PQ: 21st May 2021

https://www.theyworkforyou.com/wrans/?id=2021-05-12.899.h

 

Ministry of Justice: Interpreters

Ministry of Justice written question – answered on 21st May 2021.

 

Apsana Begum Labour, Poplar and Limehouse

To ask the Secretary of State for Justice, who provides the specific training course for interpreters to join his Department's register; whether that course is endorsed by a professional body; and whether the course content is standardised regardless of previous qualifications.

 

Apsana Begum Labour, Poplar and Limehouse

To ask the Secretary of State for Justice, how many hours of experience is demanded as a minimum by his Department's Register for those who are (a) Level 1 public service interpreting (PSI) qualified, (b) Level 2 PSI qualified, (c) Level 3 PSI qualified, (d) Level 4 PSI qualified, (e) those without any form of public service qualification but who have degree level qualifications in other disciplines such as philology and linguistics and (f) Level 6 PSI qualified.

 

Apsana Begum Labour, Poplar and Limehouse

To ask the Secretary of State for Justice, with reference to the Answer of 19 April 2021 to Question 176073, of the 59 who failed spot checks conducted since 1st January 2019 by The Language Shop; what level of qualification did those 59 people have which enabled them to appear on the MoJ register prior to those spot checks.

 

Chris Philp The Parliamentary Under-Secretary of State for the Home Department

The Ministry of Justice (MOJ) is committed to ensuring the justice system is supported by a suite of high- quality language service contracts, that meet the needs of all those who require interpreters.

The MOJ does not directly employ interpreters. The MOJ commissions the services of suitably qualified interpreters through its contracted service providers, thebigword and Clarion Interpreting.

All interpreters regardless of qualifications are required to complete an induction programme. This is not an accredited piece of learning. It was created by the MOJ and The International School of Linguists (ISL) and is hosted by ISL for thebigword to meet the requirements of the MOJ.

The hours of experience required varies according to the complexity and type of language. This information is set out and can be found in the contract via the following link

https://www.contractsfinder.service.gov.uk/Notice/975cb99e-fec6-430f-8f31-fd532a907137?p=@=UFQxblRRPT0=NjJNT08

A table showing the hours of experience required by qualification can be found below:

Qualifications	Experience required	Complexity level
Enrolled on a Level 1, two-to-four week, course	100 hours of Interpretation Services in the relevant language	Standard
Level 1 public service interpreting (PSI) qualified	No minimum hours required	Standard
Level 2 PSI qualified	No minimum hours required	Standard
Level 3 PSI qualified	No minimum hours required	Standard
Level 4 PSI qualified	No minimum hours required	Standard
Those without any form of public service qualification but have degree level qualifications in other disciplines such as philology and linguistics	100 hours of Interpretation Services in the relevant language	Complex
Level 6 PSI qualified	No minimum hours required	Complex / Complex Written (DPSI Health & Lov Govt although Level 6, are only authorised for Complex; DPSI Law, DPI (Diploma in Police Interpreting) & DCI (Diploma in Community Interpreting ISL) are Complex Written)

 

Of the 59 language professionals who failed spot checks, three of the language professionals had two checks for different languages, so we have provided 62 results. Below is a table which breaks down the level of qualification the language professionals had to enable them to appear on the register prior to the spot checks.

 

Qualification Level	Number of language professionals
Level 3	2
Level 6	39
Level 7	5
Basic interpreting, rare language or Partial qualification	16

Queen's Speech: 18th May 2021

https://www.theyworkforyou.com/lords/?id=2021-05-18b.467.2#g499.2

Queen’s Speech - Debate (5th Day) – in the House of Lords at 2:17 pm on 18th May 2021.

Baroness Coussins Crossbench 4:22, 18^th May 2021.

My Lords, in declaring my interest as vice-president of the Chartered Institute of Linguists, I highlight an opportunity to improve the criminal justice system for the benefit of victims and their families, witnesses, defendants, court officials and jurors that would enhance the quality of justice and save public money. I hope that impressive list of benefits has grabbed the attention of the noble Lord, Lord Wolfson.

