Scope and limitations of the Act

In the case of most services, the ISL targets will be assessed by the BAI based on a 24-hour day with an exception for any channel where the length of the broadcast day is less than 24 hours.

456

Broadcasters must also ensure that in the eventof government announcements relating to national emergencies, that ISL interpreters will be in attendance, clearly visible and understandable to the audience throughout the entirety of the broadcast.

457

It is expected that the government or those working on their behalf in the presentation of emergency information will cooperate with broadcasters to ensure these requirements are met.

458

Scope and Limitations of the Act

Limited to Public Bodies The obligations under this Act are only applicable to public bodies.459

Under the Act they must do all that is reasonable to ensure that interpretation into ISL is available for someone who is competent in the language and cannot hear or understand English or Irish when they are seeking to avail or access statutory entitlements or services provided by or under statute by that public body.

460 A public body is defined in the Act by Section 1.461

The Minister may also prescribe as a public body such other personal, body, organisation or group financial wholly or partially out of the monies provided by the Oireachtas that ought in the opinion of the Minister in the public interest have regard to the provisions and intentions of this Act.

462

This limitation to public bodies displays an overall gap in statutory entitlements, which may increase difficulties for ISL users who would like to avail of services other than what comes under the definition of a public body. This may require the ISL user to arrange their own interpreting, which can be costly, making interpretation less accessible. In terms of other statutory obligations which could apply to non- public bodies, the Employment Equality Act obliges employers to make reasonable accommodations for people with disabilities, however

456 Broadcasting Authority of Ireland, ‘BAI Access Rules’ (bai.ie, 2019) < https://www.bai.ie/en/media/sites/2/dlm_uploads/2019/01/AccessRules_2019_vFinal.pdf.> accessed 14t November 2021. 457 Broadcasting Authority of Ireland, ‘BAI Access Rules’ (bai.ie, 2019) < https://www.bai.ie/en/media/sites/2/dlm_uploads/2019/01/AccessRules_2019_vFinal.pdf.> accessed 14t November 2021. 458 Broadcasting Authority of Ireland, ‘BAI Access Rules’ (bai.ie, 2019) <https://www.bai.ie/en/media/sites/2/dlm_uploads/2019/01/AccessRules_2019_vFinal.pdf.> accessed 14t November 2021. 459 Irish Sign Language Act 2017, s 3(1). 460 Irish Sign Language Act 2017, s 6(1). 461 Irish Sign Language Act 2017, s 1. 462 Irish Sign Language Act 2017, s 6(5).

this should not impose a disproportionate burdens on employers. 463

While in most cases the cost of interpretation will be provided by the organisation or person providing the service there are still occasions where this is not the case.

464

In terms of cost of interpretation, this can depend on a number of factors including if the interpreter works for an agency or works freelance, the assignment type, duration of the assignment, travel expenses, overnight accommodation, preparation time, and other additional charges such as cancellation fees.

465

Legal Proceedings; Scope and Limitations Section 4 of the ISL Act covers the scope of use of ISL in Legal Proceedings. This includes the use of ISL in any pleadings or court

466

and the obligation for courts to do all that is reasonable to ensure those who cannot hear or understand English or Irish may use ISL and will not be placed at a disadvantage.

467

To ensure this, the court may cause such facilities to be made available, as it considers appropriate, for the simultaneous or consecutive interpretation of proceedings into ISL.

468

However, there are limitations to interpreting during legal proceedings. In particular there are challenges for interpreters with legal jargon,

469

such as legal terminology and understanding of legal procedures. While registration into the Register of Irish Sign Language Interpreters (RISLI) does imply an expected standard of quality and professionalism and proves that the interpreter meets a basic level of competence as an interpreter, it does not guarantee an interpreter’s ability and knowledge of legal jargon, although the RISLI is expected to set up

