Flac news autumn 2012 final pdf

flacNewsI S S N 0 7 9 1 4 1 4 8 l V O L U M E 2 2 l N U M B E R 3 l J U L Y – S E P T E M B E R 2 0 1 2

F r e e L e g a L a d v i c e c e n t r e s

Waiting for justice: Almost 5,000on Legal Aid Board lists

A s we go to print, the latestwaiting times for state civil legalaid have been made available to

FLAC. These reveal that as of August2012, some 4,968 people were waiting fora first appointment with their solicitor.These included people waiting for anappointment at Finglas or Gardiner StreetLaw Centres in Dublin or at Sligo LawCentre, where some of these people canexpect to wait 10 months for that initialappointment. In Cavan, some people canexpect to wait 11 months and in Wicklowsome will have to wait as long as 13months for a first consultation.

The Legal Aid Board is how the State givespeople in need of legal advice andassistance on non-criminal law mattersaccess to that advice and that assistance.The Board’s law centres are the main hubof its activity. Each of these is like a smallsolicitor’s office, with maybe one to threesolicitors and a couple of support staff inmany of the offices. A few city offices area bit bigger. Counties like Wicklow,Kildare, Kilkenny and Donegal have only

one office each. Some counties have nooffice at all, so people who need civil legalaid in those counties have to travel toadjoining counties. Even in the best oftimes, the number of Legal Aid Boardsolicitors in general practice was nevergreater than 89 solicitors in total. At thevery best, the civil legal aid service couldnever be described as over-staffed.

The work of providing legal advice andassistance on civil matters to those of‘modest means’ – to quote the legislation– is primarily entrusted to these Boardoffices. In addition to their work in-house,they have a small budget to contract outsome family law work. This means thatprivate practitioners take on some oftheir cases for a flat fee, which wassubstantially reduced recently. While theyare authorised to carry out a wide arrayof legal representation and advice acrosscivil law areas, the bulk of the Legal AidBoard’s work is in family law. It isinconceivable that anyone with a familylaw situation will be better served bywaiting up to 13 months for anappointment. In fact, they will bedisadvantaged, as will their family.

In this issue of FLAC News, we describean initiative undertaken by the Legal AidBoard with other state services. Suchdevelopments are most welcome

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SAVE THE DATE! Thomas Hammarberg to give 2012 Dave Ellis Memorial Lecture

FLAC is delighted to announce that the recently retired Council of EuropeCommissioner for Human Rights, Thomas Hammarberg, will give this year’s DaveEllis Memorial Lecture. This will be the 6th annual lecture dedicated to the memoryof the late Dave Ellis and will take place in Dublin on Thursday 13 December. Thelecture, which has the broad theme of ‘Access to Justice’, is also an opportunity forFLAC volunteers and supporters to gather and acknowledge the work donethroughout the year in the pursuit of access to justice. More information about thetime and venue for the lecture will be available in the coming weeks from the FLACwebsite and PILA Bulletin.

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FLAC News Autumn 2012 F_FLAC05 vol15no4 16/10/2012 12:05 Page 1

flac News | Vol. 22, No. 3

F L a c n e w s l J U L Y – s e P t e M B e r 2 0 1 22

in this edition...Waiting for justice: Almost 5,000on Legal Aid Board lists 1 & 2

Dolphin House mediation initiative 2

Woman refused social welfare andoffered train ticket to Belfast 3

Success in social welfare appeal 3

Migrant Consultative Forumestablished 3

Changes to Mortgage InterestSupplement must be annulled 4

Submission to UN on accessto justice 4

European group salutes Lydia Foy, calls for Transgender rights now 5

New migrant information servicelaunched in Limerick 5

Personal insolvency law needs urgent change 6-7

Further clarification on terminatingHire Purchase agreements 7

Access to justice centre-stage forOireachtas presentation 8

FLAC Fellowships 2012 9-10

Debt queries to FLAC still growing 10

Focus on FLAC:Kim Watts, PILA Legal Information & Communications Officer 11

FLAC Summer Squad 12An Acknowledgement 12

Specialised immigration law training in Cork 13

Focus on PILAPILA pro bono referral case study 14

FIDH: Taking the local to the globalinternational cooperation on humanrights 15

Ireland’s most influential woman in law 16Landlord & Tenant legal educationsessions for NGOs 16

FLAC NEWS is published quarterly byFree Legal Advice Centres Ltd., 13 Lower Dorset Street, Dublin 1.

Editors: Noeline Blackwell, Emma Cassidy & Yvonne Woods

Layout & Printing: Printwell Design, D3Contributors: Noeline Blackwell, SaoirseBrady, Emer Butler, Emma Cassidy,Michael Farrell, Andrew Guy, AnitaHowlin, Paul Joyce, Gillian Kernan, ZséVarga, Kim Watts, Yvonne Woods

ISSN 07914148The views of individual contributors do notnecessarily represent the views of FLAC.

attempts to achieve better, non-confrontational outcomes for those infamily distress. However, the fact is that4,968 people are still waiting to have evena first discussion with a lawyer about theirlegal problem.

