Will the Cabinet Secretary confirm, based on any assessments that have been made and any legal advice received, whether it would be legally possible for the National Assembly for Wales to place duties on telecommunications companies if the proposals in the Welsh-language White Paper come into force? W
The proposals in our White Paper, 'Striking the right balance: proposals for a Welsh Language Bill', aim to assist us to deliver our vision for a million Welsh speakers by 2050.
I am advised that there is no specific express reservation in the Wales Act 2017 in respect of the Assembly's ability to place Welsh language duties on any private businesses. Under the reserved powers model that which is not reserved is devolved, provided what is proposed does not breach any of the other restrictions in the Wales Act.
There are specific express reservations in respect of certain matters, for example: financial services, including banking and insurance. Legislating about reserved matters is not within the power of the Assembly. However, there is also provision to the effect that, for example, imposing duties "in relation to the Welsh language" on persons falling within the scope of those other reservations is nevertheless permissible. Again, this is provided that what is proposed does not breach any of the other restrictions.
Following the public consultation, we will finalise our proposals for a Welsh Language Bill. The provisions of the Wales Act 2017 will require careful consideration in light of those proposals.