Workplace recycling regulations: integrated impact assessment - Welsh language impact assessment

1.    Welsh Language Impact Assessment reference number (completed by the Welsh Language Standards Team, email: Safonau.Standards@gov.wales): 01/08/2023

2.1    The regulations deliver against two overarching Programme for Government commitments: 

• to build a stronger, greener economy as we make maximum progress towards decarbonisation; and 
• to embed our response to the climate and nature emergency in everything we do.

2.2    The reforms are also a core element of the PfG commitment to introduce an Extended Producer Responsibility (EPR) scheme to incentivise waste reduction by businesses. This is because they facilitate and improve the separation and collection of materials from all non-domestic premises, a key component of delivering a complete EPR system. 

2.3    The Extended Producer Responsibility Programme also contributes to other well-being goals, by ensuring that bilingualism is an integral part of life in Wales. As such, all communications relating to the regulations and their implementation will be bilingual. This includes the national awareness campaign relating to the regulations and information and tools to support non-domestic premises and the waste sector to comply with Regulations.

2.4    The recent public consultations held from November 2022 – February 2023 requested feedback on the Code of Practice and the proposed Enforcement regime and were published in both Welsh and English. A majority of respondents (79%) felt that there would be no positive or negative impacts on the Welsh language. Two respondents noted that the requirement for the regulations and associated communication to be in both English and Welsh, stressing the importance of the Welsh translations being very clear for technical aspects of the regulations. The Code of Practice will undergo equivalence checking for quality assurance purposes which addresses this feedback.

2.5    These reforms are a core, enabling element of the Welsh Government’s commitment to zero waste and contribute to significant carbon savings by bringing non-domestic recycling in line with the successful Welsh domestic recycling system. Furthermore, these reforms will bring important environmental, economic and health benefits to Welsh and English speakers in Wales. There are no foreseeable impacts on Welsh speakers or on the Welsh language. The regulations, the Code of Practice, correspondence, sector guidance and support tools and publicity will fully comply with the Welsh Language (Wales) Measure 2011.

How will the proposal affect Welsh speakers of all ages (both positive and/or adverse effects)? You should note your responses to the following in your answer to this question, along with any other relevant information: 

3.1    There are no adverse impacts anticipated on the Welsh language. In terms of helping to improve outcomes for the language, all communication from the Welsh Government, its agents and the regulators relating to the regulations and its implementation will be bilingual. This includes the national awareness campaign relating to the regulations and information and tools to support non-domestic premises and the waste sector to comply. 

3.2    Consultation feedback indicated that there was one respondent concerned the regulations could reduce Welsh language use by increasing demand for private service collectors that may not have capabilities to deal with enquiries in Welsh, or because they are dealing with collectors/brokers based outside of Wales. However, there is no evidence to suggest that this policy will significantly change the pattern of demand for private versus Local Authority waste service collections. Occupiers of non-domestic premises will have the option of contracting with their Local Authority for the waste collection service. LAs have an existing duty to collect any commercial waste from the premises in its area if requested by the occupier and a duty to comply with The Welsh Language (Wales) Measure 2011. 

4.1    There will be no adverse impacts on the sustainability of Welsh speaking communities – they will have the same high level of recycling service provision as any other community in Wales. 

4.2    The recent consultations provided insight into the effects our policy would have on the Welsh language and how stakeholders felt about it. The majority of consultation respondents (79%) felt there would be no positive or negative impacts on the Welsh language. Two respondents additionally thought there may be a positive impact in terms of generating an opportunity to talk with customers in Welsh. 

4.3    Many respondents noted the requirement for the regulations and associated communication to be in both English and Welsh, with one respondent stressing the importance of the Welsh translations being very clear for technical aspects of the regulations. We are ensuring that all communication relating to the regulations and its implementation will be bilingual. This includes the national awareness campaign relating to Regulations and information and tools to support non-domestic premises and the waste sector to comply with the regulations.

 [20] These can be close-knit rural communities, dispersed social networks in urban settings, and in virtual communities reaching across geographical spaces.

5.1    There will be no adverse impact on Welsh medium education and Welsh learners of all ages. We have strongly considered feedback from recent consultations, with many respondents noting the requirement for the regulations and associated communication to be in both English and Welsh. One respondent made a point to stress the importance of the Welsh translations being very clear for technical aspects of the regulations. Keeping this in mind, Welsh Government has ensured that all translations are very clear for technical aspects of the regulations given the complex subject nature requiring translation, utilising approved Welsh Government translation services for Welsh Government produced documents, website content and Ministerial announcements. We are also taking the additional step of equivalence checking the Code of Practice for quality assurance purposes. The Statutory Instruments will also be equivalence checked using the approved Welsh Government legal services translation service. All communication and guidance relating to the regulations and its implementation will be bilingual. This includes the national awareness campaign relating to the regulations and information and tools such as sector guides and case studies to support non-domestic premises and the waste sector to comply with the regulations.
 

