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Public Service Interpreting in the UK
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How many people are on remand because they did not have an interpreter? The Ministry does not know!

My buddy blogger @Alanw47 asked the Ministry of Justice (MOJ) the following question on the 28th of October: “Could you please tell me how many prisoners are in custody, on remand, awaiting the services of a Court Interpreter? I am specifically interested in prisoners who might not necessarily be in custody on remand if they could have received the services of an interpreter but there was not one available.”

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Is Mr Grayling's legal aid consultation genuine or a sham? Ask an interpreter. - Barrister Blogger

interpreter's insight:

The same attitude last year led the Ministry to ignore all warnings and introduce a catastrophic change in the way that court interpreters were engaged.

 

Examples of the continuing disastrous effect of the interpreters scandal are not hard to find. Possibly the gravest case to be heard anywhere in the country this year is that of R v. Anxiang Du. Mr Du is accused of stabbing four members of the same family to death. He requires a Mandarin interpreter.It was, as the learned judge observed, “an absolute disgrace” that a case of this gravity should be delayed because of a failure to provide an interpreter, but to anyone who has been working in the courts in the last 18 months it was just business as usual.


The Ministry of Justice’s new arrangement for booking interpreters has been, to summarise the views of two Select Committees, a complete and utter shambles. The whole unhappy affair was described in December by Margaret Hodge, Chair of the respected all party Public Accounts Committee as “an object-lesson in how not to contract out a public service.” How much public money has been squandered in lost court time, adjournments and unnecessary remands, to say nothing of wrongful convictions and acquittals it is impossible to say. The system has only been able to stagger on as long as it has because courts were almost immediately allowed to revert to the old system of booking interpreters.

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Court interpreters reject new contract deal | The Law Gazette

interpreter's insight:

Professional Interpreters for Justice, an umbrella group of interpreters’ organisations that oppose the contract, said their members have rejected the new deal and will still not work for the company.

The group wants to see the contract, which has been criticised by two high-profile parliamentary committees and the National Audit Office, scrapped.

The group claims that ‘incidences of interpreter no-shows and poor-quality interpreting’ are disrupting courts on a ‘daily basis’.

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UK Immigration Courts: fresh observations from the Public Gallery | openDemocracy

UK Immigration Courts: fresh observations from the Public Gallery | openDemocracy | Legal interpreting | Scoop.it
interpreter's insight:

"We are disappointed that there seems to have been little change and feel that in some areas the situation has got worse. Interpreting services have been outsourced to a private company which has failed to deliver. 92 people in our sample needed interpreting, and of these 33 had difficulties. Sometimes the interpreter spoke the wrong dialect or even the wrong language. Sometimes the interpreter lacked experience of the courts. For example Dari speaking Afghan applicants agreed that they could communicate effectively with the Farsi speaking interpreter but the interpreter’s initial question: "What is a bail application?" gave cause for concern.
Sometimes judges failed to ensure that all the proceedings were interpreted, so it was not possible for the applicant to know what was going on. In some cases the interpreters did not show up and the hearing proceeded without them."

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MP raises concern with Minister in Anxiang Du missing interpreter case

MP raises concern with Minister in Anxiang Du missing interpreter case | Legal interpreting | Scoop.it
AN MP has raised his concerns that an interpreter failed to show up for a quadruple murder suspect’s court hearing - delaying the case - with the Ministry of Justice.
interpreter's insight:

Mr Ellis said Mr Grayling agreed to look into the matter.

He said: “Mr Grayling was concerned and said he would be looking into it and would take appropriate action in due course.”

Adjourning the hearing for two months, Mr Justice Flaux said: “I will be asking for a written explanation to explain what had happened. It is a complete disgrace.”

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Those Incredible Interpreters

Those Incredible Interpreters | Legal interpreting | Scoop.it
Interpreting is one of the most difficult linguistic skills
interpreter's insight:

It takes more than having two hands to be a good pianist.
It takes more than knowing two languages to be a good translator or interpreter.

