linguistic abuse across the Scots/Gaelic divide) &For example, Scottish Nationalist Party proposals for a Gaelic Language Bill, imposing upon public bodies in Scotland a duty to prepare publish and implement a Gaelic Language Plan, were followed recently by complaints from a Scottish Parliament cross-party group on the Scots language, that there are people, including MSPS, who speak very disparagingly about both Scots and gaelic, but Scots in particul Gaelic(but not Scots as distinct from standard English) is one of the official languages of the Scottish Parliament, and a debate on a Programme of Action for Scots and Gaelic in the European Year of Languages was conducted with some contributions(includ ing the Ministerial response)in the latter tongue on 7 September 2000. 12 In December 1993 and again in April 1994 Scottish judges made headlines and generated newspaper correspondence column controversy by threatening to hold accused persons guilty of ontempt of court for using the word aye rather than ' when seeking to answer a question the affirmative. In particular Sheriff Irvine Smith, who has a well-earned reputation as a legal historian and also as a superb speaker at Burns suppers and other post-prandial occasions, is in Scotland is to be the Queen's English. 4 This is borne out by other recent case law: in 1982a c reported to have advised one hapless individual that the word ay in Scots means always'rathe than yes,. 3 Rightly or wrongly, it appears that in general the language of Her Majesty's cour and 1985, for example, accused persons were denied the right to be tried in Gaelic with an interpreter, when each was also able to speak in English. 5 We may note that, exceptionally, the See The of william Dunbar, ed. P. Bawcutt, 2 vols. (GI Dunbar calls the Gaelic-speaking Kennedy an lerche bry bour baird(ie a Gaelic-speaking vaga bond minstrel and adds Thy trechour tung has tane an heland strynd-Ane lawland ers wald mak a better nois'(ie. your treacherous tongue has a Highland character, a lowland arse would make a betternoise) For Kennedy Gaelic is all trew Scottis mennis lede [speech]. the gud langage of this land, while treasoun broght Inglise rumplis [tails] into Scotland. He notes that Scotland fought England because Scottis lordis could nocht obey Inglis lawis SeetheScottishParliamentwebsite:<http:wwwscottis See The Scotsman, 9 Jan 2002, forthe complaints Standing Orders of the Scottish Parliament, Rule 7. 1(accessible by way of the Scottish Parliament website) See Scottish Parliament Official Report, vol. 8 no. 2, col. 165 ff.(accessible at the Scottish Parliament websiteshttp:/wwwscottishparliamentuklofficialrenort/session-0dlor080202htm#-co165> The Scotsman, 30 April 1994; The Herald, 30 April 1994. The earlier controversy arose from comments by Sheriff James nolan: The Scotsman. 1 1 Dec 1993 Note, however, that Austra lian researchers have argued that the Queens pronunciation of English has lapsed somewhat in the course of her long reign, with her vowel sounds becom ing less upper-class' and more akin to the standard accent of southen England; J. Harrington, S. Palethorpe and C I. Watson, " Does the Queen Speak the Queens English?, Nature, 408(2000)927 Taylor v Haughey 1982 SCCR 360, commented on by A.C. Evans, 'Use of Gaelic in Court Proceedings 1982 Scots Law Times (News)286. See also Aitchison v Wringe 1985 SCCR 134. It is also doubtful whetherthis approach will survive the UKs 200 1 accession to the European Charter for Regional or Minority Languages discussed below note 14 and text accompany ingnote 63 In present practice, if an accused or witness has no English (a not uncommon occurrenc ctice), an interpreter will be provided by the Crown, or the appropriate party This is not always free from difficulty: see Mikhailitchenko v Normand 1993 SLT 1138, and A -s. Vassenaix, Court Interpreters in Scotland,, 1996 Scots Law Times News)197. The expense may be bome by legal aid if the Scottishlinguistic abuse across the Scots/Gaelic divide).8 For example, Scottish Nationalist Party proposals