463 Register of Irish Sign Language Interpreters, Guidelines for Working with Irish Sign Language/ English Interpreters (risli.ie , 10 June 2021) 25 <https://risli.ie/wp-content/uploads/2021/06/Guidelines-for-Working-with-Interpreters-June-2021.pdf> accessed 25 October 2021. 464Register of Irish Sign Language Interpreters, Guidelines for Working with Irish Sign Language/ English Interpreters (risli.ie , 10 June 2021) 23 <https://risli.ie/wp-content/uploads/2021/06/Guidelines-for-Working-with-Interpreters-June-2021.pdf> accessed 25 October 2021. 465 Register of Irish Sign Language Interpreters, Guidelines for Working with Irish Sign Language/ English Interpreters (risli.ie , 10 June 2021) 23 <https://risli.ie/wp-content/uploads/2021/06/Guidelines-for-Workingwith-Interpreters-June-2021.pdf> accessed 29 October 2021. 466 Irish Sign Language Act 2017, s 4(1). 467 Irish Sign Language Act 2017, s 4(2). 468 Irish Sign Language Act 2017, s 4(3). 469 Register of Irish Sign Language Interpreters, Guidelines for Working with Irish Sign Language/ English Interpreters (risli.ie , 10 June 2021) 17 <https://risli.ie/wp-content/uploads/2021/06/Guidelines-for-Workingwith-Interpreters-June-2021.pdf> accessed 30 October 2021.

Specialisation Panels that demonstrate an interpreter’s specialised knowledge to remedy this issue.470

Additionally, due to the limited number of ISL interpreters, unprepared interpreters may result in errors in interpretation. It is recommended for court cases that interpreters should be made aware of the type of case before the case is heard in court.

471

Additionally, a limited number of interpreters may lead to interpreter fatigue, as it is recommended for most legal interpreting assignments that there is more than one interpreter. Moreover, conflicts of interest may arise that interfere with the objectivity of the interpretation, which may result in the interpretation and the court proceedings as a whole being compromised.

472

Education and Training Section 5 of the Act sets out the scope of Educational Supports and Training, including a scheme for ISL classes to be provided for the immediate family, as well as other persons who serve in loco parentis to a child who is deaf,

473 ISL support for children attending recognised

schools whose primary language is ISL,474

and ensure there is a sufficient number of education placements in state higher education institutions offering ISL training for teachers.

475

Since the commencement of the Act, the ISL Tuition scheme providing ISL training for children and their families has been established and is currently being run by the Department of Education. Additionally, the National Council for Special Education provides funding for individual teachers and school employees in primary and post-primary mainstream schools, special schools and special classes to undertake courses in ISL. In addition to the four year Deaf Studies course offered by Trinity College Dublin, Dublin City University launched a new Bachelor of Education (ISL) as a pilot programme that enables deaf and hard of hearing people

470 Register of Irish Sign Language Interpreters, Guidelines for Working with Irish Sign Language/ English Interpreters (risli.ie , 10 June 2021) 17 <https://risli.ie/wp-content/uploads/2021/06/Guidelines-for-Workingwith-Interpreters-June-2021.pdf> accessed 30 October 2021. 471 Register of Irish Sign Language Interpreters, Guidelines for Working with Irish Sign Language/ English Interpreters (risli.ie , 10 June 2021) 61 <https://risli.ie/wp-content/uploads/2021/06/Guidelines-for-Workingwith-Interpreters-June-2021.pdf> accessed 30 October 2021. 472 Register of Irish Sign Language Interpreters, Guidelines for Working with Irish Sign Language/ English Interpreters (risli.ie , 10 June 2021) 62 <https://risli.ie/wp-content/uploads/2021/06/Guidelines-for-Workingwith-Interpreters-June-2021.pdf> accessed 2 November 2021. 473 Irish Sign Language Act 2017, s5(a). 474 Irish Sign Language Act 2017, 5(b). 475 Irish Sign Language Act 2017, 5(c).

who use ISL to enter primary teaching. It is accredited by the Teaching Council. Trinity College Dublin also offers continuous professional training and ISL interpreters training.

476

Remote ISL Access Section 6(4) provides for availing of remote, web-based service of ISL interpretation with the consent of the ISL user to be sufficient to meet the obligations of public bodies.

477 However

there are potential limitations such as quality issues

478

, and situations where virtual remote interpretation is not suitable such as dealings with complex issues.

479

According to the RISLI Guidelines, VRI is not deemed suitable for a number of settings, including complex issues, multi-party conversations with no-turn-taking protocol, discussion of sensitive issues, involvement of children and where sight interpretation is necessary.

480

However VRI interpretation is available from the Irish Remote Interpreting Service on an appointment basis.

