Thursday, 10 March 2011

Defence solicitors warn MoJ over interpreter outsourcing

http://www.lawgazette.co.uk/news/defence-solicitors-warn-moj-over-interpreter-outsourcing
Thursday 10 March 2011 by Catherine Baksi

Defence solicitors warn MoJ over interpreter outsourcing
Criminal defence solicitors have urged the Ministry of Justice to ensure that the standard of interpreters does not deteriorate as a result of cost-cutting plans to outsource translation services across the criminal justice system.
The MoJ has begun a procurement exercise that will see private companies contracting to provide interpretation services to the Crown Prosecution Service, probation service, prisons, police and other agencies. The MoJ will provide a national template for the contracts and will oversee the process.
These services are currently provided under a national agreement with the National Register of Public Service Interpreters (NRPSI) and its sign language equivalent.
Ian Kelcey, chair of the Law Society’s criminal law committee, said: ‘In principle, the desire to save money by outsourcing cannot be criticised… but what no one wants to see is a diminution in standards that will affect a defendant’s right to a fair trial.’ He urged the MoJ to ensure that minimum standards are put in place.
An MoJ spokeswoman said the procurement process was ‘ongoing’ and it would shortly be seeking stakeholders’ views.
Last month, solicitors raised concern over an alleged decline in the standard of interpretation services provided to detainees in custody in four north-west police areas, after the police forces outsourced their interpreting services.
The Professional Interpreters Alliance (PIA) began judicial review proceedings of police authorities in Greater Manchester, Merseyside, Lancashire and Cumbria, which entered the contracts with translation provider Applied Language Solutions (ALS), without conducting race equality impact assessments.
The forces have now quashed the contracts with ALS, after accepting that they had failed to undertake the statutory impact assessments. A police spokesman said the forces are in consultation with PIA about how they will deliver interpretation services in future.
ALS chief executive Gavin Wheeldon denied there had been any fall in standards after his agency won the contracts. He said ALS’s contract with Greater Manchester Police had reduced its £1.3m bill for interpretation services by 50-60%, while maintaining quality and reducing police administration.
‘I believe we offer a far superior service at a fraction of the cost to the old system of engaging individual translators, which will save front-line jobs,’ he said.

Monday, 7 March 2011

Police rip up contract with interpreter agency after claims it was hampering investigations

http://menmedia.co.uk/manchestereveningnews/news/s/1410082_police_rip_up_contract_with_interpreter_agency_after_claims_it_was_hampering_investigations
March 07, 2011

Police rip up contract with interpreter agency after claims it was hampering investigations
Greater Manchester Police’s contract with an interpreter agency has been ripped up – after claims that it was hampering investigations. The force struck an exclusive deal with Applied Language Solutions (ALS) last August. It meant ALS, which is run by Oldham businessman Gavin Wheeldon, would supply interpreters to GMP when they were needed for interviews with suspects, victims and witnesses whose English was not good enough.
The interpreters were paid at least £30 an hour by ALS, which is based in Delph.
But hundreds of interpreters refused to work for ALS and set up a group called the Professional Interpreters’ Alliance. The group successfully applied for a judicial review of the ALS contract, and similar deals the firm had with three other north west police forces.
Now bosses from GMP and police in Merseyside, Lancashire and Cumbria have scrapped the deals they had with the agency before the judicial review hearing, which was due to take place next month. The PIA – whose 400 members are all on the National Register of Public Service Interpreters (NRPSI) – had listed a series of alleged failures by the firm in the application to the High Court. They included:
  • Officers at a GMP custody suite in Pendleton complaining of ‘terrible problems’ with ALS and had been forced to turn to NRPSI-registered interpreters instead
  • Crime suspects allegedly being released by GMP on bail because they could not get interpreters from ALS in time
  • Police in Swinton having to wait 24 hours for an interpreter who could speak French
  • A petition PIA supplied to police allegedly indicated that its boycott meant there would be no NRPSI-registered members available to the officers in Polish, Czech, French, Slovak, Hungarian, Turkish, Romanian, Vietnamese, Thai, Mandarin and Cantonese
ALS strenuously denied all the allegations.
The police forces have now admitted the deals had breached the Race Relations Act, as they did not give ‘due regard’ to promoting good relations with different ethnic groups.
They also accepted they should have known there was a risk that ALS, even for a temporary period, might not be able to provide interpreters of the same quality and as quickly as under previous arrangements when GMP used freelance NRPSI-registered interpreters. Farid Arada, from PIA, said: "We are delighted." A GMP spokesman said: "GMP, Merseyside Police, Lancashire Police and Cumbria Police are currently in consultation with the PIA about how the forces will move forward and how they will deliver interpretation services in the future."
National guidelines, approved by Britain’s top cops, say interpreters used by police or the courts should be on the NRPSI to ensure high quality.
Freelance NRPSI-registered interpreters who worked directly for GMP were paid £29 an hour in the day, £43.50 on a Saturday or at night and £58 on Sundays or bank holidays.
Under ALS, the registered interpreters were told they would be paid £30 an hour in the day and £35 at night, at weekends and bank holidays.
ALS managing director Mr Wheeldon said he was disappointed with the ruling. He said: "I don't think it’s fair. I think it’s just a failure in the process." ALS strongly denied that the interpreters it sent for GMP hampered any investigations.
In response to the PIA allegations, a company spokeswoman said that no mention was ever made of the ‘terrible problems’ with ALS during the agency's monthly review meetings with GMP. She said the agency always contacted NRPSI-registered interpreters in the first instance when looking to fulfil a GMP interpreter booking.
The agency said that it did have access to NRPSI interpreters for languages like Polish, Czech, French, Slovak, Hungarian and Turkish, but the spokeswoman added: "However, these assignments do not legally need to be carried out by NRPSI registered interpreters and we have hundreds of qualified non-NRPSI interpreters registered directly with us who are able to fulfil assignments in these languages. "Many highly-qualified interpreters across the region have never been NRPSI members. "There are sometimes instances where an interpreter cannot be sourced for an assignment. This can be due to rarity of language, high demand for interpreters at that date and time or due to the remote location of a police station. "This is the case regardless of whether the police are requesting interpreting services through ALS, through NRPSI or through any independent means and is, at times, completely unavoidable. "This has been the case for many years and bears no relation on the service offered by ALS." She added that ALS was saving taxpayers’ money.

