare an interest because I’ve been a
councillor in Caerphilly for 40 years. It has been concentrating a
lot on local government, so perhaps I ought to put it on the
record. I wonder whether the ombudsman could explain how, exactly,
in the draft of the Bill you’ve described it as,
|
[273]
‘a once in a
generation opportunity to drive up standards of public service
delivery for the people of Wales’.
|
[274]
It’s a
really flamboyant statement. There’s nothing wrong with that.
I love flamboyant statements. I’ve made quite a few myself;
so, we’re on the same side. But I wonder whether you could
just elaborate more on that for me, please.
|
[275]
Christine
Chapman: Very
flamboyantly.
|
[276]
Lindsay
Whittle: As flamboyantly as
you wish.
|
[277]
Mr
Bennett: I shall try and
sustain that pace of flamboyancy. [Laughter.] It’s
certainly a once in a generation opportunity for me because
I’ve got a seven-year term—non-renewable—and
I’ve done a year and a half of it. Within that period,
I’ve learnt a huge amount, and I’ve really enjoyed
having that interaction with Scotland, Northern Ireland, England,
Malta, Gibraltar, Estonia. You name it. There are a lot of
ombudsman schemes out there. A number of them came and gave
evidence to the Finance Committee and really set out what needed to
be done. Now, my fear—and this goes back to some of the
issues that Janet and some of the others of you have raised as
well—is that, clearly now, we’ve done all this good
work. There’s been another period of consultation on what a
new Bill might look like. I do accept that it’ll be
impossible now to legislate before the Assembly elections in May,
but to me it would be a huge loss if we’ve gone to all this
trouble—. Peter and Mike were on the committee as well.
We’ve gone to all that trouble and got to a position where I
think there is an emerging consensus on what could be done to make
sure that we’ve got—. Surely, nobody here’s
saying that we’ve got too many levers at our disposal to
improve public services. I’m not—. I’m trying to
cool down the flamboyancy here. I’m not suggesting a new Act
would be a panacea, but it would help. It would help. We could have
own-initiative powers, which I think are examples of best practice.
They’re going to be part of the Northern Irish powers from
Easter; they’re on the agenda for England as well. I would
hate to see a position where we go from having perhaps the best set
of arrangements to something that doesn’t quite compare as
well with other jurisdictions in other parts of the UK. So, I think
my message, and I hope a not too flamboyant challenge, is that we
carry on being in the vanguard of good ombudsmanry legislation for
the future.
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[278]
Lindsay
Whittle: Okay. Thanks for
that. I’ll give you this opportunity. Last question, I
believe, through you, Chair: one of the powers it would give you is
to investigate a matter on your own initiative. Now, you’ve
got a fantastic opportunity here to frighten to death every chief
executive and politician in Wales. What sort of initiative—on
your own initiative, what sort of thing do you think you’d
like to investigate, then? Scare them to death, go on.
[Laughter.]
|
[279]
Mr
Bennett: Suddenly, any
flamboyant thoughts have gone from my head. [Laughter.]
I’ve just got the fear of anti-climax here. Own initiative
should be used not to scare any politician or chief executive; it
should be used to empower the weakest member of Welsh society. Who
complains—? Lindsay, you’ve touched on this. How do we
help those—? This should be about social justice—those
people who are the most vulnerable, the least able to just write me
a letter. Those are the people I want to help with own initiative.
Who complains for the homeless? That’s one of the issues that
you’ve raised today. What happens as we go through this
period now of the population ageing—. Was the figure that the
number of over-65s would be increasing by 35 per cent over the next
decade? Who complains when they simply do not have the sensory
ability to complain for the future and there’s less advocacy
and whatever else? Those are the issues for me.
|
[280]
Last
year, I gained competence in the area of social care. You will have
seen the likes of Sarah Rochira talk about the worries that she has
when it comes to care for older people. I was expecting a tsunami
of new complaints when it comes to social care provision, given
some of the reports we’ve seen. In 12 months, I’ve had
six complaints. Now, it might well be the case that we’ve
only got six people the length and breadth of Wales who are unhappy
with their care. I’m not sure I buy that. But I give you an
assurance: I do not want these powers for an ego trip for me or my
successor or for any fishing trips or whatever else. Give me those
powers; I’ve still got to come and see you every year and
justify why I did it, you know. It’s got to be about major
concerns that give voices to the voiceless, to those people who are
the most vulnerable. So, come the time to legislate, you
won’t be giving me powers, you will be empowering the weakest
members of society.
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[281]
Lindsay
Whittle: Could I thank the
ombudsman for that answer, Chair? It sends a message, actually, to
all chief executives and politicians that they’re only there
to serve the people underneath them, and that’s flamboyant
enough for me. Thanks very much, thank you.
|
[282]
Christine
Chapman: Thank you. But I
think that’s a great note to finish with. Is it going to
be—?
|
[283]
Mike
Hedges: It’s on this
last point, Chair. When you spoke to the Finance Committee when we
were doing this, one of the things you said was that, if an
organisation had, say, 12 care homes and you had complaints about
three, you could investigate the three that were complained about
but you couldn’t investigate the nine that hadn’t been
complained about until you actually got a complaint about them.
That was one of the reasons you gave for it, because, if there was
a systemic problem in an organisation, you had to wait for the
complaint rather than being able to take a proactive approach. Is
that still your view?
|
[284]
Mr
Bennett: It is. I’m
not sure I gave that precise example, but I’ll give you one
that’s close: currently, if someone was to complain to me
about their GP services—and this has happened—we
investigate. If we then find out that it’s a systemic issue
and it’s affecting the whole of the health board, we have to
go back to the complainant and say, ‘Sorry, you’ve
complained about the GP, and we’ve only got the power to
respond’—which is why own initiative’s
important—‘Would you mind submitting to us another
complaint about the health board? Now, going back to why we only
have a 64 per cent satisfaction level, I don’t think
that’s the most professional way of engaging with people who
are unhappy about their health services. Surely we should have the
power to say, ‘Well, look, you know, we’ve looked at
this; you thought it was the GP. It wasn’t; it’s a
systemic issue, and here’s the evidence that supports
that.’ So it’s really about being better at responding
to the citizen, but thank you for reminding me, Mike.
|
[285]
Christine
Chapman: Okay. As I said,
that’s a great note, I think, to finish the session on. So,
can I thank Nick very much, and Susan and Chris for attending? I
think it’s been an excellent session. If you can check
the record—we will send you a transcript so that you can
check that there aren’t any inaccuracies. So, can I wish you
a very good Christmas and thank you for attending?
|
[286]
Mr
Bennett: Okay, thank you
very much. A merry Christmas to you all as well. Nadolig
Llawen.
|
[287]
Christine
Chapman: Thank
you.
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11:10
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Cynnig o dan Reol
Sefydlog 17.42 i Benderfynu Gwahardd y Cyhoedd o’r
Cyfarfod
Motion under Standing Order 17.42 to Resolve to Exclude the Public
from the Meeting
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Cynnig:
|
Motion:
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bod y pwyllgor yn penderfynu gwahardd y cyhoedd o weddill y
cyfarfod yn unol â Rheol Sefydlog 17.42(vi).
|
that the committee
resolves to exclude the public from the remainder of the meeting in
accordance with Standing Order 17.42(vi).
|
Cynigiwyd y cynnig.
Motion moved.
|
[288]
Christine
Chapman: Before we close
the meeting, can I invite the committee to move into private
session so that we can discuss the evidence?
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Derbyniwyd y cynnig.
Motion agreed.
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Daeth rhan gyhoeddus y cyfarfod i ben am
11:10. The public part of
the meeting ended at 11:10.
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