Stare decisis

Cynics may claim that Parliament does plenty of pointless things, but it excelled itself last week with the introduction of the English Language Bill.

If there was ever a case of a Bill looking for a "problem" to solve, this is it. In the name of New Zealand First leader Winston Peters, the Bill seeks to formally recognise that English is an official language of New Zealand, in legislation.

Why, one might reasonably ask, would English need such recognition? It is already the de facto language of New Zealand, it is the language of the courts, of business, of education, of Parliament.

Stating that in black print legislation will not alter the common usage of English by New Zealanders in everyday life: only demographic shifts over generations can do that,

Which is why, for example Wales — conquered by England in medieval times — has through its devolved Parliament, afforded legal protection to the Welsh language. Generations of migration and intermarriage meant that the language was deemed to need its status recognised.

Scotland and Northern Ireland have similar protections for the languages generally spoken historically in those parts of the United Kingdom.

The UK does not have any laws enforcing English as its official language. It just is, no-one perceives a need for it to be set out in law.

Until recently, the United States did not have an official language either. Being, apart from native Americans, a country of immigrants, it was felt that officially elevating the language of one migrant community above that of another would be unfair and discriminatory.

As early as 1780, the Second Congressional Congress rejected imposing an official language as “undemocratic and a threat to individual liberty.”

Like the UK, English was the de facto language of common use — it is spoken in more than 75% of households — and no-one felt the need to legislate in this area.

That changed in March last year when President Donald Trump — no doubt for his own purposes — signed an executive order declaring English to be the official language of the United States.

He did so, it was proclaimed, to "promote unity, cultivate a shared American culture for all citizens, ensure consistency in government operations, and create a pathway to civic engagement."

It seems unlikely that the US did not feel unified or proud, and it certainly has no problems disseminating its culture widely. Nor do the operations of government or engagement with it seem to be failing — apart from obstacles imposed by Mr Trump himself.

Winston Peters gives a speech. PHOTO: GETTY IMAGES
Winston Peters gives a speech. PHOTO: GETTY IMAGES
Mr Peters used similar rhetoric in his first reading speech: "It is the first step towards ensuring logic and common sense prevails when the vast majority of New Zealanders communicate in English and understand English in a country that should use English as its primary and official language."

New Zealand has two official languages: Maori and sign language. The former was designated as such in 1987, after a long battle, as part of the efforts to ensure its preservation against the overwhelming tide of English. The latter was designated in 2006, ensuring that the deaf could use it in legal and official proceedings.

Neither pose an existential threat to the use of English.

In a confused speech, the sole ground advanced by Mr Peters for official designation was that an increase in the use of te reo in place of English had "created situations that encourage misunderstanding and confusion for all, and all for the purpose to push a narrative."

It is Mr Peters who is pushing a narrative here. New Zealanders are not wandering the streets bewildered because they cannot find a library, police station or city council building.

And even if usage of te reo is increasing, the English language is like a magpie and has happily and voraciously stolen words from other languages for centuries. It is a continually evolving language, and is big enough to stand on its own two feet and absorb people using words like "kai" and "mahi" without falling over.

In the meantime, thanks to the need to assuage its coalition partner, Parliament will waste time and money debating and passing a law which does nothing more than recognise the status quo.

Mr Peters is fond of a Latin phrase: "Stare decisis" — To stand by things decided — is one that applies in this situation.