141. Deputy Matt Carthy asked the Minister for Justice, Home Affairs and Migration if he proposes to introduce new legislation in relation to the interpretation and translation in legal proceedings; and if he will make a statement on the matter. [6115/26]
Sentiment score: 0.20
Many people will be surprised to learn that there is no set quality or standard in respect to interpretation and translation in legal proceedings in this State. Many would argue it is undermining our criminal justice system. Is it the Minister's intention to bring forward legislation or regulations on the use of language interpreters in court?
Sentiment score: -0.03
The Minister referenced a 2021 case. The Court of Appeal found "serious, and potentially far-reaching, inaccuracies" in that case. The interpreter in that case had assisted in more than 240 other cases that had been before the courts. After that judgment the interpreter continued to work in that role for another 40 cases. I find it hard to believe the Minister does not accept this case highlights that having no regulation - no competency tests - in respect of interpretation can potentially undermine our justice system. It is not just about the right to a fair trial and to have an interpreter, which is important, but it is also about the very real potential that a failing in this regard could result in an actual criminal managing to overturn a conviction. In a note from the Courts Service to the justice committee on this issue, the head of that service stated the court or any party to the case can request that the interpreter be replaced, but does the Minister accept the problem is that the person before the courts or their representative might not be in a position to identify the problem with the interpretation they are receiving? I take it the Minister is saying he has full confidence in the system as it stands.
Sentiment score: -0.08
Is the Minister seriously saying he will wait until there is a series of overturned convictions before he acts on what is clearly a gaping problem? He is right that the State pays a significant amount to companies under contracts for translation services, but the translators, it has to be said, are fairly poorly paid. I have to ask the Minister what checks are in place, through the Courts Service or An Garda Síochána, to ensure interpreting is of a good standard. Are there digital audio or video recordings? Are they checked independently? Best practice across the world, including in our nearest neighbours' country, is that regulations that can be upheld have been put in place. The Association of Translators and Interpreters Ireland has repeatedly called for the regulation of court interpreters in Ireland. It has argued that the current unregulated system risks miscarriages of justice, violates the right of defendants to a fair trial and creates a potential scenario where people who are guilty of offences can find a route to being released on a technicality. Therefore, I have to ask again. Will the Minister ensure we put in place a system that can have public confidence?
Sentiment score: 0.13
What are the mechanisms?
Sentiment score: 0.00
143. Deputy Matt Carthy asked the Minister for Justice, Home Affairs and Migration the number of English language schools that were subject to inspection by immigration officials in each of the past five years, in tabular form; and if he will make a statement on the matter. [6116/26]
Sentiment score: 0.41
The Minister of State's colleague, the Minister for further and higher education, Deputy James Lawless, told a media outlet at the end of last month that some English language schools were acting as tick-box exercises to allow people to get work permits. Is that an assertion the Minister of State agrees with? On what basis has that assertion been made? If other Ministers have been making similar assertions and that were the view of the Government, it would be incomprehensible that the Minister of State would stand over there being four inspections in a year. It is clear, based on the level of inspection of language schools, that it is nowhere near the number people would expect if the issue were as serious, or the Government were taking the issue as seriously, as suggested. Have any education providers, as a result of inspections, been removed from the ILEP for failing to comply with immigration requirements?
Sentiment score: 0.00
On one hand, the Government says English language schools are a tick-box exercise to allow people to get work permits. The Minister of State has indicated this evening that a number of people are securing stamp 2 visas, which are in effect precarious work visas. I think the Economic and Social Research Institute, ESRI, has confirmed that. However, levels of inspections are minimal and no school has been closed as a result of those assertions. The ESRI Asylum and Migration Overview 2024 that I mentioned was published just in December. It highlighted the example of Brazilian migration to Ireland in a study that illustrated the precarity and exploitation of Brazilians working in Ireland on stamp 2 visas. The author of that study argued that the stamp 2 visa, though a study visa in name, acted as a precarious work visa as well. When will the Government stop talking about this and what will it do about it?
Sentiment score: 0.04