481

An app is also currently being developed that allows a Deaf Person to avail of ISL services on demand. The technology is user friendly and easily accessible from a variety of devices which have integrated camera and speaker. When fully developed public services will also be able to avail of a dedicated portal through the App, which will give them a direct calling facility to their deaf clients, via an ISL interpreter.

482

Broadcasting; Scope and Limitations Section 8 of the Act, provides for Broadcasters to fulfil ISL obligations and requirements in respect of programmes transmitted on a broadcasting service provided by the broadcaster in

476 Department of Children, Equality, Disability, Integration and Youth ‘Minister Rabbitte Announces Commencement of the Irish Sign Language Act 2017’ (gov.ie, 2020) <https://www.gov.ie/en/pressrelease/50472-minister-rabbitte-announces-commencement-of-the-irish-sign-language-act-2017/ > accessed 24 October 2021. 477 Irish Sign Language Act 2017, s 6(4). 478 Register of Irish Sign Language Interpreters, Guidelines for Working with Irish Sign Language/ English Interpreters (risli.ie, 10 June 2021) 31 <https://risli.ie/wp-content/uploads/2021/06/Guidelines-for-Workingwith-Interpreters-June-2021.pdf> accessed 4 November 2021. 479 Register of Irish Sign Language Interpreters, Guidelines for Working with Irish Sign Language/ English Interpreters (risli.ie, 10 June 2021) 34 <https://risli.ie/wp-content/uploads/2021/06/Guidelines-for-Workingwith-Interpreters-June-2021.pdf> accessed 4 November 2021. 480 Register of Irish Sign Language Interpreters, Guidelines for Working with Irish Sign Language/ English Interpreters (risli.ie, 10 June 2021) 34 <https://risli.ie/wp-content/uploads/2021/06/Guidelines-for-Workingwith-Interpreters-June-2021.pdf> accessed 4 November 2021. 481 Register of Irish Sign Language Interpreters, Guidelines for Working with Irish Sign Language/ English Interpreters (risli.ie, 10 June 2021) 35 <https://risli.ie/wp-content/uploads/2021/06/Guidelines-for-Workingwith-Interpreters-June-2021.pdf> accessed 4 November 2021. 482 Department of Children, Equality, Disability, Integration and Youth ‘Minister Rabbitte Announces Commencement of the Irish Sign Language Act 2017’ (gov.ie, 2020) <https://www.gov.ie/en/pressrelease/50472-minister-rabbitte-announces-commencement-of-the-irish-sign-language-act-2017/ > accessed 24 October 2021.

accordance with the rules set out in Section 43(1) of the Broadcasting Act 2009.

483

According to the BAI Access Rules Review, ISL signing must be presented on a television screen through the use of a signer as part of the programme content, or the use of a signer acting as an interpreter in a box superimposed in the corner of the screen.

484

In terms of current accessibility, subtitling is significantly more common than ISL interpretation. For example RTÉ 1, as of 2019, subtitles 87% of programming,

485 as opposed to 3% of ISL interpretation. This is only

targeted to increase to 5% by 2023.

486

ISL Interpreters Scope and Limitations ISL Interpreters used by the state must be verified through a state funded accreditation scheme,

487

and all professional interpreters must be registered with the Register of Irish Sign Language Interpreters (RISLI).

488

Registered interpreters are issued with a Registration card, subject to an expiry date to demonstrate validity. They also must follow the Register’s Code of Conduct, Complaints and Mediation Processes and must commit to a minimum number of hours of Continuing Professional Development per year. Failure to comply can lead to removal from the register.

489

One of the most significant limitations for interpreters is their own limited specialised knowledge and their ability to handle higher level or risk assignments, such as legal, medical and mental health assignments, as registration to RISLI does not guarantee specialised knowledge. As aforementioned in the legal proceedings subsection, Specialisation Panels will be established which would demonstrate an interpreter’s own specialised knowledge. The

