Functional bilingualism, as some describe it, is a concept that makes no sense, in my view. You either are bilingual or you are not.
Clearly, as you said earlier, there are a number of degrees of skill in both languages at a given level. So it is not easy to amend the legislation or enshrine this in it.
I like your argument a lot. You cannot say one thing and then say the opposite. Could you tell us more about that?