The issue is the provision of interpreters in our courts and tribunals. The opportunity is to insert a simple amendment to the Police, Crime, Sentencing and Courts Bill. In a nutshell, the problem is that the chaotic system used by the MoJ and the Courts & Tribunals Service allows far too many cases of unqualified or underqualified, inexperienced pseudo-interpreters to do such a bad job that, quite apart from damaging the reputation of properly qualified linguists, it can cause mayhem in the courts, resulting in miscarriages of justice, adjourned hearings, defendants remaining in custody and an undermining of trust in an important public service.

The notorious case of Iqbal Begum led to the establishment of the National Register of Public Service Interpreters in the early 1990s. The Court of Appeal had quashed a conviction for murder against a woman when it was realised that the interpreter at her original trial had not known the difference between murder and manslaughter and, though fluent in English and Gujarati, could not speak Punjabi, the language of the accused. In another case the defendant was accused of perverting the course of justice, which the so-called interpreter managed to translate as, “You are accused of being a pervert”. In another, the interpreter’s English was so poor that he could not distinguish between a marital partner and a business partner, which led to the judge assuming the defendant was being evasive.

The national register is an independent, non-profit organisation whose purpose is to safeguard and regulate the quality and professionalism of interpreters. Registration depends on stringent criteria for training, qualifications and experience. There is a code of professional conduct and a disciplinary procedure uninfluenced by any political or commercial interest.

In 2011, however, the MoJ outsourced interpreting to reduce costs. Reduced pay and conditions for interpreters resulted in an exodus of the properly qualified ones and an influx of the unqualified. The MoJ list is not a patch on the national register. You can get on to this list just by having a GCSE pass or a low-level two-week foundation course, or just by being bilingual, even if you have never set foot in a court before. The list is outsourced to a private company and, despite the MoJ’s claim that compliance with targets has been high, the increase in aborted hearings and general dissatisfaction among lawyers and clients alike tell a different story.

The courts are out of sync with other parts of the justice system. The CPS continues to use the national register, and the new flagship Police Approved Interpreter and Translator scheme has blazed a trail for high standards. It respects all parties and, combined with the register, could be a really effective model for the courts too.

We could get all this right very easily. Part 12 of the Police, Crime, Sentencing and Courts Bill provides for British Sign Language interpreters to assist jurors. I suggest just adding a new, simple clause to provide for spoken-word interpreters to be appointed only from the national register in order to raise standards, improve justice and save public money. It is ironic that one clause in the Bill creates a new offence for a BSL interpreter intentionally or otherwise to influence the jury. I contend that to continue to allow incompetent, unqualified spoken-word interpreters in our courts is itself, by default, a serious way of influencing the outcome of proceedings in the most negative way possible. I hope the noble Lord, Lord Wolfson, even though he will not reply to this debate, will indicate that he is willing to meet me to discuss my proposal.

https://www.theyworkforyou.com/lords/?id=2021-05-18b.467.2#g554.0

Baroness Williams of Trafford The Minister of State, Home Department 7:55 pm, 18^th May 2021.

The noble Baroness, Lady Coussins, talked about the provision of interpreters and asked to meet my noble friend Lord Wolfson, which he is very happy to do. Court interpreters should be appointed only from the national register. We are absolutely committed to continually improving performance and ensuring the highest standard of language services for those who need them. All interpreters provided to the courts are registered and regularly assessed by the quality assurance provider, the Language Shop, and will be removed from the register if they fail to reach the required standard.

 

Outsourcing in Ireland: "a shambles"

https://www.irishnews.com/news/northernirelandnews/2021/05/18/news/co-derry-murder-victim-ludmila-poletelova-killed-for-money-court-hears-2325441/

17 May, 2021

[…] An interpreter had been booked in advance for the bail application as Svedova does not speak English but none attended court either in person or by videolink, a situation described as “a shambles” by the district magistrate. […]

"the case was adjourned due to a lack of translator"

https://www.nwemail.co.uk/news/19303857.preston-crown-court-case-two-men-charged-drug-production-barrow-pushed-back/

14th May 2021

Two men who were arrested in connection with a cannabis farm raid on Church Street in Barrow are due to appear in court next month after the case was adjourned due to a lack of translator. […]

They were due to give a plea at Preston Crown Court for a pre-trial preparation hearing today but the case was unable to go ahead as there was no translator at the court. It will be heard on June 25.

