Cost savings on court interpreting services are anything but

Professional interpreters are boycotting courts because of new pay arrangements.

Whenever I am woken up on Saturday morning by a phone call, I know yet another blow has been dealt to British taxpayers. For it's almost certainly a magistrates' court requesting an interpreter to replace a no-show. If you missed the (surprisingly few) headlines dedicated to the recent confusion in courts, here is the story so far.

Until this year, courts used to book registered public service interpreters directly. On 1 February 2012, a new agreement was put in place, supposedly to make the system more efficient. The contract privatising court interpreting services in England and Wales was won by Applied Language Solutions (ALS), owned by the outsourcing firm Capita, which has promised to cut the annual £60m interpreting bill by 20 per cent. This figure, £12m per year, however attractive in the current climate, has two flaws: no one can see how it was derived, nor how it can be achieved.

Geoffrey Buckingham, the chairman of the Association of Police and Court Interpreters (APCI), said of ALS' target: “We first heard about it in September 2010, in a meeting with the MoJ. It was given as a ballpark figure, based on nothing solid and arrived at without any consultation.” APCI presented a number of documents to the MoJ, indicating that the spending is likely to increase as a result of outsourcing. This prediction turned out to be correct. Keeping people in custody while hearings are delayed costs money, as do appeals caused by poor interpreting. Buckingham also spoke of “the weekly humiliation of the criminal justice system”, referring to a number of cases adjourned because of interpreters' unprofessionalism. That's before you start counting the human costs of what appears to be a classical example of privatisation gone wrong.

It's not only the opponents of the Framework Agreement that point out its downsides – the MoJ now admits the savings may not be as great. Justice Minister Lord McNally said ALS had made “a very poor start to this contract” and that “some of the original estimates of a £12m saving in this first year will probably not be achieved.” Baroness Coussins, an independent cross-bench peer, was sceptical about the data supplied by ALS: “These figures come without any independent verification or audit and they tell a very different story from the complaints we are hearing daily from judges.” Indeed, it's hard to see how the MoJ can effectively monitor the quality of these services. Working for courts, I often wondered if anyone could give me any post-assignment feedback and once asked a clerk to fill in an improvised form; he was unable to write more than “was of assistance to judge.” Proper assessment would be too costly, whereas a certificate issued by an independent body is at least some guarantee that the person sitting in the dock is not going to call the defendant, accused of perverting the course of justice, a pervert.

The chaos in courtrooms was initially put down to “teething troubles”. An MoJ spokesperson admitted: “There have been an unacceptable number of problems in the first weeks of the contract” – thanks to incompetent interpreters who have failed to turn up on some occasions and made irreparable mistakes on others. When a Romanian interpreter mispronounced a defendant's statement, saying “bitten” instead of “beaten”, a retrial had to be ordered at Snaresbrook Crown Court, after the error was admitted. This four-day case is estimated to cost taxpayers £25,000; another one, in Leicester, which collapsed after three weeks for a similar reason, will be even more expensive. That ALS uses unqualified “linguists” is no secret; to prove this, a frustrated professional successfully registered her dead pet with the company.

Previously interpreters received a flat fee of £85, a lower quarter-hourly rate after three hours and were paid for travel time and expenses. This has been replaced by an hourly rate of £16, often with no travel reimbursement. No wonder the majority of professional interpreters are boycotting the ASL contract. Their protest outside the Houses of Parliament in April was strong but fruitless; still, Interpreters for Justice campaign continues. To keep the MoJ under pressure, activists go on writing to their MPs, signing petitions and reporting substandard cases online. Yelena McCafferty, an experienced court interpreter, said on behalf of her colleagues: “We feel the new principles are both unfair and completely unworkable from the practical point of view. Many interpreters have left the profession to try their skills elsewhere.” Asked about the MoJ's response, she added: “Not only are they failing to monitor the performance delivered – or undelivered – by ALS, they are also turning a blind eye to everything we have exposed in the media and on our campaign website.”

APCI submitted their own proposal aimed at improving court interpreting services nearly two years ago, but got no answer from the MoJ. The ministry seems to be less interested in cost reduction than Cambridgeshire Constabulary, which shashed their interpreting expenses via better management rather than payment cuts. “The Framework Agreement is dying a painful death,” said Buckingham. “I think it should be put to sleep.”

