Interpreting Access within the Health Service Executive

INTERPRETING ACCESS WITHIN THE HSE
Kerry Deaf Resource Centre

Our service along with other Deaf services and Hands ON TV have been campaigning for many years for improved access to services particularly to the Health Service Executive (HSE). We wrote to the HSE to ascertain how much money was spent on sign language interpreting access in Kerry. We made this request under the Freedom of Information Act.

The response was ".... a head can refuse to grant the request if the record concerned does not exist......". The letter goes on to say, "The funding details you have requested are not held in that specific nature either locally or centrally. Our financial records of funding are divided into set structures so as to conform to a national standardisation. Funding for Sign Language is contained within our Interpreter expenses total spend and allocation."

Given the introduction of the Equal Status Acts 2000 + 2004, and The Disability Act 2005- it is shocking to hear that there are no specific records for sign language interpreting spend within the HSE. The only information that is available was the overall spend on all interpreting services, which includes spoken language interpreting. Given the large number of languages now in use in Kerry, we anticipated that the spend would be quite high? Not so, in 2008, the HSE Kerry only spent 29,749.69 euro. If you take spoken language interpreting out of this amount, it confirms that the HSE is spending very little on sign language interpreting access.

In Cork, the overall spend is remarkably higher 302, 387 euro. Again, there is no specific information available on sign language spend. This needs to change and we must continue with the campaign for better access. Deaf people's health and their lives are at risk if they are not provided with appropriate access/support.

Taken from Kerry Deaf Resource Centre update, 30/3/09

The Use of Non-Accredited Interpreters

Kerry Deaf Resource Centre email update, 28 Oct 2008

THE USE OF NON-ACCREDITED INTERPRETERS

Our service has been campaigning for a long time to ensure Deaf people are provided with appropriately qualified interpreters.

In the Corkman newspaper on the 16th of October, they ran an article on a court case where all the charges were dismissed due to the mishandling of interpreting access.

The paper reported that "the difficulties arose regarding a statement made by witness Marie O’Sullivan on the night of the incident, and the qualifications of an interpreter used at the court hearing. Tom O’Sullivan, defending solicitor for Laura Kelly, called for the case to be dismissed onthe basis that there had been a statement taken from a witness without an interpreter on the night of the incident..... In addition, he said, an interpreter used in court at a previous sitting, on September 3, had not been properly qualified.

Following that sitting, Mr O’Sullivan had sent Gardai information contending that the interpreter used for key witness Marie O’Sullivan in court was not properly qualified. “She [Laura Kelly] is entitled to fairness,” said Tom O’Sullivan. “I believe that the issue that has arisen is due to the interpreter, as she was not properly trained"

This is certainly a wake up call for Gardai, Courts and other agencies.There have been a number of incidents in Cork where a non-accredited person has been booked via Access Translations. The HSE and Court Services use Access Translations for sign language interpreters- however none of the agencies ensure the person booked is appropriately accredited to do the work.

We will continue to campaign to ensure only accredited interpreters are booked for all interpreting assignments.



MINISTERIAL ORDER ON INTERPRETER USE IN GARDA INTERVIEWS

To prevent cases collapsing as the one above, we need to be aware of the rights that Deaf people have in Ireland and ensure these rights are respected.

In the Criminal Justice Act, 1984 (Treatment of Persons in Custody in Garda Siochana Stations) Regulations, 1987.(8) (a) Where an arrested person is deaf or there is doubt about his hearing ability, he shall not be questioned in relation to an offence in the absence of an interpreter, if one is reasonably available, without his written consent (and, where he is under the age of seventeen years, the written consent of an appropriate adult) or in the circumstances specified in paragraph (7) (a) (iii).

For more information on this regulation, check out the following

http://www.irishstatutebook.ie/1987/en/si/0119.html

A tribute to Kathleen O'Brien - too young to die

Reposted from the KDRC's website www.kerrydeaf.com. Many thanks for this harrowing and shocking story.

This week's update is dedicated to our client and friend Kathleen O'Brien who passed away last week at the tender age of 39. She passed away peacefully after a brave battle with advanced cervical cancer.

Kathleen was Deaf and a sign language user. She had a learning disability, night-blindness, was a member of the traveller community and lived alone for many years. A couple of years ago she was attacked in her home in the middle of the night and had to live in a homeless hostel for many months. She had difficulties with literacy skills and retaining information.

However, this did not stop her from being a very well liked person. She was a regular visitor to our Centre- sometimes coming in for a chat and a cup of tea up to four times a day. She always had a smile, a wink, a nod and thumbs up for everyone she met.