FLAC’s lo-call telephone information lineand our free advice centres around thecountry provide at least some bridge forpeople waiting for legal aid. Through theseservices, FLAC aims to give people a basicgrasp of the law as it applies to them andof the path they must travel to resolvetheir disputes. Access to such basicinformation is a first step to accessingjustice and achieving resolution ofdisputes.

Since the start of 2012, the main topicsdiscussed on FLAC’s telephone informa -tion lines have been family law (23.6 %),debt & credit law (12.7%) and employ -ment law (7.9%). Similarly, in our advicecentres the top three issues have beenfamily law (34.1%), employment law

(15.7%) and debt & credit law (9.6%).These topics reflect concerns inhouseholds nationwide during therecession around debt and employmentand the related impact of such stresses onfamily relationships.

Although the budget of the Legal AidBoard was not cut last year, its spendinghas been reduced from 27 million to 24million over the past few years whiledemand for its services has almostdoubled – and the Board has also takenover responsibility for the FamilyMediation Service.

Very few people actively want to go to alawyer, let alone to court, but access tolegal advice and representation is a crucialmark of democracy and the rule of law.Therefore, while state spending is cutdrastically across all areas of society, therole of access to justice in underpinning allaspects of people’s lives in that societymust also be remembered.

[continued from front page]

Dolphin House mediation initiative

A tripartite initiative involving theLegal Aid Board, the FamilyMediation Service and the

Courts Service began in Dolphin HouseDistrict Court in Dublin in March 2011.The project’s objective was to offer a viablealternative from the acrimony of the courtsand into a process of mediation leading,hopefully, to agreement. The FamilyMediation Service is a free state-run serviceoperating under the Legal Aid Board.

The scheme is unique in that the CourtsService, the Legal Aid Board and theFamily Mediation Service all operate underthe same roof in Dolphin House DistrictCourt. The service is aimed at separatedor separating parents – married or not –who are unable to agree about custody,access or guardianship. All applicants whoindicate that their case relates to any ofthese issues are offered the option ofattending an information session providedby the Family Mediation Service, which islocated on the fourth floor.

However, if the person is seeking aremedy on foot of the Domestic Violencelegislation, a referral to a family mediationinformation session is not made.

If it is suitable and the other party agrees,then a joint mediation session isscheduled. If the applicant wishes toreceive legal information and advice at anytime during the process, they may call tothe Legal Aid Board law centre in thesame building. Typically, the Legal AidBoard staff will provide information ondemand, rather than advice. The Legal AidBoard solicitors will provide advice toqualifying people on any mediatedagreement which needs to be formalisedby the District Court.

The project has now been in existence inDublin for more than a year and is aboutto be rolled out to the District Courtoffices in Naas, County Kildare andpossibly Co. Cork.

The new scheme is envisaged to saveconsiderable costs to the Courts serviceas mediated agreements mean cases arenot going to court. In addition, themajority of the cases involved, the partieswould be eligible for legal aid, so this issaving money for the Legal Aid Board innot needing to engage in numerous courtappearances.


T he Social Welfare Appeals Officerecently agreed that arrears ofChild Benefit should be paid to an

African woman who had been recognisedas a refugee. The woman’s asylum applica -tion had initially been rejected but theRefugee Appeals Tribunal upheld herclaim and the Minister for Justicerecognised her as a refugee.

The woman had applied for Child Benefitwhile awaiting a decision on her asylumapplication but was refused on the basisthat her status in the State remaineduncertain. When she got her recognition,the Department of Social Protectionbegan to pay her Child Benefit from thatdate.

FLAC represented her in an appeal to theSocial Welfare Appeals Office and arguedthat the Minister’s decision did not makethe woman a refugee, it simply recognisedthat she was one and therefore had beenentitled to reside here from when shemade her asylum application. Accordingly,she was entitled to Child Benefit as soonas she satisfied the other requirements ofthe Habitual Residence Condition.

The Appeals Officer agreed and held thatshe was entitled to arrears of benefit.

The recently published 2011 AnnualReport of the SWAO also includes asummary of a similar decision where anAppeals Officer awarded arrears ofbenefit, relying on a judgment by MrJustice Cooke in the High Court inFebruary 2011, in the case of HID v.

Refugee Applications Com mission er.The judge said:

An asylum seeker is a refugee as andwhen the circumstances defined inthe Geneva Convention arise andapply. The determina tion of theasylum application is purely dec -laratory of a pre-existing status.


F L a c n e w s l J U L Y – s e P t e M B e r 2 0 1 2 3

Woman refused social welfare and offered train ticket to Belfast

A Northern Irish woman whowas cut off social welfarebenefits in the Republic and

left destitute has had her paymentsrestored and been paid arrears. Mary (nother real name) is an Irish citizen whomoved to the Republic of Ireland. Shereceived payments for a time but wasthen cut off on the basis that she did notsatisfy the Habitual Residence Condition.

