Farmers opposed to pylons win the right to have the court case against them heard in Welsh

Martin Shipton

Welsh-speaking farmers who oppose an energy company’s bid to gain access to their land have won the right to have a court hearing held through the medium of Welsh.

Green GEN Cymru wants to enter land owned by 13 farmers in the Llandovery area to undertake survey works for a network of pylons the company wants to erect in west and mid Wales.

But the farmers - all but one of whom are said to be first language Welsh speakers - oppose the project and don’t want Green GEN on their land.

The issue is highly controversial and has attracted much opposition from residents who believe the pylons, as well as windfarms proposed by Green GEN’s sister company Bute Energy, would ruin Wales’ landscape.

Green GEN is now seeking a court order that would enable it to enter the farmers’ land.

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Interpreter

A district judge originally ruled that while the farmers could give evidence in Welsh, with an interpreter providing a translation into English, the case did not have to be conducted entirely in Welsh. Green GEN had instructed a barrister who is not a Welsh speaker and much of the documentary evidence is understood to be in English only.

On Monday April 7, the case was due to go ahead in Llanelli Magistrates Court. However, the same district judge who originally said the whole proceedings did not have to be in Welsh changed his mind and adjourned the hearing to a future date when that can happen.

The case has raised concerns among Welsh language activists. Cymdeithas yr Iaith, the Welsh Language Society, said the fact that the farmers did not have an absolute right to have the case heard in Welsh was an insult to the Welsh language and a further example of the need to strengthen the Welsh Language Measure 2011 and extend the rights of the people of Wales to speak Welsh.

Request

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As things stand, the Courts and Tribunals Service is not included under the Welsh Language Standards system because the legal system is not devolved. At present, evidence can be given in Welsh in court, but a request must be made for documentation in Welsh and for court proceedings to be held in Welsh. Under the current system, a Judge can decide to accept or reject such requests.

Sian Howys, on behalf of Cymdeithas yr Iaith, said: "This is a completely unacceptable situation which shows that our justice system as it stands discriminates against Welsh speakers. The fact that you have to apply for a court case and for documents in Welsh in the first place means that the Welsh language is treated less favourably, not to mention that the judge has discretion to refuse such an application, which shows that there is a lack of a fundamental right to use the Welsh language. It is clear that Welsh Language Standards need to be imposed on the Courts and Tribunals Service, so that the Welsh language will not be treated less favourably, and so that people don't have to request or fight for Welsh language services which should be freely and easily available as a right."

Ms Howys added: "This is not the way to go about ensuring environmental sustainability. Such initiatives should empower local communities and be led from grassroots level instead of serving the interests of big corporations that trample on communities and undermine them with their plans. The Welsh language and the continuity of agricultural communities is as much a part of sustainability as is changing the way we produce electricity. There are already several examples in Wales of renewable energy projects contributing to the prosperity of communities while also creating green energy."

'Shocking'

Former Plaid Cymru leader Adam Price, the MS for Carmarthen East and Dinefwr, was in court to support the farmers. He said: “It’s good that the case will now go ahead in Welsh at a future date. It’s never entirely satisfactory for interpreters to be used in court hearings, because things can be lost in translation.

“But it’s shocking that battles people thought had been won decades ago - with Welsh granted equal status to English - are still having to be fought. Nearly all of the farmers involved are first language Welsh speakers, and they should have an absolute right to have the case heard in Welsh.

“I have written to the Lady Chief Justice about this issue, and believe there is a clear case for Welsh language rights to be strengthened.”