Introduction
The first part of this chapter provides an empirical overview of the position of the various languages of the UK, autochthonous and allochthonous, in public life. In order to properly understand the issues at hand here one must note that while the UK is a unitary state within which devolved administrations exist for Northern Ireland , Scotland , and Wales , it is comprised of three distinct legal jurisdictions, namely, (1) England and Wales , (2) Scotland , and (3) Northern Ireland . Historically, Ireland constituted a separate legal jurisdiction within the UK, up until the secession of the Irish Free State (subsequently the Republic of Ireland ) from the UK in 1920. Northern Ireland was born of this act of secession and remained a part of the UK while, at the same time, forming a new legal jurisdiction. One ought also to note in addition that a body of legislation understood to be ‘Welsh law’ is said to exist since devolution in 1997 (as per the website of the National Archives & UK Legislation—http://www.legislation.gov.uk/browse/wales).
The second part of the chapter offers an overview of the EU’s language policy. More specifically, it provides a brief historical overview of the way in which the EU has dealt with its linguistic diversity, both within its institutions and in its relationship with its citizens and member states. It also highlights potential sources of tension between the promotion of the free movement of people and goods, on the one hand, and the recognition and protection of linguistic diversity, on the other hand. Finally, it illustrates some of the measures that the EU has implemented in order to promote language learning and the protection of regional and minority languages.
Language Policy in the UK
The English Language
It is a widely held view that the English language is simply the de facto official language of public life in the UK and that this fact of practice is not recognized in law. However, the English language is granted de jure recognition in several pieces of legislation, and there is considerable historical evidence that confirms this. English was first granted official status in the form of the Pleading in English Act 1362 (36 Edw. III c. 15) [Repealed by Statute Law Revision Act 1863 & Statute Law (Ireland ) Revision Act 1872]. The effect of the Act was to allow for court cases in England , and subsequently Wales , to be debated in English while requiring the written record to be maintained in Latin . The Court of the Exchequer was exempted from this law. The Act was aimed at resolving the problem posed by the use of Law French in the courts, which meant that the ‘people’ were unable to understand any aspects of the proceedings as, by that stage, Norman French was largely unknown as an ordinarily spoken language. The Act required therefore that
One of the effects of the Act was to bring to an end the use of Law French and to normalize the use of English as the language of law. This in turn led to the development of a recognizable style of English particular to the legal system by the reign of Henry V (1413-22), described as Chancery Standard, or Chancery English (e.g. see Fisher 2009; McArthur 1998; Richardson 1980). A related development is that of Chancery Hand, a particular form of handwriting.all Pleas which shall be pleaded in [any] Courts whatsoever, before any of his Justices whatsoever, or in his other Places, or before any of His other Ministers whatsoever, or in the Courts and Places of any other Lords whatsoever within the Realm, shall be pleaded, shewed, defended, answered, debated, and judged in the English Tongue, and that they be entered and inrolled in Latin . (Pleading in English Act 1362)
The official status of English was next recognized in the Laws in Wales Act 1535. In this case, the Act was intended to resolve the problem posed by the ‘people’ of Wales commonly using ‘a speche nothing like […] the naturall mother tonge used within this Realme’ (‘a speech [i.e. the Welsh language ] nothing like […] the natural Mother Tongue [i.e. English] used within this Realm’). This was considered a cause of division, and it was asserted that English should be the sole language of the law courts as follows:
In addition, the Act asserts that those who would use Welsh are not to be appointed to public office in Wales , as follows:Also be it enacted by the Authority aforesaid, That all Justices, Commissioners, Sheriffs, Coroners, Escheators, Stewards, and their Lieutenants, and all other Officers and Ministers of the Law, shall proclaim and keep the Sessions Courts Hundreds Leets Sheriffs Courts, and all other Courts in the English Tongue; and all Oaths of Officers, Juries and Inquests, and all other Affidavits, Verdicts and Wager of Law, to be given and done in the English Tongue. (Laws in Wales Act 1535, Section XX)
It is understood, in Wales in particular, that the parts of the Act relating to language were definitively repealed only in 1993, by the Welsh Language Act 1993; of which there is more below. However, annotations on the Statute Law Database indicate that sections 18–21 of the Act were repealed by the Statute Law Revision Act 1887 (Laws in Wales Act 1535, Sections XVIII–XXI, Annotations).and also that from henceforth no Person or Persons that use the Welch Speech or Language, shall have or enjoy any manner Office or Fees within this Realm of England , Wales , or other the King’s Dominion, upon Pain of forfeiting the same Offices or Fees, unless he or they use and exercise the English Speech or Language. (Laws in Wales Act 1535, Section XX)
The status of English as the official language of public life was then further reinforced by law in the seventeenth century, under a piece of legislation described as An Act for Turning the Books of Law, and all Process and Proceedings in Courts of Justice, into the English Tongue 1650 (4 Geo II. c. 26). This Act was passed by the so-called Rump Parliament on 22 November 1650, during the Commonwealth of England (1649–1660). This Act requires that all legal documentation be in English, as follows:
The Parliament have thought fit to Declare and Enact, and be it Declared and Enacted by this present Parliament, and by the Authority of the same, That all the Report-Books of the Resolutions of Judges, and other Books of the Law of England , shall be Translated into the English Tongue: And that from and after the First day of January, 1650, all Report-Books of the Resolutions of Judges, and all other Books of the Law of England , which shall be Printed, shall be in the English Tongue onely...