15 November 2012 by Alex Varley-Winter
Government
gags magistrates over interpreter ‘fiasco’ in courts
Magistrates have been gagged in an attempt to
conceal embarrassing details of problems with court interpreters following
privatisation of translation services in England and Wales.
Exaro can reveal that the government clampdown has
prevented magistrates from supplying crucial data to an inquiry into
translation services for courts, which is being held by MPs on the House of
Commons justice committee.
Court clerks
have also been banned from expressing their opinions on the privatised
services.
The justice committee is holding an inquiry after
repeated reports of problems since Applied Language Solutions (ALS) became the
ministry’s sole contractor for translation services in courts in February.
Peter Beeke, chairman of Peterborough Magistrates
court, told Exaro that he had been “forbidden” from providing data to the
committee.
The senior magistrate said that he had made a
“formal request” to be allowed to provide the committee with monthly reports
that he receives on translation services.
But at a meeting with local chiefs in the HM Courts
& Tribunals Service (HMCTS), an agency of the Ministry of Justice, he was
“formally” told that he could not send copies of the reports to the committee.
He wrote to the committee to explain the position:
“As Bench chairman, I receive a monthly report of ALS failures. HM Courts and
Tribunal Service has specifically forbidden me from passing that data to this
inquiry.”
Magistrates are, however, permitted to give their
opinions on the interpreting services. Beeke wrote: “Bearing in mind that I am
not allowed to quote in precise detail, the numbers [of problems] remain at an
unacceptable level.”
“Magistrates have to put up with this poor service,
as do defendants, prosecutors and defence solicitors, and we are powerless to do
much about it.”
He warned the committee about relying on statistical
reports from Whitehall, saying: “I am told that there is a new logging system
for ALS and other service-provider failures. This will only record the amount
of court time lost due to such failures.
“This will
seriously understate the real cost, but will look good when Whitehall reports
to Parliament. You should regard such reports with the greatest scepticism. It
will not show extra costs for prosecutors, defence lawyers, secure transport
services and custody costs.”
A spokesman for the Ministry of Justice said that
statistics on language services are collated centrally “to ensure impartiality,
objectivity and integrity, among other requirements.”
The ministry had “strong reasons” to change the
system for supplying interpreters, he said. “We remain confident the contract
will make the expected saving of £15 million a year for the Ministry of
Justice.”
In August last year, the ministry gave ALS the
contract to provide all interpreting services for courts in England and Wales.
It was part of a ‘framework agreement’ across the justice sector worth £168
million over four years.
Capita Group, the biggest supplier of outsourcing
services in the UK, bought ALS last December for £7.5 million, with a possible
further £60 million depending on performance over four years. Since October,
ALS has been trading under the name Capita Translation & Interpreting.
But the interpreting services have been dogged by
problems. A poll in March showed that nine out of 10 court interpreters were
refusing to work for ALS, leading to what they see as a fiasco in the supply of
translation services in the UK’s criminal-justice system.
A spokesman for the company said: “Our interpreters
are qualified to the standards required to provide services to the
criminal-justice system,” adding, “Complaints have also fallen dramatically and
we shall continue to push for further improvement.”
Klasiena Slaney, director of the Society of Official
Metropolitan Interpreters, which represents court and police translators, told
Exaro: “It is horrendous what is going on in terms of gagging.”
“Properly trained and qualified interpreters
contribute to safeguarding human rights. There needs to be an increased
recognition of the standing of the profession. Without this, the existing
problems are likely to be perpetuated.”
Geoffrey Buckingham, chairman of another body
representing translators in the criminal-justice system, the Association of
Police and Court Interpreters, added: “The amount of money that is being wasted
in ancillary costs is colossal.”
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