 

PQ: 28th April

 https://www.theyworkforyou.com/wrans/?id=2021-04-19.183101.h

Coronavirus: Vaccination

Department of Health and Social Care written question – answered on 28th April 2021.

Diana R. Johnson Labour, Kingston upon Hull North

To ask the Secretary of State for Health and Social Care, pursuant to the Answer of 24 February 2021 to Question 154863 on Coronavirus: Vaccination, what assessment he has made of the potential merits of including Registered Public Service Interpreters in the list of occupations the Government classes as key workers for the purposes of priority access to covid-19 vaccination.

Nadhim Zahawi Parliamentary Under-Secretary (Department for Business, Energy and Industrial Strategy), The Parliamentary Under-Secretary for Health and Social Care

Registered Public Service Interpreters working in healthcare settings are eligible for vaccination as frontline healthcare workers in line with the Joint Committee on Vaccination and Immunisation’s advice. Registered Public Service Interpreters working in non-healthcare settings will be prioritised for vaccination according to their age and clinical risk, along with the rest of the population. They will not be prioritised based on their occupation.

 

PQ: 26th April

 https://www.theyworkforyou.com/wrans/?id=2021-03-24.174913.h

Health Services: Interpreters

Department of Health and Social Care written question – answered on 26th April 2021.

Vicky Foxcroft Shadow Minister (Work and Pensions)

To ask the Secretary of State for Health and Social Care, what steps he has taken to support children who need to interpret for their parents during medical appointments.

Jo Churchill The Parliamentary Under-Secretary for Health and Social Care

Appropriate interpreting services should be provided to all patients requiring them and responsibility for meeting patients’ communication needs within the National Health Service rests with local providers. The NHS provides interpreting services to patients where applicable to ensure that patients are able to communicate effectively and appropriately with clinicians and other health service professionals.

NHS England’s guidance on commissioning interpretation services in primary care states that children under 16 years old should never act as interpreters, due to serious concerns around Gillick competence and safeguarding. Their guidance is available at the following link:

https://www.england.nhs.uk/wp-content/uploads/2018/09/guidance-for-commissioners-interpreting-and-translation-services-in-primary-care.pdf

Ireland: Poor interpreting having impact on patients, victims of crime and those seeking asylum

 https://www.thejournal.ie/readme/interpreter-inadequate-service-5388479-Apr2021/

24^th April - Mary Phelan

Poor interpreting having impact on patients, victims of crime and those seeking asylum

Ireland is home to people from every country in the world. Many have excellent English, others have enough for work and everyday situations while still others have very little or no knowledge of the language.

Even those who are reasonably fluent in English may find themselves outside their comfort zone in certain situations.

Interpreters are needed to ensure that limited English speakers can access services, can understand and be understood, and that people interacting with them can carry out their work. They are generally made available in garda stations and the courts but not always in other settings.

However, despite the obvious need for interpreting, interpreter provision in Ireland is very problematic.

Public procurement processes have resulted in unattractive rates of pay and working conditions. There is a pervasive assumption that anyone who speaks English and another language can interpret.

In reality, interpreting is a highly skilled activity involving processing information in one language and conveying it accurately in a second language.

Interpreters need high levels of proficiency in both languages and interpreting skills. They need to understand the context of their assignment, the information they are interpreting, and ethical principles such as confidentiality, impartiality and accuracy.

No accredited training

While some interpreters on the Irish market are no doubt very able, the key problem is that there is no accredited training course for interpreters. Nor is there an accreditation system to establish if interpreters are competent or even a system of quality control to monitor interpreting.

Unsurprisingly, there is no shortage of reports on problems around interpreter provision.

Over the last two decades, the Irish Translators’ and Interpreters’ Association has sent many submissions to various government bodies advocating for change. A number of NGOs have also highlighted the issue as have reports on direct provision.

