Poor language interpreting in courts ‘could lead to miscarriages of justice’ according to a new report by the House of Lords.
The House of Lords Public Service Committee has detailed how the current system of court interpreting is ‘not working efficiently and effectively’ and poses ‘a significant risk to the administration of justice’.
The report found that while interpreting services affect only a small proportion of the cases in courts, ‘it is essential that in those cases justice is administered effectively’. The Magistrates’ Association expressed concerns in their evidence to the committee that these issues ‘could lead to miscarriages of justice’ due to defendants not understanding ‘what they have been charged with, or their legal options’.
The report responds to growing frustrations with the current system. In September and October last year, as reported by the Law Gazette, interpreters withdrew their labour in protest against the contractor and outsourcing of translation services in the courts. Andrea Hurtado, a Spanish-language interpreter, quoted in the Guardian last September, said; ‘using unqualified interpreters was wrong as “lives are at stake” in criminal proceedings’.
The report echoed those concerns and concluded that outsourcing of language services resulted in ‘lower pay rates, lower qualification requirements the use of interpreters without appropriate qualifications, [and] poor terms and conditions of working’.
The report also highlights other issues, such as omissions in the Ministry of Justice’s data on court interpreting services. This makes it difficult to identify and address problems within the current system, contributing to a disconnect between the government and those working within the justice sector.
Committee chair Baroness Morris of Yardley, as quoted in the Law Gazette, stated: ‘we can honestly say that from everyone who has been using the translation services…no one thinks it works well’. The Committee called for the new tender process to be ‘paused and reviewed’.
Giving evidence to the committee, Sarah Sackman KC MP, Minister for Courts and Legal Services, said that ‘the current contract is not performing too badly’. She also believed that pausing the tendering process would be ‘deeply counterproductive’ and issues could be looked at as part of the procurement process.
