Interpreting and Translation Services

Debate between Mike Freer and Lord Beith

Thursday 20th June 2013 Westminster Hall

[Sir Alan Beith]

I will return to how we proceed from here. I am tempted to comment that people always say that when it is proved that standards fell after big changes and that some of the predictions were fully justified. That should be a warning to the Government, as they engage in a number of other contracts. I will come back to that as well.

It is worth pointing out that the problems encountered by the Ministry in contracting for the work, while serious in themselves, also have implications for wide swathes of its other activities. The Ministry is putting out to contract 70% of rehabilitative services under the transforming rehabilitation proposals, £450 million in custodial services over the next six years and a large part of criminal legal aid, all of which will be the subject of contracts. I do not need to spell out that if things go wrong in those areas as they have in court interpreting, we face a multiple-train crash. Does the Ministry really have the capacity to do the kind of contracting on which many of its policy proposals are based? I am not arguing about whether it is a good or bad idea to contract out those things, but the Ministry must have the capacity to do so well and properly.

Before I turn to the substance of the report, I will mention another point of considerable concern to my Committee: the Government’s insistence that they acted reasonably in discouraging court staff from taking part in the online forum that we set up as part of our inquiry to seek personal experiences of interpretation standards in court. That was a retrograde step. We did something similar with prison officers. Many contributed to our online forum, and as a result, we produced a much better-informed report than we could otherwise have done. We did the same thing with court staff, but they were strongly pressed by the Government not to co-operate. That is deplorable. We shall continue to use such mechanisms where appropriate in our inquiries, not with any intention of getting civil servants to question policy, but to get a proper understanding of how it is working on the ground. If Departments repeatedly give that kind of non-co-operation injunction to their staff, they may find themselves in contempt of the House, and the whole House may seek to do something about it.

On the substance of our report, we recommended that the Ministry of Justice audit the amounts being expended on interpreter pay and travel and said that it might be necessary for the rate of pay for tier 1 interpreters —the most highly qualified—to be increased. We also said that the MOJ and Capita should prove that the framework agreement could attract, retain and deploy an adequate number of interpreters to meet the requirements of the courts and other agencies. We called on the professional interpreter community to work flexibly with the Ministry to find an acceptable way to restore their services to the justice sector.

In response, the Ministry introduced, with effect from May, a number of changes to the system of remuneration for interpreters, which it says amount to an average 22% increase in rates. Those changes involve mileage payments, cancellation fees, payment in 15-minute blocks rather than by the minute, payment in accordance with the qualification tier of the interpreter and a daily fee for incidental costs. We welcome those changes, but it is not yet clear that they will be enough to encourage many more interpreters to undertake work under Capita’s auspices, given the breakdown in relations between the Ministry and interpreters and the fact that many interpreters cleave to the view that the framework agreement is fundamentally flawed and cannot be salvaged.

The Ministry says in its response that it has met Professional Interpreters for Justice since late 2012, but goes on rather ruefully to say that it

“accepts that it will not always be possible to agree with the Professional Interpreters for Justice Group but seeks to maintain ongoing dialogue.”

I am not surprised that my hon. Friend the Minister should try to establish better relations—I would expect no less of her in going about things—but a lot more work clearly needs to be done if the professional interpreter community is to be won back.

The group has a different slant on the dialogue. It says that it was invited to a meeting with the Ministry’s interpretation project in March, at which it was presented with a package of proposed changes. It says that changes proposed at separate meetings by interpreters registered with Capita were rejected, and it does not accept that the Government’s changes will attract and retain interpreters.

The dialogue has been inauspicious from the outset. We commented that the Ministry

“did not have a sufficient understanding of the complexities of court interpreting work prior to initiating the procurement of a new service.”

We endorsed the NAO’s conclusion that the MOJ did not give sufficient weight to the concerns and dissatisfaction expressed by many interpreters, even though having sufficient numbers of skilled interpreters was essential to the new arrangements’ success, to return to the point made by my hon. Friend the Member for Solihull (Lorely Burt).

A constructive dialogue requires both sides to participate with good will. When we published our report, we were encouraged by the Minister’s commitment to repairing relations, but can she explain why she thinks relations between her Ministry and the main organisations do not appear to have improved? On what evidence or other basis did the Ministry choose to make the changes on which it lighted? How does the Ministry plan to monitor those changes to ensure that they bring about the desired improvements in the service?

On the quality of interpretation, we agreed with the NAO that the tiered system should be independently evaluated and that interpretation quality standards should be independently reviewed. The MOJ said that it would take that forward and report back to us on progress. The Minister gave us some more information in a letter dated 18 June. I am grateful to her for that. In the letter, she says that steps have been taken to “scope and initiate” the quality assessment and, following discussion with interpreter groups, Capita and others, will commission the advice and report back to my Committee in the autumn. Perhaps that should have been got on with a bit quicker, because it is a pretty fundamental prerequisite for improving the service. I urge swifter progress.

The Ministry has claimed that the changes to terms and conditions that it has made

“will increase the number and availability of Tier 1 and Tier 2 interpreters and therefore reduce the need to use Tier 3 interpreters”.

In her letter of 18 June, the Minister says that it is too early to say whether this is happening, although she notes that Capita says that there is an increased interest in accepting bookings from their existing pool of interpreters. I should like the Minister to report back to my Committee in the autumn on the extent to which the expectations have been satisfied.

We noted in our report problems with performance data being compiled to demonstrate the effectiveness of Capita in fulfilling courts’ requests. This is fundamental to a contract: there must be adequate performance data. Again, this reads across to some other contracts that the Ministry will have.

There were ambiguities about, for example, what constituted a customer cancellation, which is an ambiguous category. Professional Interpreters for Justice subtracts cancellations from the total number of requests, as well as failures by the contractor to deliver, to arrive at a figure of 80% of requests having been fulfilled by Capita, which is way below the contract requirement.

Even on the Ministry’s figures, performance is falling well short of the 98% target, and it tailed off markedly in January. That cannot be regarded as satisfactory. It is clear that, despite the substantial extra investment that the company has made since taking over from ALS, Capita continues to perform below the required standard under the contract.

[Mike Freer (Finchley and Golders Green) (Con)]

Has the Committee had an estimate of the impact of the cost of delays, extended custody and the performance off-contract on the expected savings that this outsourcing was meant to deliver?

[Sir Alan Beith]

No, but we think that the Ministry of Justice should have some reasonable estimates of those costs. Such estimates are quite hard to put together, but we have talked to people in the courts—judges, counsel, solicitors and court staff—and they all point to incidents, each of which involves significant additional costs, which clearly have to be offset against the savings.