The MoJ Interpreting Contract Fiasco: Is It Over?

Anecdotal reports over the past few weeks have pointed to continued failures of provision of interpreters to the MoJ. Interpreters are still travelling from Birmingham to London for a morning’s work then failing to stay for the afternoon leaving courts stranded as the only way a ‘linguist’, i.e. untrained interpreter, can make a living is by increasing their travel expenses.

The ‘linguist’ who caused a collapsed trial to the tune of £25k was seen working in courts again despite the collapse being in the papers.

West Midlands Police are letting suspects out on bail as it is taking days to get someone to come to the station, once this reportedly included witnesses in a murder case.

Criminals who have not been CRB checked are working in courts as ‘linguists’ and are reportedly ‘helping their mates stay out of jail.’

Other reports suggest some courts have given up using the national framework agreement (FWA) altogether and are back to sourcing their own interpreters. This would be one reason that would explain, amongst others, why many more court bookings are coming through a variety of agencies for Sign Language Interpreters.

Key ALS executives, David Joseph and Richard Loyer, amongst others, who were in charge of interpreting have reportedly left and joined a translation company called Language Wire and Gavin Wheeldon no longer has ALS as current on his LinkedIn profile and is now working for a catering company.

The misinformation that has been coming out from Minsters, namely Crispin Blunt, that interpreters earned six figure salaries, that the old system was a complete mess and that the new all-singing, all-dancing systems were going to save millions was always going to be hard to counteract.

The problem for government has always been that the figures the proposed savings were calculated on were created out of thin air. This is why FOI’s have gone unanswered. There are no figures. The only figures we have were created by the company themselves. Rather than proper research, a comprehensive scoping exercise with well thought out recommendations, what really happened was the contract was given to the lowest bidder and we were left with a mess.

It may seem quiet. It isn’t. It is just that the media is waiting for the outcome of the political fight which is happening behind closed doors and about to come to fruition. Hats off to the Professional Interpreters for Justice, Unite the Union, the Professional Interpreters’ Alliance, APCI, SPSI and all the interpreters who have held firm and boycotted the contract at risk of losing their livelihoods, their homes. What we have now is stalemate.

MP Magaret Hodge took the concerns of interpreters to the National Audit Office and the contract is being investigated. Dossiers of the many failures observed by interpreters monitoring the courts when they had no work have been produced as evidence. The Public Accounts Office have been alerted. So too the Justice Select Committee. A parliamentary event for MPs is being organised.

In the contract, failure to supply results in penalties. Judges who are minded to do so when cases have been adjourned have charged ALS with wasted costs orders. The barrister costs for each time a wasted costs order is brought must be substantial. The other penalties in the form of service credits as stated in the FWA can not be profitable. The proposed figure that Capita is losing on this contract that I have heard from three difference sources is a hefty sum. Per week. Capita can afford to take the loss but why keep a contract that does not and cannot perform?

The original business model was to supply language speakers within a 25 miles radius cheaply to courts having made these potential ‘interpreters’ pay for their own assessments at £125. That got dropped within weeks of the start of the contract to ‘free’ when noone would work for this company, then the assessment was dropped altogether. ALS are reportedly now saying that they will insist their interpreters are properly qualified and they should have passed the DPSI exam. The weekly updates of proposed service improvments mean that the original business model barely exists. It can not be profitable any longer and with growing political pressure it is surely only a matter of time before talks with interpreting associations will resume and alternatives to this fiasco will be tabled.

We are looking at a real opportunity. No longer do the media label interpreters as scroungers, the courts can recognise an interpreter of quality and work can be done with government on ensuring trained, registered interpreters are in court working for fair pay, and being respected for it. And the government could save money if it learns its lesson and works with the interpreting associations rather than against. They’ll be a lot of people soon saying I told you so.

Advertisements

PIA Meeting for Interpreters: Why you should Join the Boycott

I attended the PIA (Professional Interpreters’Alliance) meeting today in Birmingham along with seven other Sign Language Interpreters. We made an interesting little cohort at the back and everyone was pleased to see us. It felt a little bit like we came to the party late but at least we had finally turned up. I’m going to join too as it is only a tenner.

There is much worth repeating here for the benefit of those that could not make it and perhaps for Sign Language Interpreters this will help in being able to make an informed choice about whether or not to boycott the MoJ’s contract for interpreting and translation awarded to ALS now owned by Capita.