Former GMP interpreter: 'One wrong word could mean justice isn't done'

http://menmedia.co.uk/manchestereveningnews/news/s/1410081_former_gmp_interpreter_one_wrong_word_could_mean_justice_isnt_done
March 07, 2011

Former GMP interpreter: 'One wrong word could mean justice isn't done'
An interpreter who refused to work for the agency axed by GMP says accurate translation is essential for the criminal justice system.
Agnieszka Moczynska worked for GMP for around two years after she was accepted on the National Register of Public Service Interpreters in 2008.
But the 33-year-old Polish translator and interpreter, who lives in Eccles, Salford, said she did not want to work for the force through ALS – because of the agency’s rates and its use of non-registered interpreters.
Ms Moczynska, a member of the Chartered Institute of Linguists, said she feared a miscarriage of justice through using non-registered translators.
She said: "You have to be highly-qualified and trained to know how to convey a message from one language to another.
"Sometimes one word translated in the wrong way can make a dramatic difference to the outcome of a case.
"If you don’t speak English, you have to be absolutely confident in what is being conveyed to the other party when you say something, and what is being said to you is absolutely correct.
"It’s not just defendants, interpreters work for victims of crime and witnesses too. Such a witness can be a crucial element in a case against anyone – a foreign or non-foreign national.
"For example, if a Polish person has been a witness to a crime against a British person, then the interpreter will work for the victim’s benefit."

Saturday, 19 February 2011

Friday, 4 February 2011

Private Eye, issue 1281, 4th February 2011

Speaking cock

Despite a boycott by police interpreters in north-west England (see last Eye), the outsourcing of all foreign language interpreting for the police and courts is currently out to tender.
The Ministry of Justice announced plans to put all interpreting services out to tender last year, after justice minister Crispin Blunt told parliament that hiring individual linguists from the National Register of Public Sector Interpreters [sic.] (NRPSI) was an "inefficient, labour intensive" process.
While they're handing that process to big language agencies, ministers also reckon they may as well abandon the national agreement which sets out guidelines on using registered interpreters because "the quality of interpretation will be ensured through the terms of the contracts." But will it?
As reported in the last Eye, many registered interpreters are refusing to work for the agency Applied Language Solutions (ALS), which already has "preferred supplier" agreements with Greater Manchester, Merseyside, Lancashire and Cumbria police.
ALS has since been in touch demanding "clarifications" of the interpreters' criticisms - such as the pisspoor pay on offer. A spokeswoman admitted ALS does not pay the full national agreement rate, doesn't pay for travel time and doesn't charge police for a minimum three-hour period, even though interpreters might have a long journey across the region to do just half an hour's interpreting. "This has delivered significant cost savings to the police forces that we provide services to," she said. It is also likely to drive good interpreters out of the job.
In response to complaints that ALS often uses unregistered interpreters, despite the requirements of the national agreement, ALS "clarified" that it, er, often uses unregistered interpreters. "ALS always offers every assignment to NRPSI-registered linguists in the first instance. If no NRPSI linguist is available then a fully assessed, non-NRPSI linguist that meets the criteria of the assignment will be used. There is no legal requirement to use NRPSI-registered linguists to fulfil police appointments."
In answer to a freedom of information request in 2009, Cheshire Constabulary revealed that just 34 per cent of interpreters supplied to it by ALS for face-to-face interpreting had been on the NRPSI - and that was before the boycott started.
ALS also defended itself against criticism that a Czech interpreter was sent to help a Slovak-speaking suspect, saying that it is "fair to say that most people from Slovakia essentially speak Czech." This may come as a surprise to the Czech Republic's court system, which provides official interpreters to protect the rights of the Slovak minority.

