Deaf News: #WhereIsTheInterpreter lawyers blast ‘persistent obfuscation’ of Government as legal case continues

Lawyers acting on behalf of deaf activists have submitted a second statement to the High Court, in the latest development in the judicial review over the #WhereIsTheInterpreter campaign.

Chris Fry’s latest statement follows the UK Government’s defence last week, in which representatives said the legal challenge was “unarguable” under the Equality Act and “serves no practical purpose”.

“Firstly, the challenge was not brought promptly. Secondly, relatedly, the claim is now academic and serves no practical purpose.

“BSL interpretation is provided in respect of all the Briefings on an ongoing basis.

“Finally, the claim is unarguable under the [Equality] Act on both grounds,” the Government’s response read.

However, in a new statement submitted on Monday, Fry said the suggestion that there was an “undue delay” caused by claimant Katie Rowley or her legal team was “disingenuous”.

He also revealed that the Government’s legal department failed to meet correspondence deadlines, leaving a week or more before responding to Fry Law’s letters.

“In short, I would ask that the Court recognise that my responses to all [Government] correspondence have been swift, and that all delays in this case have been as a result of the Respondent Legal Department.

“[Rowley] should not be penalized by the Court for delays caused by the [Government],” Fry writes.

Fry later cited two instances this year where the Cabinet Office did not provide an interpreter on its social media accounts, as well as SignHealth’s statement to The Limping Chicken on 9 February.

Our Chair @carolinenokes asked @BorisJohnson in the Liaison Committee session 'Why are the Government still not doing a better job of explaining to vulnerable people in British Sign Language what the COVID-19 rules are?'
He has responded in writing: https://t.co/DzwBi2vEMH pic.twitter.com/f6N2oQk77b

— Women & Equalities Committee (@Commonswomequ) February 10, 2021

The submission also references a report from this website in August, in which we revealed that the UK Government had not conducted an Equality Impact Assessment for its daily coronavirus briefings.

In response to a Freedom of Information request from The Limping Chicken last year, a Cabinet Office spokesperson said: “I am writing to advise you that following a search of our paper and electronic records, I have established that the information you requested is not held by the [department].

“We have established a communications working group with members of the Disability Charities Consortium (DCC), including representatives from Action on Hearing Loss and Royal National Institute of Blind People.”

More information has since surfaced in relation to this working group, with Action on Hearing Loss – now the Royal National Institute for Deaf people (RNID) – confirming in a statement that the charity is represented by its Head of Research and Policy, Ayla Ozmen.

An RNID spokesperson told The Limping Chicken: “We agree that the current BSL provision for broadcast press conferences is insufficient and this issue has been raised at every one of these Working Group meetings to date.

“Despite our best efforts, however, we are, unfortunately, yet to make further progress in this area, though we will continue to push for all Covid press conferences, including those at which there is no minister present, to be accessible to BSL users.”

Fry also mentioned the Government’s comment that its agreement with BBC News for the broadcaster to provide BSL interpretation “was not a formal contractual arrangement”, adding that it implies the Prime Minister “was not involved” and such an agreement was “probably not written”.

He continues: “So, there is no evidence that the Government ever considered providing BSL Interpreting in accordance with its decision making obligations regarding broadcasts.

“Even if there was such evidence, failing to ensure that all broadcasts were covered by the BBC and on mainstream BBC One is also irrational, and would show the lack of any substantive compliance.”

Such an arrangement has also been asked for by The Limping Chicken, with a Freedom of Information request to the Cabinet Office being sent in October.

The information was withheld in a response in November, but a complaint was later filed with the Information Commissioner’s Office (ICO), after the Government failed to issue the outcome of an internal review within the relevant timeframe.

The ICO went on to give the Cabinet Office an extended deadline of today for its response to the internal review request, but this is yet to be received by this website.

It is now expected that the regulator will compel the Cabinet Office to respond with the outcome of its internal review.

In his closing remarks, Fry concludes: “I encourage the Court to consider the persistent obfuscation by the Respondent as to provision of information directly relevant to the Applicant’s challenge, as both an alarming breach of its duty of candour, and as contributing towards the delay in bringing this case.

“These are not matters which should be held against [Rowley].”

By Liam O’Dell. Liam is a mildly deaf freelance journalist and campaigner from Bedfordshire. He wears bilateral hearing aids and can be found talking about disability, theatre, politics and more on Twitter and on his website.