Summary of consultation responses

Question 5 – Improving awareness of the case for access to free BSL classes for deaf children and their families

Question 5
To what extent might this proposed Bill improve awareness of the case for access to free BSL classes for deaf children and their families?
What other non-legislative measures might be required?
One hundred and forty-six respondents answered this question, including 40 from organisations and 106 from individuals. One hundred and thirty-two (90%) were generally positive and one (1%) did not feel that the Bill would improve awareness (although acknowledging that free BSL classes would be beneficial). The remaining 13 (9%) respondents had either mixed or other views.
There was strong support from respondents that the proposed Bill would greatly improve awareness of the case for access to free BSL classes for deaf children and their families and many also felt it would increase awareness more generally. East Renfrewshire Council commented that: “The very fact that this aspect of the proposal will be debated will help increase awareness of the case for access to BSL classes”.
Arguments setting out the case for the provision of such classes included—

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  There was a perception of unfairness that parents and families should have to pay to learn a language that would allow them to communicate with their child/sibling/relative.
  

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  Few hearing parents currently learned BSL. It would encourage parents to learn BSL and pass on their knowledge to other family members.
  

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  The issue also flagged up the need for BSL tutors to have an excellent understanding of BSL as a language and of deaf culture, as well as understanding the needs of the family.
  

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  Efforts should be made to ensure that the peers of deaf pupils were also actively encouraged to take BSL classes which would help to reduce the exclusion that many deaf children might face.
  

One respondent (Capability Scotland), while recognising that the Bill would improve awareness of case for access to free BSL classes, also believed that children and families using alternative means of communication should have access to training and classes.

One local authority (East Lothian Council) did not believe it was appropriate to use legislation to promote “awareness” of an argument, while another (South Lanarkshire Council) did not feel the Bill would improve awareness of the case for access to free BSL classes: determining the scale and location of the Deaf community within that council area and then targeting activities in these areas might assist in promoting awareness.
Non-legislative measures

In terms of other non-legislative measures that might be required—

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  One individual respondent (25) suggested that a scoping exercise might need to be conducted, to review “access to and provision of BSL learning and qualifications, through the Curriculum for Excellence, for Deaf children whose first language is BSL” and “the quality, cost and the process involved in the provision of linguistic access”.
  

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  Another individual (29) expressed a similar viewpoint, but expanded on this to “include health services promoting this as family development”.
  

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  NHS Ayrshire and Arran suggested other actions to increase awareness, such as national campaigns, training in schools, needs analysis and a recruitment drive.
  

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  East Renfrewshire Council suggested that “building on the existing national database to improve local data collection on the needs and financial circumstances of local Deaf and Deafblind people and their families would also help make the case for such free provision”.
  

A number of respondents raised issues relating to education services—

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  The SCCYP commented that, in relation to pre-entry assessments for Deaf people going into further and higher education, if there was a failure to fully understand BSL as a language and culture this could lead to students receiving inappropriate materials. It was hoped that action plans would lead to better understanding and assessments. As a minimum, students should also have access to BSL interpreters rather than communication support workers.
  

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  The Scottish Association of Sign Language Interpreters (SASLI) felt that BSL lessons should be part of the Curriculum for Excellence, and the Scottish Qualification Authority should work with Deaf organisations, registration and membership bodies of communication support professionals and academic bodies to produce school and vocational qualifications in BSL.
  

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  The National Association of Tertiary Education for Deaf people (NATED) thought that qualifications for BSL tutors should be looked at urgently, as such tutors were currently not qualified to work in schools, but could be registered and receive additional training to provide a peripatetic teaching service.
  

