Feltham Young Offender Institution

Debate between Lord Keen of Elie and Lord Swinfen

Wednesday 24th July 2019 Lords Chamber

[Lord Keen of Elie]

I acknowledge the point made by my noble friend. The issue very often is not the availability of staff or resources, or the ability to provide education and rehabilitation, but the underlying need to secure the appropriate motivation in what is often a difficult and disturbed cohort.

[Lord Swinfen (Con)]

My Lords, what training is given to the inmates to enable them to get a job when they are released, and what help is given to them to get a job?

[Lord Keen of Elie]

Again, we attempt to provide a regime of education and rehabilitation. I regret having to repeat the point I made earlier: underlying this is the need to secure motivation. It is a case not just of making training and opportunity available, but of trying to persuade those in this difficult cohort to embrace the opportunity they are given on these occasions.

Immigration Bill

Debate between Lord Keen of Elie and Lord Swinfen

Tuesday 9th February 2016 Grand Committee

[Lord Keen of Elie]

I fully understand the nature of the noble Lord’s inquiry; I was just pointing out that the rationale behind this legislation was recognised not only in the Conservative Party manifesto but in the Labour Party manifesto.

I begin by looking at Amendment 242, moved by the noble Baroness, Lady Lister. I am glad to have the opportunity to reassure her and other noble Lords that the duty being imposed by this provision does not apply to individuals who communicate using British Sign Language. I believe it may help if I explain that it will not be the responsibility of individual members of staff to meet this duty; it will be the responsibility of public authorities, as the employers. I remind noble Lords that, as employers, public authorities have a duty under the Equality Act 2010 to make reasonable adjustments for their staff. If reasonable, a British Sign Language interpreter would be provided. In addition, any worker or job applicant who communicates using British Sign Language must be considered for recruitment on a par with any other applicant.

To comply with the duty in Part 7, public authorities must ensure that the British Sign Language interpreters whom they employ, rather than the recipients of such a workplace adjustment, speak fluent English. Given that fluent spoken English is the reason the interpreter has been engaged, there should be no difficulty at all in public authorities meeting that duty. In those circumstances, I seek to reassure the noble Baroness, Lady Lister, about the position in regard to British Sign Language.

[Lord Swinfen]

My Lords, perhaps I may interrupt my noble and learned friend for a moment. What is the position of a member of the public who uses British Sign Language? My noble and learned friend says that provision is made for the authority worker who uses British Sign Language to be able to do their work in their office, but I am talking about a member of the public who goes to the public authority and his language is British Sign Language. There must be someone who can communicate with that person. I am not expecting everyone to have British Sign Language. One can use videoconferencing to deal with it, but there must be provision for members of the general public who use British Sign Language to communicate with appropriate people in the authority.

[Lord Keen of Elie]

In circumstances where there is provision for British Sign Language to be available, there will also be an English language interpreter available. Where a member of the public wishes to use or employ British Sign Language, they will, in circumstances where it is available, be able to do that, and the person communicating with them in a customer-facing role will, of course, be perfectly entitled to employ British Sign Language. The provisions of the Bill are not prescriptive. They are not saying that the only language that can be employed is English or Welsh. In circumstances where there is the ability to communicate in a customer-facing role by means of a different language, be it British Sign Language or otherwise, then it may perfectly properly be employed. Whether it will be available on each and every occasion when somebody arrives and is faced with a customer-facing role is a different matter altogether. Clearly, at present it is not invariably available.

[Lord Keen of Elie]

Our position is that that is simply not required. Where you have somebody in a customer-facing role who communicates by way of British Sign Language, they will have a British Sign Language interpreter available. It is the interpreter who will be required by the employer to be fluent in English. That is the situation that will apply.

[Lord Swinfen]

I am awfully sorry but I do not entirely understand what the Minister is saying. I cannot see the difficulty in including British Sign Language speakers who are able to communicate with members of the public whose only language is British Sign Language. The Minister is saying that that is not necessary. It means that if I speak only British Sign Language, I will not be able to speak to anyone in the authority. That is not satisfactory. Either I am not understanding the Minister or he is not explaining himself as well as a lawyer should.

[Lord Keen of Elie]

It appears that, although we each purport to be speaking fluent English, we may not be communicating with each other as clearly as might be the case. In circumstances where a person employs British Sign Language and there is a customer-facing individual available to communicate with them in British Sign Language, the person communicating in British Sign Language will either have with them a British Sign Language interpreter or will be able to communicate in British Sign Language and speak fluent English.