The deadline for the Home Office consultation is today. It is entitled Obtaining Better Value for Money from Police Procurement. This is the second consultation following on from the first which closed in September 2010. I did not necessarily have the knowledge I needed to fill out a consultation of this kind 18 months ago. I suspect many interpreters feel the same about this consultation. I suspect some interpreting agencies are too busy to consider responding to a consultation about the police when the tendering process for the framework agreement has long passed. And they may be trying to work out how to stay in business or whether to bother going for a NHS tender with a ridiculous unit cost per hour for interpreting services.
The consulation summary states that it will only be of interest to police authorities, unions and staff and businesses who contract to the police so has not been widely publicised. That sums up the attitude for me of a government ‘consultation’. It has become a byword for lip service, for pretending to listen, for ignoring the results whether it has been held locally or nationally.
Back to the consultation. There is already a framework agreement, there has already been pressure for police authorities to sign up to the agreement and many already have. The danger we have here is the consultation is about updating legislation. The proposed amendments to Regulations under Sections 53 (equipment) and Regulations under Section 57 (services) of the Police Act 1996 that would require specified equipment and services to be provided for police purposes through the use of specified framework agreements.
Translation and interpreters come under updates to the services part of the act. Other services include: some utilities, customer surveys, certain training services and certain consultancy services. Nothing else is so specialised as interpreting and no other involves ignoring other pieces of legislation namely: The Equality Act 2010, Article 6 of the Human Rights Act 1998 and EU directive 2010/64/EU 2010 on the right to interpretation in criminal proceedings. These laws state registered interpreters should be used, that no delays in provision should occur and interpreters should be of a sufficient quality or they must be replaced.
I have entered this legal argument into my consultation response alongside the explanation that this framework agreement does not obtain better value for money but rather reduces it. We have seen adjournments and delays in the courts and at tribunals. This is hardly going to improve no matter what precautions are put in place. It is an unsustainable contract and that is the simple fact of the matter.
Even though there is a perception that court work is the most important of all types of interpreting it is a myth. Interpreting at a police station is far more important. It has been drummed into me that ‘it all happens at the police station’. Having now done a smattering of police jobs and a lot of court work (before I started my boycott) I understand why the police station is far more important. It is where it all starts. It is where evidence is collected. It is where for cases it is make or break. If the interpreter makes mistakes at the police interview, whether this is for victim or suspect, it can mean abandoned court cases and expert witnesses being employed – do you really want another interpreter scrutinising your work and potentially having to agree in court that your work has been sub-standard.
Interpreting for the police can be the most important work you will ever do as an interpreter and where it has to be the most accurate. The proposed amendments to legislation means that the police have to use an agency which has not provided quality interpreters in courts and quite regularly does not manage to source one at all.
This is going to mean even more wasted public money. No, the Police Act 1996 should not be amended to regulate that police authorities should procure interpreting services. There is plenty of good practice and money savings initiatives by the forces who have resisted pressure to go over to the framework agreement, namely the London Met and Cambridgeshire Police forces.
What we need are best practice models, initiatives involving local interpreters, liaison with existing regulators – NRPSI and NRCPD. We need a way to future proof this profession and uphold standards in the face of a government who wishes to procure everything including specialist services to the now proven non-specialists and in the process waste millions of public money.
Equality Act 2010
There are 6 posts tagged Equality Act 2010 (this is page 1 of 3).
Using a Professional is the Only Safeguard – Part 2
This blog is part 2 of 2. Following on from part 1, where the term profession was discussed, let’s go back to why interpreting is being outsourced in the first place.
Services are being outsourced to save money. Services that are deemed as being a ‘Back Office Function’.
This phrase is being repeated by the Ministry of Justice, by commissioners nationwide, by Ministers and by David Cameron.
Back Office Function. What is a Back Office function? Logic dictates it is a function that exists back of house probably in an office. This would include administration, IT, facilities management, ordering of equipment say.