Question 6 - Designated Scottish Minister

The proposed Bill is based, in many respects, on the model of the Gaelic Language (Scotland) Act 2005, which includes a strategy for promoting and facilitating the promotion of the use and understanding of a language. In the case of Gaelic, a Board prepares a national plan; in the case of BSL, this would be the responsibility of the Scottish Ministers. It was hoped that an Advisory Board would be established to advise and assist the designated Scottish Minister.
Question 6
Should there be a designated Minister to take the lead on BSL in the Scottish Government or should this be the responsibility of all Scottish Ministers?
What benefits or challenges will a designated Minister have for BSL and for Deaf People and what in your opinion should the role of the designated Minister entail?
One hundred and fifty-four respondents answered this specific question, including 42 from organisations and 112 from individuals. The majority, 130 respondents (84%) felt that there should be a designated Minister to take the lead on BSL in the Scottish Government. The remaining 24 (16%) expressed a range of views, such as responsibility being mainstreamed to all Ministers, or that alternative arrangements should be made.
Of the 130 responses expressing a view on a designated Minister, 76 (59%) thought that the appropriate Minister should be the Minister for Learning, Science and Scotland’s Languages under the Cabinet Secretary for Education and Lifelong Learning, while two (1%) believed that the Minister with the relevant portfolio was the Minister for Public Health. The remaining 52 (40%) responses did not specify a preferred Minister.
In relation to whether BSL should be the responsibility of all Ministers, 30 respondents included this view in some form within their response, although in many this was a mixed view with, for example, support also being expressed for a designated Minister to lead.
Comments from respondents who expressed other views included—

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  It was not appropriate for Ministers to “champion BSL to the disadvantage or exclusion of other means of communication.” Instead the Ministers for Language and for Equality had roles to play to ensure that inclusive communication was promoted and that the needs of the Deaf community and their families were understood and considered in service provision. (East Lothian Council)
  

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  A Scottish Minister should have lead responsibility for alternative forms of communication, including BSL, Maketon, Signalong as well as other forms of alternative and augmentative communication. (Capability Scotland)
  

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  The relevant Minister would be one overseeing responsibility for disabled people (Sense Scotland). Similarly, Inclusion Scotland felt that such a designation could result in unintended unfairness to other disabled people and a Minister for Disabled People should have responsibilities to include promoting and taking necessary steps to realize all rights in the UN Convention on the Rights of Disabled People. (UNCRPD).
  

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  Deaf Ex-Mainstreamers’ Group Ltd (DEX) referred to the Welsh language model, where the Welsh Language Board was accountable to the Welsh Minister and to the Welsh Assembly. The Welsh Assembly worked with the Welsh Language Commissioner to promote and facilitate the use of the Welsh language, investigate any interference with the individual’s freedom to use Welsh and establish a Welsh Language Tribunal, if required. It was suggested that: “In Scotland, a BSL Act could have as lead parliamentary officer the Minister for Learning, Science and Scotland’s Languages and a BSL Tribunal could be established where … bodies have not complied with their duties”.
  

Benefits of designated Minister

A number of benefits of having one Minister dealing with BSL were highlighted, and these included—

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  Deaf people would know who was responsible and be able to approach that Minister’s office direct;
  
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  It would promote joined-up thinking processes;
  
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  The Minister’s office would be able to develop a greater understanding of BSL;
  
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  It would make cross-departmental working easier.
  

Challenges for designated Minister

Similarly, some challenges were also identified—

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  Managing expectations of deaf people;
  
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  Ensuring follow through on initiatives;
  
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  Monitoring;
  
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  Resourcing initiatives.
  

Role of designated Minister

Respondents thought the role of the Minister should include—

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  Engagement with all Scottish Government departments;
  
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  Coordinating cross-government activity to promote BSL;
  
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  Hosting a cross-government group on vulnerable deaf people (e.g. prisoners, those with mental health issues);
  
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  Chairing the Advisory Board;
  
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  Monitoring action plans.
  

Responsibility of all Ministers

Arguments for the responsibility falling to all Ministers included, in particular, those from three local authorities—

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  Renfrewshire Council felt that “ensuring that responsibility is shared and the needs of the hearing impaired people are integral to the work undertaken by all Ministers in line with the public sector equality duty”.
  

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  South Lanarkshire stated that this would “ensure knowledge is provided to raise awareness and ensuring that services are delivered in a way that is accessible for all”.
  

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  Moray Council argued that “Deaf people are as much part of the constituency as others and the awareness of their needs should be raised in all departments”.