TO BE WELSH OR NOT TO BE WELSH? THAT IS THE QUESTION

I suppose language can be likened to glue; depending on its formula and purpose it binds together disparate substances to form in effect a new or enhanced object with a new or enhanced purpose.  In any population, society, tribe, grouping, sect or family language can also be as divisive as the English Channel dividing England from the European continent.  

Language can divide or unite nations.  Belgium is an artificial construct between original Dutch speakers and French speakers where politics is forever treading a tightrope between two proud communities.  The tragedy of Ukraine has a basis in geographical separation of language between the east and west of the country. When early Zionists in the 19th century began buying land in Ottoman controlled Palestine they were communicating with the Jews and Arabs living there in European languages as well as Arabic and Hebrew.  As time went on the early pioneers of increased Jewish immigration realised that to increase the cohesiveness of a diverse people Hebrew would be imposed as the target national language of a future nation and thus a language that had been in common use until two thousand  years ago but had diminishing numbers of speakers mainly for religious purposes was re-born in a modern form alongside Arabic as the national languages of the modern State of Israel.

Before the Roman invasion the Brittonic language was the lingua franca in what is now Great Britain south of the Firth of Forth.  The Romans left their 400 year occupation having bequeathed to future generations the Latin language which has been a foundation stone of modern English. Similarly after 1066 Norman French was the predominant language of the English nobility until English, derived from invaders between the 5th and 7th centuries, was given official status by the Pleading in English Act 1362.  That act stated that pleas in Courts had to be held in English although written accounts were still in Latin. English became the official language in England during the reign of King Henry V.

Researchers have shown that Cornish, Scottish Gaelic, Irish, Manx and Welsh belong to the Celtic branch of Indo-European. Celtic, in turn, divides into two distinct subgroups: P-Celtic (or Brythonic) and Q-Celtic (or Goidelic). Cornish and Welsh are P-Celtic languages, whilst Scottish Gaelic, Irish and Manx are Q-Celtic languages.  Nationalism thrives as a driving force for populist political philosophy and language is part of that force.  Ireland is a prime example where many Catholics in Northern Ireland were encouraged by their co-religionists over the border to learn Gaelic.  The SNP legislated for road signs in Scotland to be in Scottish Gaelic as well as English. Many government and other official documents are now published in Welsh alongside English.  The Welsh Language (Wales) Measure 2011 is the legislation that created the Welsh language standards. It is a legally binding framework that all public organisations in Wales must follow to make sure that the Welsh language is treated no less favourably than English.  All children in Wales have to learn Welsh up until they are 16. Details of language provision is available here.  

A private parking company with a dubious reputation has recently won an action against a Welsh speaker for not publishing its documents in Welsh.  With both Scots and Welsh assemblies originally offered in an attempt to assuage nationalistic murmurings beginning to be aroused 50 years ago they are now being seen by their proponents as a springboard, especially in Scotland, for complete independence.  Such division would be a catastrophe for this United Kingdom but a triumph for those who seek to increase European division both within and without its geographic boundaries.  The General Elections both in this country, Europe and USA might answer the question as to whether a certain Mr V. Putin has succeeded with his disruptive aspirations aided by social media acolytes. 

Language was, is and always will be a uniter or disuniter of societies.  Ours is no exception.  The very term "woke" is a familiar example. Lewis Carroll and George Orwell each in his own way owed much of their literary status to the effects of understanding or misunderstanding the meaning of words.   

IT IS BROKE AND THEY WON`T FIX IT

There`s an old adage, "if it ain`t broke don`t fix it."  Whilst it sounds reasonable advice, on a second reading it becomes obvious that if it is followed there must be preparation for the breakdown which results.  If machinery is allowed to function without maintenance seemingly in fine operating condition it will be a matter of when not if it fails.  Owners of vehicles, bicycles, guns, hydro electric schemes, oil tankers; indeed there are very few man made objects with moving parts  which don`t require inspection and careful attention to allow them to function at maximum capacity for maximum efficiency over a maximum lifetime.   When it comes to organisations similar considerations should apply but they don`t. 

It seems almost monthly that we read of supervisory organisations in many spheres of our lives which have failed in their primary functions of ensuring that those organisations over which they have the power to inspect, impose, change or challenge existing forms of behaviour, supervision, rules or recommendations have failed with the cost of such failure being the ruin of human lives.  We are conditioned to bland statements from such entities when their failings are made public.  Only those with a professional or personal insight into such situations are truly aware of what horror stories lie behind each such announcement.  Very often those individuals go public with their informed comments only when they are retired secure in the knowledge that their pensions are safe.  Ex senior police officers, judges and medical staff are amongst the most prominent but rarely are their wise words more than just a few days` headlines. Within our emasculated and discredited justice system I would opine that the most heinous miscarriages of justice occur at the lowliest courts in the system; the magistrates courts. 

Earlier this century the success rates for appeal of verdicts charged with either way offences  at magistrates courts was as in the table below.

Appeals against sentence or verdict at magistrates courts have consistently been around 45% successful in the following decade. 

Current estimates are that around 24% of all appeals to the crown court are successful.  With the introduction of the Single Justice Procedure in 2015 it might be thought surprising that successful appeals have not shown a marked increase.  It is hard perhaps to stomach in these egalitarian times but only a relatively small percentage of guilty defendants have the means to hire a lawyer to represent them at an appeal before a judge and two magistrates or alternatively the time and intellect to be litigants in person.  

It is within the magistrates courts that the vast majority of offenders is faced with the power of the judicial system; a system which is often stacked against them because the old notion of a "level playing field" or "equality of arms" is but a historical memory.  Returning to my theme, the magistrates courts system is indeed "broke"; broken by deliberate government action and inaction.  This is in some ways similar to the result of matter colliding with  anti- matter which I believe results in the constituent particles destroying each other with a huge energy release. Depending on the colliding particles not only is there a great energy release, but new, different particles may also be produced (such as neutrinos and various flavours of quark.  For matter and anti matter substitute the rights of the individual and the power of the state. The released substances of the collision might be listed as victims` rights, equivocal guilty pleas, perverse verdicts, prisoner suicides, decision making in the near future by A.I., increased wrongful convictions, premature releases and many more. 

If it`s not too late to "service" the damaged courts system and attempt a "fix" there must be a political will which just does not exist.  I fear that lay magistrates might soon be losing my preference as the best way of handling a million plus summary matters every year.  It has become newsworthy that some of the recent local election results in certain areas have come about as a result of foreign practices being employed by immigrant communities. With the numbers of Muslim magistrates or their affiliations being kept secret by the MOJ I fear that political influences could be added to the already undertrained recent cohorts of those hastily added to the bench as a result of deliberate mismanagement.  Urgent consideration should be given to the Presiding Judge directing that all those found guilty be instructed that they have a right to appeal verdict and/or sentence and practical efforts eg leaflets on that process, be handed out in the courts.  As was the case last century applicants to the bench should be obliged to state their political allegiance(s).  Limits of eg 20 years service should be imposed upon magistrates.  Defendants must lose the right in either way offences to choose crown court trial. Consideration must be given to insist that all trials should be presided over by a District Judge [MC] with two magistrate wingers and/or all cases where custody is an option.  

However simple my wish list the images in my crystal ball will remain just that.  The justice  system is broken for all of us apart from oligarchs and their wives fighting over the results of their divorces and the media trying to prise open government`s secret files.  

It is broke and "they" won`t fix it.