 

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Court Interpreting ‘Disgrace’ as Sweeteners Rejected

Court Interpreting ‘Disgrace’ as Sweeteners Rejected | Legal interpreting | Scoop.it
PRESS RELEASE11 May 2013Interpreter organisations, which have united as Professional Interpreters for Justice, have rejected the amended terms introduced by Capita from 1st May in a bid to attract more of their members to work in courts and...
interpreter's insight:

Professional Interpreters for Justice, which represents ten groups, are angry that the Minister of Justice, Helen Grant MP, has brushed off the highly critical Justice Select Committee report (published 6 February) without putting in place measures needed to address the failings, which have been described as ‘nothing short of shambolic’.

PI4J is calling for the Minister to revert to the previous National Agreement arrangement whilst proper consultation takes place on a viable new delivery model which delivers value for money and upholds justice.
Under the National Agreement (until 30 January 2011) qualified interpreters were sourced using the National Register of Public Services Interpreters (NRPSI) which provides and maintains the voluntary register for the interpreting profession. NRPSI ensures required qualification standards are met; the quality of interpreting is defined and maintained through a Code of Conduct; and that access to a database of professional interpreters is freely available for all.

The value of the National Register was endorsed by the JSC report in its conclusions and recommendations (no.4) saying “there do not appear to have been any fundamental problems with the quality of services, where they were properly sourced i.e. through arrangements that were underpinned by the National Register of Public Service Interpreters.”

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Interpreter’s ‘low pay’ halts a trial | UK | News | Daily Express

Interpreter’s ‘low pay’ halts a trial | UK | News | Daily Express | Legal interpreting | Scoop.it
A FURIOUS Crown Court judge had to adjourn a murder hearing because a Mandarin interpreter refused to turn up, claiming he would “not be making enough money”.
interpreter's insight:

Courts say they are now having to bypass the system “more than 50 per cent of the time” as interpreters either fail to turn up, or are not qualified to do the job if they do arrive.

Instead courts are having to raid emergency coffers and revert to the old system of directly sourcing translators.

The campaign group Professional Interpreters for Justice has revealed that Capita is providing only 48 per cent of the interpreters required by courts.

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Interpreting and Translation services and the Applied Language Solutions contract - JUSTICE SELECT COMMITTEE

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UK/Suffolk: Fears probation service privatisation could put communities at risk

UK/Suffolk: Fears probation service privatisation could put communities at risk | Legal interpreting | Scoop.it
PRIVATISING the probation service will leave Suffolk residents at the mercy of offenders due to a chaotic, mismanaged system, a union has warned.
interpreter's insight:
"John Cummins, secretary of the East Anglian branch of NAPO, said he was concerned privatisation of the probation service could prove as disastrous as the decision to outsource the contract for court interpreters.
After the new service began last year there were stories across the country of interpreters not turning up for court cases, not being able to translate properly and defendants spending more time in custody on remand as they were unable to apply for bail."
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Capita and the Outsourcerers: And Poof! Goes the Welfare State

Capita and the Outsourcerers: And Poof! Goes the Welfare State | Legal interpreting | Scoop.it
In recent years the government has farmed out contracts to the private sector to run hospitals, to transport prisoners, to run prisons, to build and run police stations, to build and manage schools...
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Most criminal firms to snub PCT contracts | The Law Gazette

Most criminal firms to snub PCT contracts | The Law Gazette | Legal interpreting | Scoop.it
interpreter's insight:

Jeremy Ornstin, director of London firm Lewis Nedas, said: ‘The government seems to think that a viable legal service will be left intact, simply shrunken and delivering basically the same services, only more efficiently and cheaply.

‘Nothing is further from the truth. You only have to see the shambles and the utter incompetence of tendering in the court interpreter contract to see what’s going to happen.’

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Capita's court interpreting improving? Twitter says No!

