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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Despite his “strong female leads”, Joss Whedon's feminism was never about real women

Many men in TV and film praised for their powerful women are still writing with the male gaze.

Kai Cole, the ex-wife of Joss Whedon, has written an essay alleging that the director isn’t quite the feminist he appears to be. Colour me unsurprised. There’s only so much good-guy posturing a feminist can take before she starts to become a little suspicious.

It’s not that I’ve any particular beef with Buffy the Vampire Slayer, nor that I think men shouldn’t speak out against sexism wherever possible. But I’ve long harboured a mistrust of male directors – Whedon, Woody Allen, Pedro Almodóvar – who gain a reputation of being “good at doing women”. Who are they, these magic woman-whisperers, who see through woman’s childlike, primitive exterior and coax out the inner complexity? How do they manage to present women, these blank, mysterious objects, as actual human beings?

True, these men are working against a backdrop of extreme sexism, in which film dialogue is dominated by males, while females become increasingly silent as they age. Perhaps one should be grateful to anyone who allows a female character to have some glimmer of an inner life, let alone exist beyond the age of 30.

All the same, I can’t help feeling this isn’t enough. We all know the joke about the male feminist who walks into a bar because it’s set so low. It’s all too easy to be “good at doing women” when all it takes is granting female characters the same desires and contradictions we’d grant to any other human being.

Women are not a specific type of puzzle for mankind to solve. The idea that it should take some noble, generous leap of imagination to empathise with us is an excuse men have been using to mistreat us for millennia. When responding to us as though we’re actual human beings – or at least, as though an interesting Real Woman subset of us are – becomes a USP, we should all be worried.

Whedon did go a little way to addressing this in his 2006 acceptance speech for an Equality Now award, in which he mocked the way in which he was constantly asked: “Why do you always write these strong women characters?”:

“Why aren't you asking a hundred other guys why they don't write strong women characters? I believe that what I'm doing should not be remarked upon, let alone honoured.”

If this sounds a little like a humblebrag, it can probably be excused. What’s harder to excuse is this idea that a man who boasts of surrounding himself with women like his mother – “an extraordinary, inspirational, tough, cool, sexy, funny woman” – is doing womankind a favour.

I’m glad you appreciate your mum, Joss, and that you apparently don’t feel threatened by other women like her. There’s a fine line, though, between valuing women and presenting them with a whole new list of impossible standards to live up to. This is why I could never quite buy into the liberatory potential of Buffy. There’s nothing impressive about a man failing to be intimidated by his own strong girl fantasy.

In E T A Hoffmann’s 1816 short story The Sandman, the hero Nathanael falls in love with Olimpia, a doll whom he believes to be a real woman. Once the truth is exposed, the men around him become concerned that they, too, may have unwittingly fallen for automata:

“Many lovers, to be quite convinced that they were not enamoured of wooden dolls, would request their mistresses to sing and dance a little out of time, to embroider and knit, and play with their lapdogs, while listening to reading, etc., and, above all, not merely to listen, but also sometimes to talk, in such a manner as presupposed actual thought and feeling.”

There’s something about the director who’s “good at doing women” that reminds me of this. There’s a recipe for dropping in just the right number of quirks, inconsistencies and imperfections to create a Real Woman Character, without making her so unsexy as to be instantly distinguishable from your Hollywood doll. It’s not that her actual thoughts and feelings matter; it’s all about where she’s positioned in relation to you.

As Sophia McDougall noted in her excellent essay on Strong Female Characters, male characters have complex personalities as a matter of course; female characters, meanwhile, are occasionally permitted to be strong, hence anomalous. The more nuance we see, the better. Even so, I’m tired of the veneration of men who fetishise Real Womanhood just as much as others fetishise the plastic variety.

According to Whedon’s ex-wife, the director’s declared feminist ideals never filtered through into real life. Whether this is true or not, this would be understandable. Real Women are not the same as real women. Equality isn’t a matter of men feeling “engaged and even attracted” to a more diverse range of females. It isn’t about the male gaze at all.

Whedon’s final response to the “why do you always write these strong women characters?” question – “because you’re still asking me that question” – has been seen by many as an explicitly feminist statement. But perhaps all it really meant was “because there’s still a gap in the market”. Because men will always find ways to benefit from other men’s sexism. If Real Women didn’t exist, some man out there would have to invent them. 

Glosswitch is a feminist mother of three who works in publishing.