Firstly there was a reminder about how far court interpreting had come and how this contract has returned us straight back to a time when interpreting did not have rigorous standards in place.  The case of Iqbal Begum was quoted. She was a Pakistani woman who since arriving in the UK had suffered a torrent of domestic violence at the hands of her husband. One day when she could take it no longer she hit him over the head with an iron bar and killed him. Having learnt little English, she required an interpreter. This was in 1981. She had only answered one question to say she understood the charge against her. She had pleaded guilty to murder and was sentenced accordingly without understanding the term manslaughter. She served four years in jail before an appeal. The details of which were only released in 1991 after pressure from the local community in Birmingham.

Whilst trawling the internet I found news of two publications released in 2004 highlighting standards within interpreting: An Equality Handbook for Judges and a guide to commissioning excellent interpreting services published by CILT. A mere eight years later and they may as well have not been written.

We then heard how David Cameron whilst speaking to voluntary associations, before the Coalition government came to power, said in a speech that they would distance themselves from large companies, that ministers would be encouraged NOT to outsource but rather that they should be more innovative and award contracts to smaller companies. The CEO of Capita, Paul Pindar was said upon the news that the Conservatives were in power that this was a good opportunity for them. They have since increased their turnover by 17%  to £2.6 billion. That is £325 million in pre-tax profits.

We heard that many linguists have been out of pocket by the time they have travelled and paid for petrol on the payments they have received. One man was even more out of pocket after non-payment.

We heard how the previous system may not have been perfect (what system is?) but that at least there was a system: courts could book direct using the NRPSI register of interpreters who had been trained and assessed through the Institute of Linguists and where the courts and associated services adhered to the National Agreement which was in place. What we have now of course is one company who has become the regulator, the trainer and assessor (though not many ‘linguists’ seem to have gone through any assessment at all) and there are few standards being upheld. There are many stories of ALS personnel sitting in the dock and not speaking a word to the defendant. There is clearly no interpreting involved here.

Next up we discussed how interpreting associations have not suggested a boycott but rather informed their members of the information and options available to them. Judges and solicitors have reportedly been impressed by the will of court interpreters to continue the boycott. This is impressive when you realise that many have been without work for over three months since this contract begun. That is the strength with which they fight this contract and the refusal to be denigrated into accepting less and having their profession torn apart.

So what of the future? We were urged to contact our MPs, to get questions asked in the Houses of Parliament. FOI requests are being ignored and the excuse used is that there are no centrally held records. As the cost would be prohibitive in collecting the data the FOI can then be dismissed. Getting your MP to ask questions is the only way.

We talked about the figures due to be released by the MoJ on Thursday which will cover the first three months that the contract was in place to the 30th April. Of course these are not the MoJ’s statistics. They are being collated by ALS. The stats are hardly likely to be unfavourable. How is that for public accountability?

The options for interpreters were discussed. As many now know, ALS are not filling this contract alone. Bookings are being farmed out to agencies (this is true in the case of Sign Language too with no less than four other agencies being handed out bookings, there maybe more).

Let us be clear, if you work for ANY agency doing a court (or police, or probation) booking you are helping this contract survive.

Courts are also now allowed to book interpreters direct. This is also true for Sign Language. There was much discussion about whether we should all boycott courts too. Although it is true that a contrast can be seen in quality when a properly trained and registered interpreter attends a booking it was whole-heartedly agreed that the boycott should continue.

The words that have been used are that this contract has created a ‘mixed economy’. It hasn’t. This contract is nothing more than a dangerous monopoly. Dangerous as it leaves a non-specialist in control of market conditions i.e. OUR terms and conditions. And do not think you are safe. In 2010 Sign Language Interpreters were hit by a tidal wave of outsourcing when the North West procurement hub handed over contracts to ALS thereby creating a local monopoly. Talk to any interpreter there and they will tell you what happened to standards, what happened to their terms and conditions.

What we had today was a room full of passionate interpreters who care about standards and access. Who have earned very little money in the last three months. Who understand that to work for this contract is to put nails in the proverbial coffin of our profession.

If you are a Sign Language Interpreter do not think you are safe. You are not. It is not that we are next, it has already happened. Our T&C’s are all ripe for the eroding now we have a monopoly and BSL and other spoken language agencies chomping at the bit to stay in business. One of whom stuck an unregistered signer in a courtroom.

Last week as I was a solicitors’ interpreter in court a BSL interpreter turned up for the first time. On the previous five occasions since this contract started… no interpreter. I could not bring myself to talk to her.

If you are an interpreter reading this, if you had been in that room today and you were aware of just what this contract has done, how the government has devalued interpreting, you saw the passion and commitment of the interpreters present and heard what the risks are of working for this company… No. You would be boycotting the framework agreement and any agency associated with the contract too.