14 January 2013
Poor
interpretation services will lead to miscarriages of justice
The decision to outsource
interpreting
services to a single
provider which is both commercial agent and regulator continues
to present threats to the administration of
justice, says Jessica Myint Thinn
The decision taken by the
Ministry of Justice in February
2012
to outsource its court interpreting services to a sole contractor, Applied
Language Solutions (ALS), using the new Framework Agreement (FWA) remains a
concern. Almost a year down the line initial concerns have escalated as the
service supplied by ALS under the FWA has continually failed to provide the
quality interpreting services required.
Previously interpreters
used in court cases had to be registered with the National Register for Public
Service Interpreters (NPRSI) – which involves fulfilling rigorous entry
criteria with regards to qualifications and experience, and committing to
professional standards by signing its Code of Conduct. This is no longer the
case under the new system.
Disruption and delay
The FWA divides
interpreters into three tiers. While NRPSI registered interpreters hold
top-tier status, interpreters from the other two tiers are used in
circumstances such as legal proceedings and court cases where only highly
qualified interpreters should be engaged. The supply of unqualified,
inexperienced and incompetent interpreters by ALS has led to disruptions and
delays to court cases resulting in additional costs for the judicial system and
taxpayer.
In addition, the service
provided by ALS – recently acquired by Capita Group – is reliant on an
electronic booking system that is not fit for purpose, resulting in a failure
to supply interpreters and interpreting assignments being inefficiently
allocated, thereby preventing the justice system from operating efficiently.
As the sole provider for
the MoJ the ALS also has monopoly
status
and control over recruitment, pay, price, quality and other factors preventing
fair competition and affecting the working conditions of interpreters. This has
led to a number of experienced registered professionals leaving the sector and
others refusing to work for ALS, further driving down the quality of service
provided to the courts.
Independent appraisal
The interpreting profession
has been united in its concerns about the outsourcing of court interpreting
services to a single provider under the FWA from the outset and consistently
expressed these. Its calls for an independent appraisal of the new system,
coupled with the consistently poor service delivered by ALS and the FWA, led to
investigations by the National Audit Office (NAO) and Public Accounts Committee
in the second half of 2012, as well as the current Justice Select Committee
inquiry into the provision of interpretation and translation services supplied
by ALS.
In response to these
inquiries NRPSI requested all relevant sector participants and stakeholders be
involved in the review, and highlighted the critical importance of not only
using registered interpreters who are appropriately qualified and are
accountable, but the vital role that an independent regulator plays in
maintaining standards and ensuring the public has equal access to public
services.
The Public Accounts
Committee has already published its report, stating ”The Ministry did not
conduct thorough due diligence checks on ALS before signing the FWA” and
supporting the need for change. The publication of the Select Committee report
is expected shortly, the results of which will impact on the way the judicial
system operates. Without pre-empting what will be in the report, it is clear
that action needs to be taken to maintain and protect the standards of
interpreting services for the good of the justice system and to safeguard the
public.
NRPSI recognises there were
problems with the previous system for appointing individual interpreters and
understands the need for public services to improve efficiency and reduce
expenditure while ensuring taxpayers receive value for money. However, it also
believes savings should not be made at the expense of quality and public safety
– both of which are threatened by the framework agreement and ALS contract.
Threat to justice
As it stands, the current
arrangement is a threat to justice.
The
ALS cannot fulfil the roles of both commercial agent and independent regulator.
The two need to be separate and autonomous if standards are to be maintained
and healthy competition promoted.
An independent regulator is
vital to the establishment of a sustainable interpreting profession. With the
soon to be introduced European Directive 2010/64/EU on the right to
interpretation and translation in criminal proceedings, requiring each member
state “to establish a register or registers of independent translators and
interpreters who are appropriately qualified”, the necessity of NRPSI as the
UK’s independent register and regulator comes into sharp focus.
Unless changes are made a
situation similar to the one that gave rise to NRPSI may occur. An interpreter
engaged for a murder trial was not trained and did not speak the same dialect
as the accused, leading to a serious miscarriage of justice. This and similar cases
led to a review by Lord Woolf and his report ‘Access to Justice 1996’, after
which the NRPSI was established.
Issue: Vol 157 no 02
15-01-13
Article Author: Jessica
Myint Thinn is executive director of the National Register of Public Service
Interpreters (NRPSI) (www.nrpsi.co.uk )