483 Irish Sign Language Act 2017, s 8. 484 Broadcasting Authority of Ireland (BAI), ‘Broadcasting Authority of Ireland Access Rules Review Public Consultation June 2018’ (bai.ie, June 2018) 2 <https://www.bai.ie/en/media/sites/2/dlm_uploads/2018/06/AccessRules_Consultation_vFinal.pdf> accessed 16 November 2021. 485 Broadcasting Authority Ireland, ‘BAI Access Rules January 2019’,10 (bai.ie, 2019) <https://www.bai.ie/en/media/sites/2/dlm_uploads/2019/01/AccessRules_2019_vFinal-1.pdf> accessed 16 November 2021. 486 Broadcasting Authority Ireland, ‘BAI Access Rules January 2019’, 11 (bai.ie, 2019) <https://www.bai.ie/en/media/sites/2/dlm_uploads/2019/01/AccessRules_2019_vFinal-1.pdf> accessed 16 November 2021. 487 Irish Sign Language Act 2017, s 7. 488 Register of Irish Sign Language Interpreters, Guidelines for Working with Irish Sign Language/ English Interpreters (risli.ie, 10 June 2021) 17 <https://risli.ie/wp-content/uploads/2021/06/Guidelines-for-Workingwith-Interpreters-June-2021.pdf> accessed 16 November 2021. 489Register of Irish Sign Language Interpreters, Guidelines for Working with Irish Sign Language/ English Interpreters (risli.ie, 10 June 2021) 18 <https://risli.ie/wp-content/uploads/2021/06/Guidelines-for-Working-with-Interpreters-June-2021.pdf> accessed 16 November 2021.

planned panels are healthcare interpreting, legal interpreting and deaf interpreting.490

Other issues include interpreter bias which can compromise high risk situations such as legal proceedings and interpreter fatigue brought on by the limited number of interpreters, which can lead to mistakes in interpretation.

491

Limited numbers of interpreters also lead to delays and at least a two week advance notice is recommended for hiring an interpreter but there is no guarantee of availability. Additionally, there is a geographically uneven supply of interpreters with most being based in the greater Dublin area.

492

This could lead to an increase in costs, as travel time, expenses and overnight accommodation may be subject to additional charges.

493

Tactile ISL Interpretation Tactile ISL or hand-over-hand sign language is where the person who is deafblind puts their hands over the signer’s hands to feel the shape, movement and location of the signs.

494

Tactile ISL is not covered in the ISL Act, and therefore may not enjoy the same free interpreting services provided when availing of services from public bodies as ISL. Furthermore, limited numbers of interpreters and information about tactile interpreters has the potential to worsen the limitations already seen for non- tactile ISL interpretation.

Chapter Conclusion

The Irish Sign Language Act is a welcome development within this field, however it ought to be more ambitious in future reforms to meet the needs of persons who utilise Irish Sign Language as their primary means of communication. Consideration ought to be given in

490 Register of Irish Sign Language Interpreters, Guidelines for Working with Irish Sign Language/ English Interpreters (risli.ie, 10 June 2021) 17 <https://risli.ie/wp-content/uploads/2021/06/Guidelines-for-Working-with-Interpreters-June-2021.pdf> accessed 16 November 2021. 491 Register of Irish Sign Language Interpreters, Guidelines for Working with Irish Sign Language/ English Interpreters (risli.ie, 10 June 2021) 62 <https://risli.ie/wp-content/uploads/2021/06/Guidelines-for-Working-with-Interpreters-June-2021.pdf> accessed 16 November 2021. 492Register of Irish Sign Language Interpreters, Guidelines for Working with Irish Sign Language/ English Interpreters (risli.ie, 10 June 2021) 22 <https://risli.ie/wp-content/uploads/2021/06/Guidelines-for-Working-with-Interpreters-June-2021.pdf> accessed 16 November 2021. 493 Register of Irish Sign Language Interpreters, Guidelines for Working with Irish Sign Language/ English Interpreters (risli.ie, 10 June 2021) 23 <https://risli.ie/wp-content/uploads/2021/06/Guidelines-for-Working-with-Interpreters-June-2021.pdf> accessed 16 November 2021. 494 The Anne Sullivan Centre for people who are Deafblind, ‘Communication with people who are deafblind’ (Anne Sullivan Centre, 2021) <https://www.annesullivan.ie/advice-information/communicating-with-peoplewho-are-deafblind/> accessed 16 November 2021.

expanding entitlements under the Act beyond public bodies, and in order to effectively realise its aims further investment in interpreter services and training is crucial.