The Northern Ireland Assembly is debating the Sign Language Bill.
To help them do this, its Communities Committee asked for feedback from any
person or group – either via video on WhatsApp or in writing.
The BDA (NI) submitted a written response and this is a summary of
what that included.
BDA fully agrees with the proposed new law with one exception (more on that later).
However, we are calling for the Bill to go even further and will give more details below.
1) Do you feel Clause 1 goes far enough in formally recognising BSL and ISL as
languages of Northern Ireland?
BDA believes yes Clause 1 of the Bill is strong enough. The Bill will give Sign Language
the same rights as other spoken languages such as Irish and Ulster Scots while not
affecting or impacting other important laws that might apply to an individual -
such as the Disability Discrimination Act or Human Rights Acts.
The Act will also bring NI in line with other parts of the UK where Sign Language
is already given equal status.
2) Do you feel Clause 2 goes far enough in promoting the use of BSL and ISL and
developing deaf culture?
BDA welcomes the approach of viewing signing not as a disability issue but a
linguistic minority matter. However, we notice that decisions
are often made in relation to deaf services or sign language services without meaningful
deaf input. We want to see a more robust way of including Deaf signers in
the process of planning, delivering and evaluating. We want to see a commitment
to invest in developing Deaf leadership in these areas.
We also welcome the proposal that sign language classes for families with
Deaf children will become a statutory provision.
BDA advised on the need for Deaf signers to be able to use technological advances,
in the same way VRS became crucial during the Covid pandemic and increased
use of BSL/ISL in the media and schools. We also repeated the importance of
Deaf signers being involved and leading at all stages of the introduction of these
new ways of working.
We also said the Department for Communities should support members
of the deaf community to develop their skills and capacities towards taking
leadership roles in designing and delivering policies to implement
access to sign language.
3) Do you think the duty placed on prescribed organisations to make the
information and services accessible to members of the deaf community
is sufficient?
BDA acknowledge the Bill will place a responsibility on “prescribed” government
departments to draw up Action plans in consultation with Deaf people on what
should be translated, and in what priority order. We accept not everything
needs to be or can be translated, but Deaf signers should lead on creating
clear guidance on what is important. This is particularly true in an emergency
situation or crisis.
Interpreters should be provided at no extra cost to the Deaf signer and
this can be a mix of face-to-face and VRS/VRI.
Finally, again, BDA emphasised the need to involve Deaf people at all stages
of development and implementation, and for a commitment to develop Deaf leadership.
4) Do you support the approach taken by Clause 4 that DfC is responsible for
creating the list of public bodies who the Act will apply to?
BDA NI believes that the Department for Communities is best placed to do this.
They have a long history of working with the Deaf sector and will have
responsibilities over the implementation of the Bill.
5) Do you support the approach to consultation required in Clause 5 that
DfC must issue guidance on implementing the Bill through consulting with stakeholders
It is very important that consultation takes place so organisations are prepared
to take on their obligations under the Act. Although DfC will have authority to issue
guidance, and review guidance, BDA wants to see the Bill going further
by stating how often and when these consultations and reviews should happen.
We also ask for further clarification on how Deaf communities will be consulted -
we believe it needs both individual views and those of the
Deaf community as a whole.
6) Do you support the approach taken in this clause where DfC should give
best practice advised to various organisations?
BDA referred to the Irish Sign Language Act 2017: after three years, 52% of Irish public bodies
were still not aware of their responsibilities under the Act. To avoid this happening in
Northern Ireland, BDA recommends a robust programme of best practice guidance.
This way, all departments should know exactly what they need to do, and their
actions plans are produced in conjunction with Deaf input and there is availability of
both BSL and ISL interpreter support across NI.
7) Do you support the provision for the Department for Communities to
make further regulations in the future?
BDA agrees that a flexible approach is appropriate because all organisations
will be on a learning journey as they navigate this new legislation.
Identifying issues and putting in regulations to deal with these issues
is practical and welcomed.
8) Do you feel the level of consultation required to bring in regulations is sufficient?
Yes, BDA is clear that both individuals and organisations representing the
Deaf community should be included in this.
9) Do you think evaluating the impact of the Bill in a report every five years is
an appropriate length of time?
BDA carefully considered what would be the most appropriate amount of time.
We took into account experience from both Scotland and Ireland’s implementation
of their legislation. We believe 5 years is a reasonable time period, but we think
there should be annual reports submitted to DfC during this 5 year period
to highlight any issues and allow remedial action.
10) Do you support the creation of a scheme for accrediting BSL and ISL teachers?
There is a need for a scheme for BSL/ISL teachers and assessors.
We recommend it is based on one of two successful models already in existence:
the Association of British Sign Language Teachers and Assessors (ABSLTA);
or the National Registers of Communication Professionals Working with Deaf and Deafblind
(UK) (NRCPD). A separate scheme for supporting deaf teachers would be very
valuable. This can offer networking, sharing of ideas, support etc.
Creating a list of qualified teachers that could identify if they teach ISL or BSL,
what levels, what ages etc would be very useful for people, schools,
and families seeking this service.
*Do you support the creation of a scheme for accrediting BSL and ISL interpreters?
This is the one area mentioned in the introduction where BDA does NOT
support the suggested wording. This is because it implies creating a whole
new scheme for accreditation. BDA says there is already a system that
covers the whole of the UK and is fit for purpose - the National Registers of
Communication Professionals Working with Deaf and Deafblind People (UK) (NRCPD).
Creating a second new scheme specifically for Northern Ireland is an unnecessary duplication
which could cause confusion.
11) Do you agree with the definition of the deaf community provided for in the Bill?
BDA is conscious of the sensitivity in use of language here. There is no formal
definition of ‘deaf community’ and no deaf person has to view themselves as part of it.
For the purpose of this Bill, we believe the proposed wording is appropriate.
12) Do you agree with the definition of BSL and ISL provided for in the Bill?
Yes, BDA agrees with the definitions.
13) Do you agree with the definition of “everyday reliance” provided in the Bill?
BDA supports the proposed definition. But we want to make it clear that many
deaf people face barriers every day stemming from communication issues.
These issues exist even within families, for example where deaf children are born
to hearing families. The importance of programmes such as Family Signing
in the Home is absolutely critical for giving the best start to the next generation
of deaf children and importantly, for supporting their families too.
NI Deaf communities have a wide and rich range of variations in personal
circumstances and in their individual language journeys, and BDA agrees the
definition is inclusive for all.