Any intelligent being would surely not class interpreting as a Back Office Function. No. Surely it is a specialism. To be done by people who know how to do so. People. Wait… professionals who have been trained and have experience before being let loose in a courtroom.
Interpreting as a Back Office Function? It’s illogical. Outsourcing is now going way beyond what would normally be termed Back Office Functions.
Strange given the track record of disasters whenever the British government attempt to outsource. Capita got the name Crapita for good reason after disasters such as people nearly getting evicted when systems failed and did not pay out housing benefit claims in time. And bear in mind this is the company that has bought ALS and where the buck currently stops for interpreting services for the MoJ. As one publication has pointed out Capita should stick to back office business functions.
So why is the government taking the risk of outsourcing for areas others than more traditional business functions?
1) Crony capitalism.
This is endemic and epitomised in the coalition government’s support of big business over small or medium enterprises. This is despite what is touted in its reports. None of the framework agreements or procurement hubs now favoured by statutory organisations make it easy for the smaller enterprise to win contracts. Where the small enterprise is the specialist sign language agency, they lose out.
Sign Language interpreting services are becoming sub-contractors to the bigger spoken language agencies. Assignments are regularly being sub-sub-sub-contracted. By the time the interpreter is paid there is little left. Everyone up the food chain needs to make their buck. The result of which, at the other end, is that the statutory organisation comes away with little savings and interpreters travel the breadth of the country when there was a registered interpreter next door to the hospital sat at home unpaid.
2) Back door privatisation.
We have the Conservatives in government. They wish to privatise everything.
3) Ministers and senior civil servants need answers.
Outsourcing is an easy answer to coming up with savings rather than appropriately conducted research and consultation, with the caveat that information gleaned from consultation should be heeded. The word consultation has become a misnomer in the UK. It has come to mean you will speak up then be ignored.
Ministers have often said they lack skills in running large departments. One author suggests this is indicative of an eroded civil service with an overreliance on expensive consultants or specialist advisors rather than looking inward to creating those skills and utilising them.
As Peter Handcock CBE, Chief Executive, Her Majesty’s Courts and Tribunals Service (HMCTS) before the Justice Select Committee said so eloquently:
“So it is partly the process of letting a new contract and putting it in place, but, but we need to do, frankly we need to do much much better understanding the potential risks before we roll these things out.”
An admission of the lack of understanding. Has the government taken any advice on the subject of interpreting services? It seems they have ignored much of what interpreters have been telling them through the various consultations.
Therein lies the explanation of why interpreting is now being seen as a Back Office Function. And what of the effect of this policy, why does it go so horribly wrong, especially where professions are concerned?
Unit costs get ever cheaper in the bidding war for a contract. Unless there are safeguards and standards in place enforced upon the contract provider the temptation is to employ the cheapest personnel and disregard quality.
Sign Language interpreters have seen it happen already in most NHS trusts around the country. Chaos caused by large scale employment of untrained interpreters by sub-standard agencies (usually spoken language ones, though some sign language specialist agencies are also to blame). Yet the NHS and the MoJ are paying for these services.
A colleague did some mystery shopping amongst some new agencies that had won NHS contracts in and around London. Scarily, they wanted to accept her on their books without checking any qualifications, any registration. They did not even ask for insurance or a police check. Some didn’t even care if she actually knew any sign language.
When contracts are awarded to these agencies, the provision of interpreters then becomes tokenism, paying lipservice to the Equality Act 2010. These are specialist services that are commissioned, monitored and evaluated by non-specialists without the necessary in built safeguards, which you would have if professionals were employed. Services commissioned from those that call themselves specialists but are not. Of course outsourcing interpreting services was bound to fail. And fail it has.
The government, local and national, has made a categoric error in outsourcing interpreting services across the public sector. With regard to the MoJ, when this is the kind of service you are paying for you are not saving £18 million. You are losing £300 million.