for a Gaelic Language Bill, imposing upon public bodies in Scotland a duty to prepare, publish and implement a Gaelic Language Plan,9 were followed recently by complaints from a Scottish Parliament cross-party group on the Scots language, that ‘there are people, including MSPs, who speak very disparagingly about both Scots and Gaelic, but Scots in particular.’10 Gaelic (but not Scots as distinct from standard English) is one of the official languages of the Scottish Parliament,11 and a debate on a ‘Programme of Action for Scots and Gaelic in the European Year of Languages’ was conducted with some contributions (including the Ministerial response) in the latter tongue on 7 September 2000.12 In December 1993 and again in April 1994 Scottish judges made headlines and generated newspaper correspondence column controversy by threatening to hold accused persons guilty of contempt of court for using the word ‘aye’ rather than ‘yes’ when seeking to answer a question in the affirmative. In particular Sheriff Irvine Smith, who has a well-earned reputation as a legal historian and also as a superb speaker at Burns suppers and other post-prandial occasions, is reported to have advised one hapless individual that the word ‘ay’ in Scots means ‘always’ rather than ‘yes’.13 Rightly or wrongly, it appears that in general the language of Her Majesty’s courts in Scotland is to be the Queen’s English.14 This is borne out by other recent case law: in 1982 and 1985, for example, accused persons were denied the right to be tried in Gaelic with an interpreter, when each was also able to speak in English.15 We may note that, exceptionally, the 8 See The Poems of William Dunbar, ed. P. Bawcutt, 2 vols. (Glasgow, 1998), no. 65. The Scots-speaking Dunbar calls the Gaelic-speaking Kennedy an ‘Iersche brybour baird’ (i.e. a Gaelic-speaking vagabond minstrel) and adds ‘Thy trechour tung has tane an heland strynd - Ane lawland ers wald mak a better nois’ (i.e. your treacherous tongue has a Highland character; a lowland arse would make a better noise). For Kennedy Gaelic is ‘all trew Scottis mennis lede [speech]. the gud langage of this land’, while ‘treasoun broght Inglise rumplis [tails] in’ to Scotland. He notes that Scotland fought England because ‘Scottis lordis could nocht obey Inglis lawis.’ 9 See the Scottish Parliament website: <http://www.scottish.parliament.uk/parl_bus/membill.htm>. 10 See The Scotsman, 9 Jan. 2002, for the complaints. 11 Standing Orders of the Scottish Parliament, Rule 7.1 (accessible by wa y of the Scottish Parliament website). 12 See Scottish Parliament Official Report, vol. 8 no. 2, col. 165 ff. (accessible at the Scottish Parliament website, <http://www.scottish.parliament.uk/official_report/session-00/or080202.htm#-Col165>. 13 The Scotsman, 30 April 1994; The Herald, 30 April 1994. The earlier controversy arose from comments by Sheriff James Nolan: The Scotsman, 11 Dec. 1993. 14 Note, however, tha t Australian researchers have argued that the Queen’s pronunciation of English has lapsed somewhat in the course of her long reign, with her vowel sounds becoming less ‘upper-class’ and more akin to the standard accent of southern England; J. Harrington, S. Palethorpe and C.I. Watson, ‘Does the Queen Speak the Queen’s English?’, Nature, 408 (2000) 927. 15 Taylor v Haughey 1982 SCCR 360, commented on by A.C. Evans, ‘Use of Gaelic in Court Proceedings’, 1982 Scots Law Times (News) 286. See also Aitchison v Wringe 1985 SCCR 134. It is also doubtful whether this approach will survive the UK’s 2001 accession to the European Charter for Regional or Minority Languages, discussed below note 14 and text accompanying note 63. In present practice, if an accused or witne ss has no English (a not uncommon occurrence in practice), an interpreter will be provided by the Crown, or the appropriate party. This is not always free from difficulty: see Mikhailitchenko v Normand 1993 SLT 1138, and A.-S. Vassenaix, ‘Court Interpreters in Scotland’, 1996 Scots Law Times (News) 197. The expense may be borne by legal aid if the Scottish