Chaos in courts
This article was printed in a Scottish Paper on 1st
November 2009. It is good that the newspapers are reporting
on interpreting and translation issues because nobody in the
country seems to be aware of the calamitous state of our
profession. Although the situation in England is not quite as
bad as how it is described in the article, if the rot is not
stopped it will be similarly afflicted in the not too distant
future.
Battle of words threatens chaos in the
courts
Published Date: 01 November 2009
By Martyn McLaughlin
SCOTLAND's justice system is facing a revolt from professional
interpreters which could throw the nation's courts into chaos,
Scotland on Sunday can reveal.
In an increasingly bitter battle over pay and conditions, the
translators claim they are faced with swingeing cuts to their
contracts amid grave concerns over the increasing use of
unqualified and inexperienced substitutes that could lead to
serious miscarriages of justice.
They have now rallied together to form a new professional body –
the Scottish Association of Interpreters & Translators (SITA) –
with some members threatening to boycott court hearings and hold
demonstrations to highlight their cause.
They claim that inadequate translation services could lead to
foreign nationals either being wrongly convicted or escaping
justice.
The Miscarriages of Justice Organisation Scotland (MOJO) said
the cutting of costs signalled a "very dangerous move", and
threatens to undermine defendants' rights to a fair trial under the
European Convention on Human Rights.
SITA has condemned a new contract, which came into force earlier
this year, which allows for one agency, Global Language Services
Ltd, to provide the overwhelming majority of work for the Scottish
Courts Service (SCS), the Crown Office and the Procurator Fiscal
Service.
It has now started a database of problems in court cases linked
to inexperienced translators which will be submitted to Kenny
MacAskill, the justice secretary.
The director of Global Language Services admitted that mistakes
could be made in court, but said his industry is not as
"formalised" as other professions.
The arrangement means that even those self-employed interpreters
with years of experience are guaranteed only £36 for a day's work,
inclusive of travel costs. Many say they are being "starved" out of
their profession as a result – one veteran is now eking out a
living as a taxi driver – and replaced by individuals with
insufficient training and a potentially dangerous ignorance of the
legal system.
This is despite the fact that the number of eastern European and
other non-UK nationals appearing in court has risen in recent
years.
Melanie Beaumont, a Spanish interpreter with 12 years'
experience, said: "It's a scandalous situation. The new government
contract has basically dealt a death blow to our profession, and
there are going to be several miscarriages of justice, not just
one."
Beaumont, the Edinburgh convenor for SITA, added: "A major
implication of all this is that foreign nationals, people who are
already psychologically vulnerable, don't have access to a fair
trial. They're victimising a silent clientele.
"Boycotting court cases is something that we have talked about
and there have been some more radical measures proposed. SITA are
going to develop a strategy to take action."
A senior source at SITA said demonstrations and boycotts were
under consideration, and would be discussed by the association's
full membership.
The £5.5m contract was intended to create a streamlined
interpreting service for Scotland's justice system that would
improve both "quality" and "efficiency," according to the Crown
Office.
The three-year contract was won by Global Language Services, a
Glasgow-based firm, and came into force this summer.
Yet many of the company's interpreters do not possess the
industry benchmark qualification, known as a Diploma in Public
Service Interpreting (DPSI).
Beamont said: "Instead of having professionals, there's a system
of self-certifying which allows them to drag in people from Indian,
Chinese and Spanish restaurants.
"Many of the interpreters being used aren't even bilingual –
they just have a smattering of another language."
Last year, the jury trial of a migrant for assault collapsed
after a sheriff discovered the accused's interpreter did not
possess the DPSI or previous experience of working on a trial.
Sheriff James Tierney halted the trial of Krzysztof Kucharski at
Aberdeen Sheriff Court on the second day after the freelance
interpreter admitted her inexperience in open court.
In 2006, an assault trial at Wick Sheriff Court involving a
Polish accused and a number of Polish prosecution witnesses
collapsed because of mistakes made by an inexperienced
linguist.
George Runciman, director of Global Language Services, told
Scotland on Sunday that a "fair number" of the 1,700 interpreters
on his books do not possess the DPSI, but stressed that the
industry was not a "nice, simple, logically structured
profession".
"The DPSI is not available in every language," he explained. "It
can be a very expensive qualification for interpreters, so we look
for equivalencies … but we're talking about a profession which
isn't as formalised as the legal or medical professions."
Asked about the danger of miscarriages of justice occuring due
to inexperienced interpreters, Runciman said: "I suppose there
could be mistakes, but generally this is not the case. It's a bit
like driving a car. You could be a driver for 20 years with no
problems and occasionally go over a white line or go faster than
you should. It doesn't mean it's fundamentally erroneous.
"People are well aware of the need for training in the etiquette
and formality of court. All these things are ongoing.
A Scottish Court Service spokesperson said: "This new contract
delivers better value for public money, greater efficiency, and the
SCS requires translators to have the DPSI.
"Where this is not possible, written recommendations are
required from the employer to state that the translator has
equivalent qualifications and experience.
"This must be provided in advance of a case and is made
available to the presiding sheriff who can accept or decline the
translator offered."
The full article contains 904 words and appears in
Scotland On Sunday newspaper.