Private Eye, issue 1281, 4th February 2011, Page 28 (In The Back).
 

Thursday, 3 February 2011

Row erupts over police interpreters

http://www.lawgazette.co.uk/news/row-erupts-over-police-interpreters
Thursday 03 February 2011 by Catherine Baksi

Row erupts over police interpreters
Detainees at police stations in four areas of the north-west are at risk of miscarriages of justice due to the police forces' use of inadequate interpreters, the Gazette has been told.
The Professional Interpreters Alliance (PIA) has been granted permission to begin a judicial review of a decision by police authorities in Greater Manchester, Merseyside, Lancashire and Cumbria to outsource their interpreting services and enter an exclusive agreement with Applied Language Solutions (ALS).
PIA, which represents the interests of interpreters who are registered with the National Register of Public Service Interpreters, alleges in its judicial review claim that commercial agencies such as ALS ‘compromise standards of quality of service by the use of unqualified interpreters'.
ALS denies the claims.
Rob Taberner, police station representative for Bolton firm Fieldings Porter, said that since the new contracts began in August, people who are not properly qualified have been sent to the police station to interpret. `They sometimes cannot translate properly and do not understand simple legal terms, which is a fundamental part of their job,' he said.
Where the police cannot get an agency interpreter before the custody time limit expires, Taberner said he had heard of detainees being charged and sent to court without a proper understanding of why they were there. `It's a farcical situation that could lead to miscarriages of justice,' said Taberner. 'They want a professional job done on the cheap.'
Lina Tsui-Cheung, an associate at Manchester firm ABM, said she had noticed a similar decline in standards since the new contracts began in August, and her firm had experienced `a lot of difficulties' under the new arrangement. `The agents are of poor competence. It appears to me that what is translated is not always correct, and clients have told me that they are not always able to understand the interpreter, or what they are being asked,' she said.
An ALS spokeswoman said: `The interpreters providing interpreting services to the criminal justice system have grave professional responsibilities. Work allocated to interpreters by Applied Language Solutions is done under the terms of the National Framework Agreement, which details the qualifications required to undertake legal interpreting assignments in the UK.' She added that it was `not true' that ALS interpreters struggle to understand basic terms.
Ian Kelcey, chair of the Law Society's criminal law committee, stressed the importance of properly qualified translators. 'Accurate interpretation at the police station is absolutely vital to avoid miscarriages of justice,' he said.
In their acknowledgment of service of the judicial review claim, the police authorities said they had undertaken a `rigorous procurement exercise' before awarding the contracts to ALS, which was ranked highest by the panel. They said: `The central aims of initiating the procurement process were the freeing up of administration resources, matching availability to demand, and control over the budget, without compromising the quality of the interpreters provided.'
The forces said they were satisfied that the interpreters engaged `would be provided as and when required and that they would be competent'.

Monday, 31 January 2011

PQ - 31st January 2011

http://www.theyworkforyou.com/wrans/?id=2011-01-31c.36560.h

31 Jan 2011
Interpretation and Translation Services
Justice

Andy Slaughter (Hammersmith, Labour)
To ask the Secretary of State for Justice pursuant to the written ministerial statement of 15 September 2010, Official Report, columns 46-47WS, on interpretation and translation services (justice sector),
(1) what steps he plans to take to maintain the quality of translation and interpretation services for defendants under his proposals;
(2) what progress has been made on the procurement of translation and interpretation services for defendants under his proposals;
(3) what estimate he has made of the likely cost saving to his Department of implementation of the proposed changes in each of the next three years;
(4) whether he has consulted (a) the National Register of Public Service Interpreters and (b) the National Register of Communication Professionals working with Deaf and Deafblind people on the proposed changes to procurement of translation and interpretation services for defendants;
(5) what qualifications translators and interpreters for defendants will be required to hold under his proposals;
(6) whether he consulted (a) police forces, (b) HM Courts Service, (c) the National Offender Management Service and (d) the Crown Prosecution Service on his proposed changes to procurement of translation and interpretation services for defendants.

