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The Gaelic Language (Scotland) Act 2005 (Scottish Gaelic: Achd na Gàidhlig (Alba) 2005) is an Act of the Scottish Parliament passed in 2005. It was the first piece of legislation dedicated to the Scottish Gaelic language and was seen as the first hesitant step by the Scottish Executive to provide a legislative framework for the use of Gaelic by Scottish Public sector authorities. It created a Gaelic Language Board, but created no general rights of citizens or obligations on statutory authorities to actually use the language. This is in contrast to the UK parliament's legislation for the Welsh Language (the Welsh Language Act 1993) which authorises the use of Welsh in public administration. There has been no significant development of the Gaelic Language (Scotland) Act 2005 between 2005 and 2021.
| Act of the Scottish Parliament | |
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| Long title | An Act of the Scottish Parliament to establish a body having functions exercisable with a view to securing the status of the Gaelic language as an official language of Scotland commanding equal respect to the English language, including the functions of preparing a national Gaelic language plan, of requiring certain public authorities to prepare and publish Gaelic language plans in connection with the exercise of their functions and to maintain and implement such plans, and of issuing guidance in relation to Gaelic education. |
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| Citation | 2005 asp 7 |
| Territorial extent | Scotland |
| Dates | |
| Royal assent | 1 June 2005 |
| Commencement | 13 February 2006[1] |
| Other legislation | |
| Amended by | Electronic Communications (Scotland) Order 2006, Companies Act 2006, Food (Scotland) Act 2015, Education (Scotland) Act 2016 |
Status: Current legislation | |
The bill was introduced into the Scottish Parliament on 28 September 2004 by Peter Peacock.[2] On 21 August 2005 the Parliament voted unanimously to approve the bill.[3]
The Gaelic Language Act aims to secure Gaelic as an official languageofScotland, "commanding equal respect" with English, by establishing Bòrd na Gàidhlig as part of the framework of government in Scotland and also requiring the creation of a national plan for Gaelic to provide strategic direction for the development of the Gaelic language. [Note: The phrase "equal respect" contains no clear meaning in the law. Its usage was chosen to prevent the assumption that the Gaelic language is in any way considered to have "equal validity or parity of esteem with English".][4]
The Act also gives Bòrd na Gàidhlig a key role in promoting Gaelic in Scotland, advising Scottish Ministers on Gaelic issues, driving forward Gaelic planning and preparing guidance on Gaelic education. The Act also provides a framework for the creation of Gaelic language plans by Scottish public authorities.
Former Education Minister Peter Peacock, who, at the time of the Act coming into force, had ministerial responsibility for Gaelic, said: "This is a momentous day for Gaelic as we open a new chapter in the language's history. We have come a long way since the dark days of 1616 when an Act of Parliament ruled that Gaelic should be 'abolishit and removit' from Scotland."[5]
A key limitation of the act is that it applies only to public bodies operating in Scotland and whose business is classed as being a devolved matter (outlined by the Scotland Act 1998).[6]
"The Plan includes proposals for the promotion of strategies for increasing the number able to speak Gaelic, encouraging its use and facilitating access to Gaelic language and culture." The Plan addresses the following:[7]