Question to the Ministry of Justice:

To ask Her Majesty’s Government whether they intend to include interpreting in public services within the list of excepted professions in Schedule 1 to the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975.

The Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 lists areas of activity and proceedings which are exceptions to the Rehabilitation of Offenders Act (ROA), meaning that the employer or other relevant body is entitled to ask for, and take into account, certain spent cautions and convictions (as well as unspent convictions).

For inclusion within the Exceptions Order, there has to be compelling evidence that there exists an exceptional reason for the disclosure of the spent caution or conviction. For example, where the role involves working with vulnerable people. For the ROA to continue to be effective in achieving its aims of improving access to employment and rehabilitation, exceptions to the Act should only be sought where there is good reason.

The exceptions take into account the role the person is carrying out and not necessarily the profession or job they do (unless it is proportionate to protect all roles in a job or profession). Interpreters in certain public service positions may already be included in the Exceptions Order, for example those working within prisons or those working in certain roles with children or vulnerable adults. It would not be appropriate or proportionate, however, to introduce a blanket provision to cover all such interpreters.