Crispin Blunt (Parliamentary Under Secretary of State (Prisons and Probation), Justice; Reigate, Conservative)
The project to review the provision of interpretation and translation services was begun under the previous administration which, like the present Government, recognised that there was room for improvement in the existing arrangements.
My officials are now in the final stages of a competitive dialogue procurement process with shortlisted bidders. When the process is at an end Ministers will make a decision whether or not to let a framework arrangement.
We have made it clear throughout that quality must be maintained. Any framework arrangement would specify quality standards. Key performance indicators would be used to ensure that a supplier met their contractual obligations. The qualifications to be required of interpreters and translators are currently being finalised.
Annual spend on interpretation and translation services across the criminal and civil justice sectors is estimated to be around £60million. If we were to let a framework arrangement we would hope to see savings of at least 10%.
Last summer my officials wrote to a wide range of stakeholders including the National Register of Public Service Interpreters and also Signature (who administer the National Register of Communication Professionals working with deaf and deafblind people) to inform them of our plans and to seek their comments.
This work is being taken forward by a project board which includes representatives of the Association of Chief Police Officers, the National Policing Improvement Agency, HM Court Service, the Tribunal Service, the Crown Prosecution Service and the National Offender Management Service.

Friday, 21 January 2011

Private Eye, Issue 1280, 21st January 2011

Speakers cornered

Language interpreters used by four police forces in north-west England are refusing to work for the agency that won the contract and are challenging the contract with a judicial review.
Greater Manchester, Merseyside, Lancashire and Cumbria police outsourced their interpreting services last year in exclusive deals with and agency called Applied Language Solutions (ALS). Previously, the forces had hired interpreters directly whenever they needed to talk to suspects, witnesses or victims who didn’t speak English well enough.
Normal guidelines for the use of interpreters in the Criminal Justice System say foreign-language interpreters working in courts or police stations should be registered on the National register of Public Service Interpreters (NRPSI) to guarantee quality and guard against miscarriages of justice.
But many registered interpreters refuse to work for ALS. They take issue with its pisspoor rates of pay, its record on handling personal data (for which it has been reprimanded by the Information Commissioner) and its use of unqualified workers. As a result, there are no registered interpreters available for languages including Vietnamese, Slovak, Turkish, Thai, Polish, Mandarin and French. Police however have to accept unregistered people sent by the agency (if it can find anyone) or beg their bosses for permission to call NRPSI interpreters at extra expense.
The Professional Interpreters’ Alliance (PIA), formed in response to the outsourcing, has gathered a catalogue of ALS failures since August, mostly uncovered because NRPSI interpreters have been belatedly called to the rescue. These include incidents where suspects have had to be bailed because it has taken ALS so long to find an interpreter; where police and duty solicitors have been unable to understand an interpreter’s poor English; and where interpreters have been supplied for the wrong language (such as a Czech interpreter being sent for an interview with a Slovak-speaking suspect).
As revealed by the Eye in 2009, after Thames Valley Police made a similar deal with agency Language Line, one in fifteen of the interpreters sent to police stations were not properly qualified or registered. In the same year, the use of unqualified foreign students in the Scottish courts sparked serious fears of wrongful convictions and wrongful acquittals. Despite these failings being brought to their attention by interpreters and MPs, the north-west forces pushed ahead with the deal anyway. The application for judicial review is due to be heard in March.
The police forces have told the PIA that there is “no legal requirement” to use registered interpreters. However, the PIA says not to do so runs counter not only to the national guidelines, drawn up in 2001 by the Office for Criminal Justice Reform, but also the recommendations of the Auld report, the Runciman Royal Commission, CPS guidance, Law Society guidance, a recent EU directive, and, ultimately, the Human Rights Act.

Private Eye, Issue 1280, 21st January 2011 - Page 30 (Criminal Justice Roundup)

NICTS - Interpreter and Translation Services


Northern Ireland Courts and Tribunal Service - Interpreter and Translation Services

Interpreter and Translation Services Quarterly Bulletin