Kathleen required the support of accredited sign language interpreters and Deaf advocacy services. Given her range of disabilities and challenges, you would imagine, it would have been easy for our service to get support for Kathleen? With the introduction of Equality and Disability legislation, supports would be provided with little or no trouble?

The reality was shocking!!! Kathleen attended many appointments with public services and Government bodies without any access being provided to her. When she scribbled down she wanted an interpreter, this request was ignored on many occasions.

When our service became aware of this, we began to lobby on her behalf and came up against obstacle after obstacle particularly within the Health Service Executive. It was difficult to get through to the relevant people within the HSE to arrange, sanction or book an interpreter. We were sent from pillar to post, time and time again.

As it became apparent that Kathleen was becoming unwell, Veronica White from the National Chaplaincy for Deaf People (NCDP), Deaf Advocates and freelance interpreters began to work with Kathleen. On many occasions, these people worked with Kathleen without pay.

The Medical Centre that Kathleen attended started to insist on interpreting access. When these requests were made to the HSE, it was a huge challenge to get sanctioning. We received one e-mail from the HSE asking if it was absolutely necessary for Kathleen to have interpreting access, given she had been attending many appointments on her own for many years.

Government Departments and Public Services are obligated to provide reasonable accommodation to persons with a disability. According to our Barrister, it is clear that the HSE are failing to meet their obligation under The Equal Status Acts and The Disability Acts.

As Kathleen's condition started to deteriorate, she was admitted on a number of times to hospitals in Kerry and Cork. Again, it was a huge struggle to ensure accredited interpreting and advocacy was provided for her. Our service sent e-mails, interpreting leaflets, made phone calls, and typed up a business card stating Kathleen required the services of an interpreter. Staff from our Centre, the NCDP, Cork Deaf Association and freelance interpreters began to lobby on Kathleen's behalf. Requests were ignored many times.

As the process was time consuming and very tiring, we were forced to contact the Ombudsman's Office, The Equality Authority and The Minister for Health. Independent mediation was brought in and thankfully all the necessary supports were put in place immediately.

Unfortunately for Kathleen, this support was too late. It was provided to her in her last few weeks on earth. Why wasn't this support put in place years ago?

If professionals were able to communicate effectively with Kathleen, they would have been more able to assess, diagnosed and treat her earlier. Communication is a central aspect of our daily lives. Our ability to communicate with others dictates our access to vital resources such as healthcare. According to Bagley (1998), communication underlies everything else and is the most important issue for most disabled people.

Is the difficulty of access just a Kerry based issue? Unfortunately not!! Hands On, a TV programme for the Deaf ran two programmes recently on the problems that Deaf people are facing throughout Ireland with the HSE. It's time to stop talking and time to start acting. Kathleen like many other Deaf people are not being afforded equal rights. We need equality of access for all Deaf people before anymore of them die.

In addition to communication support- why was Kathleen not given a smear test? Pre-cancerous changes that occur to cells in the cervix can be detected by means a smear test. This is the 2nd Deaf woman to die of advanced cervical cancer in Kerry in the last three years.

The Government needs to implement a national screening programme for ALL women. Deaf women are not being tested and have died as a result. How many more women need to die!!

In the end, our fight for Kathleen was worth it. Kathleen died with dignity surrounded by family and friends. We would like to thank all those who supported us in our fight for Kathleen.

We would particularly like to Veronica White, Suzanne Carey, Susan O Callaghan, Ray Greene, Willie White, Dearbhla Lenihan (Independent Mediator), the staff of the Clounalour Medical Centre, Arlington Lodge, Dr. Sheahan and all those who cared for Kathleen, Mairead Carey and to the staff of our service. We could not have provided Kathleen with the love, care and compassion she deserved without your hard work and commitment.

We would like to extend our sincere sympathies to Kathleen's family. They accepted us into their lives at a very hard and sad time. It was an honour and a privilege to work with them all. It was clear to see that Kathleen was deeply loved by all of those from the travelling community. Many of her family and friends had learnt a very unique signing system that Kathleen devised and taught them. It showed that she was a very intelligent and loyal person who had great ability to communicate with people.

It's just a shame that many of the professionals who dealt with Kathleen didn't communicate with her in her chosen language- sign language.

Kathleen was a great lady - a true inspiration and a hero. She struggled throughout her life and never lost her smile. Even in her last days, she had a smile, a wink, a nod and thumbs up for people.

We will work hard to ensure her struggle changes the lives of many people for the better. May she rest in peace xxx