There is no shortage of laws either. In criminal proceedings there is a longstanding right to the free assistance of an interpreter, a right that was reinforced by an EU directive that urges member states to take concrete measures to ensure quality, including a register of qualified interpreters.

The directive was transposed into Irish law in 2013 but absolutely nothing has been done to improve the service.

Expected to bring own interpreter

The Public Sector Equality and Human Rights Duty obliges public bodies to actively promote equality, protect human rights and eliminate discrimination. It is clearly discriminatory if people with limited English proficiency are not provided with an interpreter when they go to their GP or when they are in hospital. This sort of solution is very unsatisfactory as people may prefer not to discuss medical issues in the presence of someone they know. In a domestic violence case, the abuser could be the interpreter.

 

Consequences of inaccurate interpreting

What happens if interpreters are unable to provide a competent service?

In international protection interviews, inaccurate interpreting can result in inconsistencies and an interviewer not believing an applicant’s account of why they are seeking asylum.

In a garda station the account of a suspect or a witness or a victim of crime given through an interpreter may be distorted, unclear or even incomprehensible.

In court, a defendant may not understand evidence against them. A victim of crime may not understand court proceedings. A patient may not understand the nature of their illness.

These issues do not only affect people with limited English proficiency. They also affect all the professionals who are trying to do their job as well as possible.

GPs and other medical professionals will find it difficult to carry out their work if they are unsure what exactly the problem is, and whether or not patients understand their diagnosis, prognosis and medical advice.

Members of An Garda Síochána may be concerned that evidence provided during interviews will not stand up to scrutiny if the recordings are later checked for accuracy. Judges and lawyers have to try and manage situations where confusion arises in court due to poor interpreting.

The State needs to step up and the relevant government departments – Justice, Health, Housing, Social Protection, Employment – need to work together with government agencies to bring about an interpreting service that meets the needs of twenty-first century Ireland.

PQ: 22nd April 2021

 https://www.theyworkforyou.com/wrans/?id=2021-02-19.154863.h

Diana R. Johnson Labour, Kingston upon Hull North

To ask the Secretary of State for Health and Social Care, what assessment he has made of the potential merits of including Registered Public Service Interpreters in the list of occupations the Government classes as key workers for the purposes of priority access to covid-19 vaccination.

Nadhim Zahawi Parliamentary Under-Secretary (Department for Business, Energy and Industrial Strategy), The Parliamentary Under-Secretary for Health and Social Care

No such assessment has been made. If Registered Public Service Interpreters are captured in phase one or two due to age or clinical need, then they will be vaccinated accordingly. However, there are currently no plans to vaccinate by occupation.

PQ: 19th April 2021

https://www.theyworkforyou.com/wrans/?id=2021-03-25.176069.h

Ministry of Justice: Interpreters

Ministry of Justice written question – answered on 19th April 2021.

Apsana Begum Labour, Poplar and Limehouse

To ask the Secretary of State for Justice, whether interpreters which hold (a) Level 1 foundation in public service interpreting, a two-to-four-week course, (b) Level 2 public service interpreting qualifications, (c) Level 3 and Level 4 community service interpreting qualifications, A-level standard, (d) a bachelor’s degree in philology but no public service interpreting qualifications and (e) a bachelor’s degree in linguistics but no public service interpreting qualifications are accepted on his Department's list of interpreters.

 

Apsana Begum Labour, Poplar and Limehouse

To ask the Secretary of State for Justice, how many and what proportion of interpreters on his Department's list of interpreters engaged by HM Courts and Tribunal Service have a Level 6, Bachelor’s degree level, Diploma in Public Service Interpreting (DPSI) or Diploma in Police Interpreting (DPI).

 

Apsana Begum Labour, Poplar and Limehouse

To ask the Secretary of State for Justice, what steps HM Courts and Tribunals Service is taking to ensure that interpreters are on his Department's list of interpreters in order to improve the vetting of evidence relating to their experience and qualifications.