Let's hope someone is going to listen to the voice of reason. This would mean less disruption in courts, and in my home at weekends.

 

The Scales of Justice on top of the Old Bailey. Photograph: Getty Images
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Inside the progressive alliance that beat Zac Goldsmith in Richmond

Frantic phone calls, hundreds of volunteers, and Labour MPs constrained by their party. 

Politics for a progressive has been gloomy for a long time. On Thursday, in Richmond Park of all places, there was a ray of light. Progressive parties (at least some of them) and ordinary voters combined to beat Ukip, the Tories and their "hard Brexit, soft racist" candidate.

It didn’t happen by accident. Let's be clear, the Liberal Democrats do by-elections really well. Their activists flood in, and good luck to them. But Richmond Park was too big a mountain for even their focused efforts. No, the narrow win was also down to the fast growing idea of a progressive alliance. 

The progressive alliance is both a defensive and offensive move. It recognises the tactical weakness of progressives under first past the post – a system the Tories and their press know how to game. With progressive forces spilt between Labour, Liberal Democrats, Greens, the SNP, Plaid Cymru, the Women’s Equality Party and more – there is no choice but to co-operate, bring in proportional representation and then a whole new political world begins.

This move opens up the wider strategy – to end the domination of the City, and right-wing newspapers like the Mail, so Britain can have a real debate and make real choices about what sort of economy and society it wants. A pipedream? Well, maybe. But last night the fuse was lit in Richmond Park. The progressive alliance can work.

Months before the by-election, the pressure group for a progressive alliance that I chair, Compass, the Greens, and some Labour, Liberal Democrat and SNP MPs and activists, began considering this. The alternative after Brexit was staring into the void.

Then the Tory MP Zac Goldsmith stepped down over Heathrow. To be fair, he had pledged to do this, and we should have been better prepared. In the event, urgent behind-the-scenes calls were made between the Greens and the Liberal Democrats. Compass acted as the safe house. The Greens, wonderfully, clung onto democracy – the local party had to decide. And they decided to stand up for a new politics. Andree Frieze would have been the Green candidate, and enjoyed her moment in the autumn sun. She and her party turned it down for a greater good. So did the Women’s Equality Party.

Meanwhile, what about Labour? Last time, they came a distant third. Again the phones were hit and meetings held. There was growing support not to stand. But what would they get back from the Liberal Democrats, and what did the rules say about not standing? It was getting close to the wire. I spent an hour after midnight, in the freezing cold of Aberdeen, on the phone to a sympathetic Labour MP trying to work out what the party rule book said before the selection meeting.

At the meeting, I am told, a move was made from the floor not to select. The London regional official ruled it out of order and said a candidate would be imposed if they didn’t select. Some members walked out at this point. Where was the new kinder, gentler politics? Where was membership democracy? Fast forward to last night, and the Labour candidate got less votes than the party has members.

The idea of a progressive alliance in Richmond was then cemented in a draughty church hall on the first Tuesday of the campaign – the Unitarian Church of course. Within 48 hours notice, 200 local activist of all parties and none had come together to hear the case for a progressive alliance. Both the Greens and Compass produced literature to make the case for voting for the best-placed progressive candidate. The Liberal Democrats wove their by-election magic. And together we won.

It’s a small victory – but it shows what is possible. Labour is going to have to think very hard whether it wants to stay outside of this, when so many MPs and members see it as common sense. The lurch to the right has to be stopped – a progressive alliance, in which Labour is the biggest tent in the campsite, is the only hope.

In the New Year, the Progressive Alliance will be officially launched with a steering committee, website and activists tool-kit. There will also be a trained by-election hit squad, manifestos of ideas and alliances build locally and across civil society.

There are lots of problems that lie ahead - Labour tribalism, the 52 per cent versus the 48 per cent, Scottish independence and the rest. But there were lots of problems in Richmond Park, and we overcame them. And you know, working together felt good – it felt like the future. The Tories, Ukip and Arron Banks want a different future – a regressive alliance. We have to do better than them. On Thursday, we showed we could.

Could the progressive alliance be the start of the new politics we have all hoped for?

Neal Lawson is the Chair of Compass, the pressure group for the progressive alliance.

Neal Lawson is chair of the pressure group Compass, which brings together progressives from all parties and none. His views on internal Labour matters are personal ones.