Capita's court interpreting improving? Twitter says No! | Legal interpreting | Scoop.it
3rd May 2013Julie Clemitson ‏@JulieClemitson  is it correct that Capita required to answer for repeated failures to supply interpreters at Newcastle Crown Court this week?
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House of Commons - Justice Committee: Supplementary evidence from the Professional Interpreters for Justice following the evidence session on 23 October 2012

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Interpreters and legal aid consultation

Interpreters and legal aid consultation | Legal interpreting | Scoop.it
Criminal barristers and solicitors are now about to be subjected to the same MoJ treatment as interpreters.  Under a \
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'Screw-ups endemic', says QC of Capita interpreting contract

'Screw-ups endemic', says QC of Capita interpreting contract | Legal interpreting | Scoop.it
A top barrister has heavily criticised Capita Translating and Interpreting's courtroom services, and accused the MOJ contract of "wrecking the system".
interpreter's insight:

Mr Turner warned: “[This contract] is wrecking the system and screw-ups are now endemic. It is a con on the taxpayer and a con on the victims of crime.” He added that when Capita’s interpreters do turn up in court, they often can’t speak English or do not speak the language that is required.

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How to get ahead in … public services translation

How to get ahead in … public services translation | Legal interpreting | Scoop.it
East London housing provider pays multilingual staff extra to help it communicate with ethically diverse communities
interpreter's insight:

"People only look at interpreting as a cost but we save money because our purpose is to enable communication,"

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Interpreters ask MPs to support a debate in Parliament on failures of FWA with Capita

Interpreters ask MPs to support a debate in Parliament on failures of FWA with Capita | Legal interpreting | Scoop.it
13 May 2013Dear Ms FeatherstoneMy sincere thanks for your swift response to my email. I appreciate your following up on this matter.
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Exaro: Capita contract for court interpreters veers towards ‘collapse’

Exaro: Capita contract for court interpreters veers towards ‘collapse’ | Legal interpreting | Scoop.it
Courts in disarray as translators refuse to work after Capita slashes travel expensesInterpreters are warning that the huge private contract to provide translation services for courts in England and Wales is on the brink of collapse.It comes as...
interpreter's insight:

Capita said in a statement: “In the past, interpreters were paid for travel time and travel expenses, which were then passed on to the [court service].”

“This is no longer the case.”

“Additional costs for travel time and travel expense are not being passed on, and will not be paid for by public authorities.”

Buckingham said: “There is great unhappiness at the removal of the payment of tickets for public transport.” The bid for the contract to supply translation services for courts “was unfeasibly low in the first place,” he added.

The discontent is part of wider unrest over government reforms to the justice system. Lawyers are gearing up to protest about a shake-up to legal aid by staging “strikes” nationwide that threaten chaos in courts in England and Wales.

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One Year on: The Ministry of Justice's Failed Interpreting Contract

One Year on: The Ministry of Justice's Failed Interpreting Contract | Legal interpreting | Scoop.it
The latest on the Ministry of Justice (MoJ) contract, which is approaching its one year anniversary, is that the contract holders, Capita are still hanging on. From 8th January the travel costs are...
interpreter's insight:

The next chapter in this story will surely be that no-one will work for Capita at the proposed rates. £16 – £22 per hour for a court job, with many being classed at the £16 per hour level – if someone paid out more than they were allowed to claim and travelled far to attend a job, Capita’s so-called linguists would be working for less than the minimum wage. The MoJ surely could not expect professionals for those prices and professionals it does not get. The courts have seen a parade of second-jobbers standing in for professional interpreters including hotel staff walking out of courtsbefore hearings are finished to get back to their real jobs, reports of mis-interpretationsabound and ‘linguists’ who do not speak their stated languages.

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Du interpreter row: System “out of control” says MP Ellis

Du interpreter row: System “out of control” says MP Ellis | Legal interpreting | Scoop.it
Northampton North MP Michael Ellis said today’s failings over an interpreter for quadruple murder suspect Anxiang Du showed the service was “out of control”.Mr Ellis, who is also a barrister, was speaking after Du appeared at Nottingham Crown...
interpreter's insight:

The high court judge, Mr Justice Julian Flaux, hit out at the outsourcing company providing the interpreters, Capita, labelling them “an absolute disgrace”.