 

Apsana Begum Labour, Poplar and Limehouse

To ask the Secretary of State for Justice, if his Department will make an estimate of the number of interpreters on his Department's list of interpreters engaged by HM Courts and Tribunal Service who (a) hold a Level 6 public service qualification and (b) have more than 400 hours’ public service interpreting experience that comply with the National Register of Public Service Interpreter’s Code of Professional Conduct.

 

Apsana Begum Labour, Poplar and Limehouse

To ask the Secretary of State for Justice, how many and what proportion of interpreters have been referred to The Language Shop for independent assessment; and what proportion of those interpreters have been reinstated since 2019.

 

Apsana Begum Labour, Poplar and Limehouse

To ask the Secretary of State for Justice, how long it takes to complete the justice system training course for interpreters; and which organisation oversees that course.

 

Chris Philp The Parliamentary Under-Secretary of State for the Home Department

The Ministry of Justice is committed to ensuring the justice system is supported by a suite of high- quality language service contracts, that meet the needs of all those that require them.

The MoJ does not directly employ interpreters. The MoJ commissions the services of suitably qualified interpreters through its contracted service providers, thebigword and Clarion Interpreting.

MoJ accepts individuals who hold (a) Level 1 foundation in public service interpreting, a two-to-four-week course, (b) Level 2 public service interpreting qualifications, (c) Level 3 and Level 4 community service interpreting qualifications, A-level standard, (d) a bachelor’s degree in philology but no public service interpreting qualifications and (e) a bachelor’s degree in linguistics onto the MoJ Register. They would however only be engaged in work for MoJ if other requirements are also met. These requirements include the hours of experience they have, the complexity of the booking itself and whether the language in question is considered as rare or otherwise.

The contract has a clearly defined list of qualifications, skills, experience and vetting requirements interpreters must meet, which have been designed to meet the needs of the justice system. All interpreters are also required to complete a justice system specific training course before they are permitted to join the MoJ’s interpreter register.

The full details of the standards required for our Language Professionals is set out in our contracts, which can be found at the following link:

https://www.contractsfinder.service.gov.uk/Notice/975cb99e-fec6-430f-8f31-fd532a907137?p=@=UFQxblRRPT0=NjJNT08

Currently there are 1073 interpreters across the MoJ register that hold a Diploma in Public Service Interpreting (DPSI) or Diploma in Police Interpreting (DPI). The number of interpreters listed on the MoJ register fluctuates regularly. The data that has been provided here is accurate to March 2021. Each interpreter has only been counted once irrespective of whether they hold multiple DPSI’s/DPI in different languages.

Evidence of public service interpreting is vetted and accredited via references obtained by our Service Provider thebigword. Thebigword contacts each of the referees to validate all of the information that has been provided.

The hours of experience that are required to be evidenced varies according to the complexity levels and the language itself (rare or otherwise) The contract has a clearly defined list of qualifications, skills, experience and vetting requirements that interpreters must meet.

The MoJ does not hold information regarding the number of interpreters that hold a Level 6 public service qualification and (b) have more than 400 hours’ public service interpreting experience that comply with the National Register of Public Service Interpreter’s Code of Professional Conduct. as there is no requirement to do so within the contract.

Data concerning NRPSI registration is not routinely recorded and is not a requirement of working for the MoJ. The MoJ requires all interpreters to abide by a code of conduct specific to the MoJ. This code of conduct forms part of their contract with the Service Providers under the language services contract.

Since 1^st January 2019, 118 unique language professionals have had either a spot check or an In Person Assessment (IPA) performed by The Language Shop as the result of a referral, 59 of these passed their spot check/IPA and were not removed from the register. Of the 59 that failed their first assessment 5 of these have successfully completed an In-Person Assessment to enable them to re-join the register.

The Justice Sector programme is facilitated by the International School of Linguists Ltd and takes approximately 4 hours to complete.

Criminal court statistics quarterly: October to December 2020

 https://www.gov.uk/government/statistics/criminal-court-statistics-quarterly-october-to-december-2020

25 March 2021

Criminal court statistics quarterly: October to December 2020

https://www.gov.uk/government/statistics/criminal-court-statistics-quarterly-october-to-december-2020