6.1    The Welsh Language Strategy aims to increase the range of services offered to Welsh speakers, and to see an increase in use of Welsh-language services. We have strongly considered feedback from recent consultations, engagement with stakeholders and focus groups. All regulations, correspondence and publicity will comply with the Welsh Language (Wales) Measure 2011 so there is no impact on the Welsh language.

6.2    Local Authorities are key partners, integral to the delivery of the regulations, as waste collectors, as regulators of food waste to sewer ban, as occupiers of non-domestic premises. They are committed to promoting the Welsh language and all communications, social media and marketing is applied bilingually. The Local Authority waste department also employs a significant number of Welsh speakers. [22] There was a couple of respondents who provided feedback indicating concern that the regulations could reduce Welsh language use by increasing demand for private waste collectors that may not have capabilities to deal with enquiries in Welsh, or because they are dealing with collectors/brokers based outside of Wales. There is no evidence to suggest that this policy will significantly change the pattern of demand for private versus Local Authority waste service collections. Occupiers of non-domestic premises have the option of contracting with Local Authorities for their waste collection service and Local Authorities have a duty to provide bilingual services. LAs have an existing duty to collect any commercial waste from the premises in its area if requested by the occupier and a duty to comply with The Welsh Language (Wales) Measure 2011. 

6.3     The majority of respondents (68%) felt there would be no adverse impacts on the Welsh language. Two respondents also stated that they felt the regulations would bring about a positive impact in terms of inclusion by generating an opportunity to talk to Welsh customers.

[21] The Welsh Language Strategy aims to increase the range of services offered to Welsh speakers, and to see an increase in use of Welsh-language services.

[22]  Welsh Government, Separate collection of waste materials for recycling – a code of practice for Wales, 2023,

What evidence / data have you used to inform your assessment, including evidence from Welsh speakers or Welsh language interest groups?

7.1    All regulations, correspondence and publicity will comply with the Welsh Language (Wales) Measure 2011. In addition, Welsh Government’s public consultations on the Code of Practice and the proposed Enforcement regime during November 2022 to February 2023, were bilingual to ensure we canvassed views from stakeholders as broadly as possible. 

7.2    All formal Welsh Government communication relating to the regulations and its implementation is bilingual, and if contacted in Welsh we have a mandate to facilitate Welsh responses. The national communications campaign relating to the bringing into force of the regulations and information and tools to support non-domestic premises and the waste sector to comply is fully bilingual. Focus groups and small business omnibus surveys were carried out in both Welsh and English language to ensure the inclusion of Welsh speakers. All subsequent comms materials are continually tested with and quality assured by Welsh speakers. Sector specific guidance and information seminars will also be available in Welsh and English. We also welcome correspondence and telephone calls in Welsh relating to the regulations. Large print, Braille, British Sign Language and alternative language versions of all related documents are also available on request.

7.3    As key partners to the implementation of the regulations, Natural Resources Wales (NRW), Local Authorities and WRAP Cymru will be indispensable to providing bilingual tools and resources. NRW will be responsible for regulating the requirements except for the ban on the disposal of food waste to sewer. Local Authorities will regulate the ban on the disposal of food waste to sewer from non-domestic premises. Both will provide guidance and information for those affected, including bilingual tools and resources on the enforcement regime that will be introduced to ensure all affected are well aware of the requirements and comply. Similarly, Business Wales is a key stakeholder supporting the disbursement of information about these reforms that provides business support in the medium of Welsh if a business requests a Welsh speaking advisor.
 

8.1    Welsh language speakers are directly positively affected by these reforms, and will benefit immensely from the many environmental, economic, and health benefits once the reforms come into force. From the engagement to-date it is evident that there doesn’t appear to be a need for additional targeted engagement with Welsh speakers.

8.2    A national communications campaign is being launched which will raise awareness of the requirements of what workplaces must do to manage their waste. This will include advertising across a range of channels (TV, radio, out of home, digital, and social), targeted direct marketing, case studies developed from a range of sectors, webinars, partner toolkits and using existing Welsh Government owned channels and stakeholder networks. The communications campaign will be bilingual and includes targeted engagement with Welsh speakers. It will also enable businesses, including waste collectors, to advertise their business and services through the medium of Welsh, thereby increasing the visual presence and use of the language in the business community.
 

9.1    All non-domestic premises (including businesses, and the public and the third sector) separate key recyclable materials in the way the majority of Wales’ householders already do. In addition, that Welsh language speakers are able to seamlessly engage with the regulations once it has been implemented, using the tools and resources available to them, in the same way that English speakers in Wales do.