Tuesday, 5 July 2011

Ministerial Statement - 5th July 2011

Justice

Interpretation and Translation Services

The Parliamentary Under-Secretary of State for Justice (Mr Crispin Blunt): Against a background of the need to make economies right across the public sector I announced, in a written ministerial statement on 15 September 2010, Official Report, column 46WS that the Government were proposing to make changes to the provision of interpretation and translation services across the justice sector to cut the cost and make more efficient provision while safeguarding quality.
In pursuit of that aim the Ministry of Justice conducted a competitive dialogue procurement process to explore how these services could be delivered more efficiently, before taking a decision on the way forward. That process resulted in a proposed framework agreement with a single supplier, under which justice sector organisations could contract for language services as needed. Having sought and taken account of the views of interested parties the Government have decided that a framework agreement is the best way to meet their objectives.
The Ministry of Justice will contract under the framework on behalf of Her Majesty’s Courts and Tribunal Service and the National Offender Management Service. Other justice sector organisations, including police forces, have indicated that they intend to sign contracts under the framework agreement as soon as they can. In some cases this will be when pre-existing contracts come to an end.
The framework agreement will deliver significant administrative and financial savings over the current approach. It will do this by introducing market forces into language services provision and providing a single point of contact available to staff at any time of day for the provision of all language services, including interpretation, translation and language services for the deaf and deaf-blind.
Language services will now be booked through various mechanisms including a secure internet portal, telephone or e-mail. This does away with the current time-consuming and inefficient process of making direct telephone contact with each individual interpreter to check their availability for work. A single request will be all that is required, reducing the burden on staff.
Interpreters’ details will be held centrally on a new register maintained by the supplier, which will be freely accessible to the justice sector and legal practitioners.
5 July 2011 : Column 87WS
The Government have always been clear however that efficiency cannot be at the expense of quality. Clear quality standards specify the qualifications and experience required for interpreters to work in the justice sector. A strict code of conduct sets out the high standard of professional conduct expected of them. A robust, accessible complaints process has also been designed, with effective sanctions to ensure that breaches of these standards are investigated and dealt with proportionately and properly.
The supplier will be obliged under the framework to increase the pool of appropriately qualified, experienced and security cleared interpreters beyond the current limits, and to collect and monitor detailed management information to allow better planning for future needs. Failure to do so will result in the supplier being financially penalised.
Moving over to the framework agreement will result in a more efficient and effective service for the public which is forecast to result in savings of at least £18 million on the current yearly spending in this area of £60 million. It will ensure, through the various benefits it offers, that the Government continue to be able to provide access to efficient, high-quality language services for those in need, while getting value for money on behalf of the public.

Monday, 27 June 2011

Waltham Forest: Fake court interpreter jailed


http://www.guardian-series.co.uk/news/9108109.WALTHAM_FOREST__Fake_court_interpreter_jailed/
27 Jun 2011

Waltham Forest: Fake court interpreter jailed
A fake court interpreter has been jailed for seven months.
Vinod Puri, from Berkshire, was found with fake and and out of date identification while working at Waltham Forest Magistrates' Court in February.
He was charged with seven counts of fraud and pleaded guilty in March.
He was sentenced on Thursday (June 16) at Snaresbrook Crown Court and fined £18,824.
Detectives discovered The 57-year-old, of Little Sutton Lane in Slough, had worked as an unregistered interpreter in several London courts.
His membership of the National Register for Public Service Interpreters (NRPSI) expired in 2008 after he failed his exams.
PC Max Conner said: "Mr Puri had prevented genuine registered interpreters doing their job.
"I hope this sends a strong message that we will investigate all matters of forgery and any profit made will be recovered.

Wednesday, 4 May 2011

Responses to MoJ consultation

Responses to MoJ consultation

Professional Interpreters’ Alliance (PIA)

National Register of Public Service Interpreters (NRPSI)

Chartered Institute of Linguists (CIoL)

Society of Official Metropolitan Interpreters UK Ltd (SOMI UK)
EULITA



Prison Reform Trust response to the consultation on provision of interpretation and translation services across the justice sector

Tuesday, 26 April 2011

PQ - 26th April 2011

http://www.theyworkforyou.com/wrans/?id=2011-04-26a.73.6

26 Apr 2011
Justice: Interpreting and Translation Services
House of Lords

Baroness Thomas of Winchester (Liberal Democrat)
To ask Her Majesty's Government what assessment they have made of the compatibility of the framework agreement for the provision of language services to the justice sector with the European Union Directive on the right for interpreting and translation in criminal proceedings.
To ask Her Majesty's Government what steps they are taking to ensure that, following the implementation of the framework agreement for the provision of language services to the justice sector, only those on the National Register of Public Service Interpreters will be used in court.

Lord McNally (Minister of State, Justice; Liberal Democrat)
We are currently seeking the views of interested parties on our proposals. Their views will help inform Ministers' forthcoming decision whether or not to let a framework agreement. We are satisfied that our proposals meet the requirements of the EU directive.
Maintaining appropriate quality standards is fundamental to our proposals. The proposed requirements for face to face interpretation of foreign languages would include, but would not be limited to, membership of the National Register of Public Service Interpreters.

Friday, 1 April 2011

Private Eye, Issue 1285, 1st April 2011


Police Interpreters

Lost for words

Police forces in the north-west England have been ordered to rethink their outsourcing of face-to-face interpreting following a legal challenge.
Greater Manchester, Merseyside, Lancashire and Cumbria police authorities had all entered into service agreements to use interpreters supplied by Applied Language Solutions (ALS). Previously they had simply hired individual freelance interpreters as needed. Many linguists were appalled by ALS’s poor rates of pay and were concerned that interpreters who were not on the National Register of Public Service Interpreters were being sent to interviews in breach of various national criminal justice guidelines. They decided to boycott the company (Eye 1280).
The Professional Interpreters Alliance, formed in response to the outsourcing, intended to challenge the agreements with ALS at a judicial review. But before the case was heard in court, police caved in and agreed to a settlement, signing a high court consent order admitting that their agreements with ALS were rotten.
“There was a risk of (even for a temporary period) the interested party [ALS] might not be able to supply interpreters for every assignment of the same quality and within the same time constraints as had been supplied under the previous arrangements,” the order noted. “The defendants knew, or ought to have known of that risk.”
The four police forces must now go back to the drawing board on the deal and pay the interpreters £20,000 costs. The decision should also give pause to the Ministry of Justice, which is pushing ahead with plans to outsource all foreign language interpreting for police and courts, with big agencies bidding for the work.

Private Eye, Issue 1285, 1st April 2011, Page 28.

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."