He said the firm indicated it was not worth sending one as they “would not make enough money” from the hearing.

Mr Ellis said: “In my view this is an outrage and a disgrace. That will have cost the public purse very large sums for the aborted hearing.

“It is something I am prepared to raise with the Secretary of State for Justice, Chris Grayling. I think he will want to hear about it.

“The court interpreting system is out of control. The representations from solicitors about the cost of the interpreting service, coupled with this, very strongly outlines the need for urgent reform.

“There should be an inquiry about this.”

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House of Lords : Cumulative list of unanswered Questions for Written Answer (8th May 2013)

interpreter's insight:
Lord Avebury to ask Her Majesty’s Government how many hearings of the second tier immigration tribunal have been cancelled on the grounds that (1) interpreters failed to attend, or (2) interpreters attending did not speak the correct language, since Applied Language Solutions began operating as the Ministry of Justice’s sole contractor for language services in February 2012. HL71
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Capita and the Outsourcerers: And Poof! Goes the Welfare State

Capita and the Outsourcerers: And Poof! Goes the Welfare State | Legal interpreting | Scoop.it
In recent years the government has farmed out contracts to the private sector to run hospitals, to transport prisoners, to run prisons, to build and run police stations, to build and manage schools...
interpreter's insight:

The ‘cost effectiveness’ argument for outsourcing assumes that a private ‘specialist’ can deliver a more efficient service than the public sector.  Or, as some in the trade might put it, deliver more for less.  The fact is that in most cases, while the bidding stage presents a short term saving, the longer term picture is quite the opposite.  But why is this?

Firstly, the profit motive.  The corporation is out to make a profit from the service they provide, unlike the public sector provider.  This means that all things being equal, the private provider will cost more.

Secondly, in the quest to make substantial reductions in costs, the brunt is most often met in the terms and conditions of the workforce.  Low pay, reduced job security, and fewer jobs might reduce the costs of the service, but ultimately create another bill for the government to pick up down the line.

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Reading Crown Court and direct interpreter bookings

Reading Crown Court and direct interpreter bookings | Legal interpreting | Scoop.it
Reading Crown Court has 2 sign-in books, one for Capita linguists and the other for NRPSI interpreters.
interpreter's insight:

Reading Crown Court has 2 sign-in books, one for Capita linguists and the other for NRPSI interpreters. A quick look in both books shows that for the month of April 2013 alone, the number of NRPSI members rescuing the courts here was very, very significant. The court staff who rang to book me in ADVANCE seemed to be extremely weary of Capita so has chosen the sure, safe old way of booking interpreters directly.

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International Conference on Court Interpreting in London - still resisting ALS/Capita in the justice sector

International Conference on Court Interpreting in London - still resisting ALS/Capita in the justice sector | Legal interpreting | Scoop.it
Legal interpreters aim to reverse outsourcing to commercial agencies, assure proper working conditions and gain statutory regulation of their profession.
interpreter's insight:

Legal and court interpreters aim to reverse outsourcing to commercial agencies, assure proper working conditions and gain statutory regulation of their profession.

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The court interpreting fiasco – the facts and the friction

Analysis of the court interpreting fiasco
interpreter's insight:

Outsourcing offers most businesses greater flexibility and control, and in the private sector, this allows them to increase profit margins. In the public sector, and on such a large scale, we would never advise the government to outsource all work to one company, as regardless of the company’s size or success, they would never possess the capacity to manage such a large contract. Although the MoJ’s cost-cutting motivations were sincere, it just wasn’t possible to save £18m a year without impacting on quality. Trying to convert a system that allowed courts to hire their own interpreters, working on a freelance basis for a rate that is justified and reflective of their profession, into a system that forces all courts to wait for interpreters to be allocated, unqualified interpreters being paid the same as highly qualified interpreters suffering a 60-80 per cent pay cut, was just never going to work.

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