Lord Hogan-Howe (CB)

My Lords, I support the amendment of the noble Baroness, Lady Coussins. She has been consistent in arguing for this with various Governments, and I would like to be consistent in my support for her. As the noble Lord, Lord Harper, said, this is essentially an amendment about standards rather than the method of delivery. From the very beginning, the noble Baroness has made the point that where it is vital we get consistency of language or the written word, we ought to be able to rely on translation where English is not the first language. I have to say that my experience of policing is that English is not that precise at the best of times. With the police or others, it is sometimes quite hard to determine exactly what people have said. Particularly important here is that the list in the amendment is of rights and expectations that people rely on for the system to be fair. We rely on understanding, in language, what we have been asked to do and what we may be unable to do in the future. This also allows the individual to ask questions. One of the things that underpins human rights law, which we all debate at times, is that the individual’s rights and responsibilities should be protected against the state. The state can be an overwhelming and powerful thing at times; all of us need rights to argue our case when we potentially come into conflict with it. Language can be precise, but it is also very nuanced at times—sometimes by dialect, and sometimes by different languages. It is vital that we all understand that we are talking about the same thing in any judicial, tribunal or other procedure where our rights are going to be affected. This is all the amendment arguing for. To the point of the noble Lord, Lord Harper, it is not arguing for extra rights; it is just saying that where you have a right, you should be able to make your argument. Probably as importantly, the amendment first enables the individual to understand what is involved in the process, what the outcome is going to be and what their rights are. Secondly, it enables them to understand the questions they are being asked. Finally, it enables them to provide an answer which is accurate and understood. I do not think it is asking any more than that. I acknowledge that there may be a cost, as the noble Lord, Lord Harper, said. In fact, the police service has quite a good system, because in the criminal process, when you run the risk of the sanction of being imprisoned, it is vital that you are represented and understood well. The police have developed a system with some good standards, but there is a cost. As migration has increased over the years, that cost has significantly increased. In a city like London, around 38% to 40% of the people arrested are foreign national offenders, and often, language can become an issue. That is not unrepresentative of London; it is just a fact that this is what London is like. The rising cost of migration and the changes it brings mean that we sometimes have to change our process. This is a vital part of it; it is about setting standards. You could say that it is hard to imagine why the noble Baroness, Lady Coussins, had to make this argument. It is hard to understand why you have to argue for a—presumably significant—standard to make sure people understand what they are involved in. We might imagine it already exists, but I am afraid it does not. That is why this amendment is vital, and I support it.