Drakeford forcing Commissioner to mention rights

Former First Minister Mark Drakeford had to ask the Welsh Language Commissioner to use the word 'right' in her own regulatory policy, according to information released to a language group.

The correspondence, which has been newly-published following a freedom of information request by Cymdeithas yr Iaith, lifts the lid on discussions between the offices of Mark Drakeford and Welsh Language Commissioner Efa Gruffudd Jones about a document that determines how she regulates.

The Welsh Language Commissioner's Enforcement Policy is the statutory document that outlines how the Commissioner carries out her regulatory work.

In March this year, Mr Drakeford, who was  Cabinet Secretary for Finance and the Welsh Language at the time wrote: "the only point where I didn't agree immediately was at paragraph 28. What is the objection to including reference to 'rights'?".

In subsequent correspondence, it was reported that the Commissioner and officials acting on the Minister’s instructions had held an informal discussion, saying: "She [the Commissioner] proposes to include a direct reference to the 'rights' of individuals within the context of the standards system in her foreword to the document."

The final policy was adopted at the end of March this year, and included the word 'right' in line with the Minister's request. 

"Having regard" to people’s rights arising from the Welsh Language Standards is part of the principal statutory aim of the Welsh Language Commissioner, a position established in 2011.

Campaigners say it is 'shocking' that a Minister had to tell the Welsh Language Commissioner that she should use the word 'right'.

They argue that this is only the latest example, in a series of steps Commissioner, Efa Gruffudd Jones has taken, to weaken the regulatory focus of her role.

Responding to the news, Siân Howys  from Cymdeithas yr Iaith said:

"We are very surprised and disappointed  that a Labour Minister had to tell the Commissioner that she should talk about rights to the Welsh language. Given that she has a statutory duty to respect and promote our language rights, it raises further major questions about what she does, and does not do. 

“We only have one statutory regulator for the Welsh language, only one champion. If she is not doing her job properly, there is no one else who has the powers to do it. Without a doubt, we are extremely dissatisfied with the Commissioner’s  lack of emphasis on ensuring Welsh language rights.   We cannot turn the tide in favour of the Welsh language with behavior like this from the Welsh Language Commissioner."

Cymdeithas yr Iaith has now written to the current Cabinet Minister for Education and the Welsh Language requesting a review of the work of the Welsh Language Commissioner and her compliance with statutory functions.

In the letter, the organisation lists several concerns about the way in which   the current Commissioner is carrying out her role, including:

• Failing to investigate the vast majority of valid complaints received: the percentage of investigations fell to an all-time low in 2024/25, at 26%;

• Moving the Commissioner's office to the Welsh Government headquarters in Cathays Park;

• Scrapping the Welsh Language Rights Day;

• Significantly weaken the body's Enforcement Policy and Strategic Plan, introducing a "co-regulation" agenda;

• Significantly reduce the number and nature of enforcement actions: 261 enforcement actions were imposed in 2021/22 but under the current Commissioner only 66 enforcement actions were imposed in 2024/25.

Siân Howys from Cymdeithas yr Iaith added:

"If we consider what Efa Gruffudd Jones has done since being appointed to the job - by a Labour First Minister at the time - it is clear that she has pushed an agenda that is contrary to her purpose as set out in law. It should be a matter of great embarrassment  for her that she is acting contrary to her main statutory purpose. We call on the new Government to carry out an urgent review of the Commissioner’s work and to seek assurances that she acts in a manner that places a clear emphasis on language rights and that she firmly exercises her regulatory powers in the interests of people rather than institutions."