Last year, the British House of Lords Public Services Committee conducted an in-depth inquiry into interpretation services in the English and Welsh courts, which included consultation with professionals and stakeholders. The final report, titled “Lost in translation? Interpreting services in the courts,” has now been published. Even though it focuses on interpretation services, we believe that the inquiry and the report provide interesting insights into the current situation of the translation industry and the need for language services. 

Briefly put, the report’s key findings are the following:

1. The current situation 

• The role of interpreters: interpreters play a crucial role in ensuring equal access to justice by providing language support for individuals who are not fluent in English. This includes defendants in criminal cases and participants in family courts involving children, domestic violence, or forced marriage.
• Current system: the Ministry of Justice (MOJ) outsources interpreting services to private providers, handling 17,000 bookings monthly across over 150 languages.

2. Quality assurance

• Lack of transparency: the current quality assurance process lacks transparency, particularly in closed court settings. This makes it difficult to assess the quality of interpreting and address any issues that arise. 
• Underreporting of problems: the complaints system is not widely used, leading to underreporting of problems. Official data shows only a small percentage of cases involving interpreters (1%) receive complaints, but frontline staff report more widespread issues.
• Data omissions: the data published by the government does not fully capture the extent of the problems, partly due to limitations in data collection and reporting.

3. Workforce issues

• Recruitment and retention: there are significant challenges in recruiting and retaining highly qualified interpreters. Low pay, poor working conditions, and lack of respect for interpreters contribute to these issues.
• Pay and booking arrangements: interpreters often face low and opaque pay rates, with no guaranteed income for cancelled or delayed bookings. This can lead to a lack of commitment from interpreters, and generate perverse incentives, as interpreters can prioritise certain bookings over others or behave in ways that are not in the best interest of the interpreting service.
• Dynamic pricing: “dynamic pricing” is the practice of setting varying pay rates based on factors like demand and availability. This system can create incentives for interpreters to accept bookings at short notice or for languages in high demand, as these may offer higher pay rates.
• Off-contract bookings: when the contracted provider cannot secure an interpreter, the MOJ makes “off-contract” bookings. These bookings often sit outside the existing arrangements, which can result in different pay rates, working conditions, and quality standards.
• Qualifications and training: while there are qualification requirements, some interpreters may not meet these standards, and there is a need for more training opportunities to ensure a skilled workforce.

4. Current use of technology

• Remote interpreting: While remote interpreting offers flexibility and can help address shortages of interpreters in certain languages or locations, its effectiveness is hindered by inadequate court infrastructure. Many courtrooms lack the necessary audiovisual equipment to support high-quality remote interpreting.
• Audio technology: there are examples of effective use of audio technology, such as in Wales, where high-quality audio systems enhance the interpreting experience. However, this is not universally implemented across all UK courts.

5. Challenges with technology integration

• Infrastructure limitations: the current court infrastructure is not well-suited to support advanced technologies like remote interpreting . This includes outdated audio systems and inadequate internet connectivity, which can lead to poor sound quality and connectivity issues during remote sessions.
• Future readiness: the court system is not prepared for future technological advancements, such as AI, which could significantly improve interpreting services. There is a need for investment in modernizing court infrastructure to support these innovations.

6. Opportunities and challenges of AI

• Potential use of AI: AI could enhance interpreting services by providing real-time translation tools, improving accuracy, and reducing costs. 
• Implementation and integrity challenges: implementing AI in court settings poses significant challenges, including ensuring accuracy, addressing potential biases in AI algorithms, and maintaining the integrity of legal proceedings.

7.  Recommendations

• New contract: the report recommends that the MOJ should use the upcoming contract renewal to reform the interpreting service, focusing on better pay, quality assurance, and workforce conditions for interpreters.
• Data collection and transparency: the Government should provide clear, comprehensive data on service performance and engage more effectively with stakeholders.
• Investment in infrastructure: there is a need for capital investment to upgrade court infrastructure, enabling the effective use of current and future technologies. This includes improving audiovisual systems and internet connectivity to support remote interpreting and AI tools.
• Exemplar courts: the report recommends establishing “exemplar courts” to trial new technologies, including AI, in a controlled environment. This would help identify best practices and prepare the court system for future technological advancements.