In the United Kingdom, the cross-party House of Lords Public Services Committee has launched an inquiry into Interpreting and Translation Services (ITS) in the Courts, conducted by the Public Services Committee.

Its goal is to examine the process whereby ITS in the courts are procured, make policy recommendations for supporting service providers, and gain a greater understanding of the potential role of technology in enabling ITS. 

This inquiry follows a 2023 report by the Association of Translation Companies, which highlighted issues regarding the procurement of language services for the British public sector. Its conclusion was that the provision of interpretation and language services was fragmented across the United Kingdom, hindering procurement and the implementation of best practices.

The chair of the Committee, Baroness Morris of Yardley, also pointed out that other studies have identified problems with recruitment and retention of translators due to poor remuneration.

Oral evidence has already been given by a number of expert witnesses, including the co-chairs of the Legal Services Committee of the Bar Council, the Head of Justice at the Law Society, the Courts and Tribunals Director at the Ministry of Justice, the Minister of State for the Courts and Legal Services, and representatives from the translation and language technology industries, including the agency in charge of assessing the quality of the language services for the Ministry of Justice.

The key points are given below:

Quality concerns

• There is a general perception among users that the quality of court interpretation has declined over time. The quality of court interpreters is a concern, particularly in the case of dialects and rare languages.
• There are specific concerns regarding interpreters’ ability to accurately translate court proceedings and handle complex subject matters in court. In some cases, issues have even arisen with interpreters’ English proficiency.
• The decline in quality would seem to be due to a decreased supply of qualified interpreters amid an increasing demand. According to Ministry of Justice data, 618 cases resulted in ineffective trials due to unavailable interpreters, while only 322 complaints were filed – suggesting that many issues go unreported.
• This decreased supply would in turn be due to low pay, lack of investment, and working conditions, including operational challenges. Witnesses highlighted the significant risk that talented interpreters may leave the profession due to inadequate pay and recognition, and recommended improving remuneration and working conditions as crucial to retain skilled professionals.
• Furthermore, low and frozen rates for legal aid have affected the availability of high-quality interpreters. In some cases, there has been a shift from booking two interpreters to booking only one.
• The current outsourcing model, which has led to a decline in service quality, was also criticised. It was argued that a system that prioritises hiring regulated professionals should be established.
• It was argued that remote interpreting has the potential of increasing the pool of available interpreters and reducing travel costs. 

AI and Technology

• While AI tools are increasingly used in text translation, there remains a gap in real-time speech-to-speech interpretation, particularly for less common languages.
• Witnesses acknowledged that, while AI can improve efficiency and accuracy in text translations, it struggles with nuances and dialects in spoken language.
• All representatives from language technology companies emphasised that, while AI tools can assist translators, they will not replace the needs for human expertise and involvement, which are essential to ensure accuracy and understanding of context.
• The quality assurance process for interpretation is currently conducted through mystery shoppers and simulated role-play. There are no plans to use AI in the quality assurance process.
• While the potential for future applications of AI in quality assurance is recognised, caution is advised. Emphasis is placed on AI as an assistive tool for quality assessment rather than on full automation of the process. 

The current contract for language services and the tendering process

• The inquiry has revealed widespread dissatisfaction among users of translation services, including interpreters, court personnel, and legal professionals, as well as organisations like the Bar Council, who unanimously believe the system is failing under the current contract for language services. By contrast, officials from the Ministry of Justice and court services have expressed a more positive view, indicating a significant gap between the evidence provided by service users and the assessments made by officials.
• The inquiry committee has suggested pausing the tendering process for translation services to ensure that necessary improvements can be integrated into any new contracts. They have expressed concern that if the current contract is awarded without addressing these issues, it could lock in poor service until 2030.

The Committee expects to publish its findings soon. We will be closely following the inquiry and reporting on its conclusions in due time.