Police under fire over Welsh language rights
BARRISTERS have told Welsh police chiefs not to “shirk their obligations” when it comes to enabling Welsh-speakers to use the language in police interviews.
Forces have challenged a requirement for simultaneous translation to be provided, if needed, if the person being interviewed wants to speak Welsh.
The requirement to have simultaneous translation has been “postponed” for South Wales Police and Gwent Police while Welsh Language Commissioner Meri Huws considers whether it is “unreasonable or disproportionate”.
Wales’ police forces argue that delivering meeting the standards set by the commissioner would require them to “change their physical infrastructure, procure a new IT system” and “tender for a simultaneous translation service”.
The Bar Council insists that the service should be offered, and not just “consecutive translation” – when the question or answer is repeated aloud in the translated language once the speaker has finished talking.
Meanwhile, Cymdeithas yr Iaith argues people should be able to speak to a “police officer who speaks Welsh”.
This is why the barristers say there should be simultaneous translation:
■ Simultaneous translation “does not contravene” the Police and Criminal Evidence Act;
■ Real-time translation does not disrupt police interviews – “In fact, it is less disruptive than the stop-start nature of consecutive translation”;
■ “Consecutive translation gives bilingual interviewees twice as much time to think of an appropriate answer to questions, thus being even more disruptive to the interview and police officer’s line of questioning.”
■ “A lack of simultaneous translators available in the current translation service used by the police forces is a wholly inadequate reason to justify the use of consecutive translation, as the translation service used for in-court interpretation could be extended to police interviews.”
The Welsh Language Commissioner is in discussion with all four Welsh forces.
Osian Rhys, of the campaigning group Cymdeithas yr Iaith, said police on occasions had tried to “force our members to speak English”.
He said: “It should be a basic right for people to deal with the police in Welsh, especially given the power the police have over ordinary people. We are concerned that Chief Constables are trying to make things easier for themselves, when they should be thinking about the rights of vulnerable people.
“On a number of occasions the police have tried to force our members to speak English, even making threats. Having an interview in Welsh is a basic human right.
“We would ask the Police Commissioners to intervene to ensure that these basic rights are not taken away or watered down by Chief Constables.”
Richard Debicki, the North Wales Police Deputy Chief Constable, who leads on Welsh language for all four forces, said the presence of a Welshspeaking officer could not be guaranteed at all times.
He said: “Work with the Welsh Language Commissioner is currently ongoing to determine the most reasonable and proportionate standards in relation to providing Welsh-language interviews. The wellbeing and fairness for the person being interviewed is our priority.
“Whenever possible forces use Welsh-speaking officers to undertake these interviews. However, forces cannot guarantee that a Welsh-speaking officer will be available at all times. In the event that a Welsh-speaking officer is unavailable, our preferred option is to use consecutive translation...
“To meet the standards [which] require the use of simultaneous translation the four Welsh forces have identified that they would need to change their physical infrastructure, procure a new IT system, tender for a simultaneous translation service and resolve any issues in relation to the requirements of the Police and Criminal Evidence Act.
“To use simultaneous translation when words are being recorded either verbally or written is far from ideal and could lead to problems during an investigation.
“These matters are ongoing. However, all Welsh forces are committed to developing their bilingual capability and to providing services and information to Welsh-speakers in Welsh.”
Arfon Jones, the North Wales Plaid Cymru Police and Crime Commissioner, said: “While I cannot dictate what other forces do, I am keen to ensure that we comply with the standards laid out by the Welsh Language Commissioner. It is a basic human right for people being questioned by the police to be interviewed in Welsh if they so wish.
“I am pleased to say that in the vast majority of cases in north Wales, translation facilities are not required because the force are able to provide a Welsh language-speaker to conduct the interview.”
A spokeswoman for the Welsh Language Commissioner said: “We can confirm we’ve received challenges from police forces regarding translation during interviews and we are considering the evidence. We appreciate the Bar Council’s input and we will take their response into account before we come to a final decision.”