Officials dealing with her ignored the factthat she had spent all her life within theCommon Travel Area (CTA) betweenthe Republic and the UK, despite officialguidelines that say periods of residence inthe CTA should be treated the same asresidence in the Republic for HRC

purposes. The officials also ignored thefact that, as an Irish citizen, she had a rightto reside in the Republic of Ireland. Atone stage they offered her a train ticketto Belfast.

Mary, who had family connections in theRepublic, had initially been accepted ashabitually resident but was cut off inFebruary 2011. She became destitute,staying briefly in a homeless hostel whereall the other residents were men. Whenthe hostel could no longer keep her, shedepended entirely on charity from friends.

At times she had to scavenge in rubbishbins for food and her health deteriorated.At one stage she wrote to the socialwelfare office saying she was starving and

pleading for assistance, but they refusedand her appeal was rejected.

A local Citizens Information Centreworker and FLAC helped Mary to seek areview by the Chief Appeals Officer. Theoriginal Appeals Officer then reviewed hisdecision and held that she was habituallyresident. The Chief Appeals Officer alsoheld that the initial decision that Marysatisfied the HRC should not have beenamended unless there was a substantialchange in her circumstances, a principlecalled ‘once and done’.

Mary has now been awarded DisabilityAllowance and been paid arrears for theperiod of nearly 18 months when she wascut off. She is now trying to rebuild her life.

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MigrantConsultativeForum

established Following the launch of Person orNumber?, a joint report by Crosscare,Doras Luimni and Nasc, the Ministerfor SocialProtection,Joan BurtonTD, agreed toestablish aMigrantConsultativeForum toexamineissues faced byimmigrantsseeking socialprotection.

The forum has five permanentmembers: Crosscare, Doras Luimni,Nasc, FLAC and New CommunitiesPartnership. The first meeting of theforum between departmental officialsand NGO representatives will takeplace in early October to consider therecommendations contained in Personor Number? and raise relevant issuesof concern. Saoirse Brady, Policy andAdvocacy Officer will represent FLACat the forum.

Success in social welfare appeal

Social welfareinformation updateFLAC updated its FLACsheet on theHabitual Residence Condition inSeptember 2012. The HRC is an extraqualifying condition introduced in 2004for certain means-tested social welfarepayments and Child Benefit.

The updated info reflects the changesto work permit restrictions forRomanian and Bulgarian nationals.These limitations that were due to lastuntil January 2014 have now beenlifted. Romanian and Bulgariannationals no longer need a workpermit to be employed in Ireland.

8 Read the updated FLACsheetonline at http://bit.ly/hrcsept2012

8 For more information on the liftingof the work permit restrictions,see the Immigrant Council ofIreland’s factsheet on Romanianand Bulgarian nationals in Irelandat http://bit.ly/PKitev




Changes to Mortgage InterestSupplement must be annulled

FLAC previously reported onchanges to Mortgage InterestSupplement (MIS) contained in the

Social Welfare and Pensions Act 2012which mean that anyone seeking to accessthis state support will have to enter into apayment agreement with his or her lenderand comply with the arrangement for 12months before even being allowed to applyfor MIS. Even then there might be a furtherdifficulty in proving that the mortgage wasreasonable at the time it was agreed, andthe processing of the payment may takeseveral months more, leaving peoplewithout any support for anything up to 18months.

These changes were introduced in theform of a commencement order, StatutoryInstrument 206 of 2012, by the Ministerfor Social Protection. Since the order wasintroduced on 21 June, FLAC has beenlobbying hard to get the order annulledusing a little-known Oireachtas procedurewhich allows any member of either Houseto call for the annulment of the orderwithin 21 sitting days. In this case therelevant provision is contained in theprimary legislation governing the order:s.4(6) of the Social Welfare(Consolidation) Act 2005.

FLAC contacted the Joint Oireachtas

Committee on Education and SocialProtection and other interested TDs andSenators about using the annulmentmechanism and a number of Motions wereput on the Order Papers of each Housecalling for the commencement order to beset aside. However, as the CeannComhairle has discretion in relation to theorder of business of the House, suchmotions can remain for weeks or evenmonths before they are dealt with.

During Leaders’ Questions in the lead-upto the publishing of the PersonalInsolvency Bill, Fianna Fáil leader MichealMartin raised the question of MIS andasked the Taoiseach to annul theCommencement Order. However, theTaoiseach refused on the basis that due tothe money paid “under this system and forthose in this category, the banks will be inreceipt of €50 million of taxpayers’money”.

In the Seanad, Fianna Fáil Senators andIndependent Senator Katherine Zapponeput down a motion of annulment.Unfortunately Government Senatorsvoted against even holding a debate on theissue when Senator Averil Power (FF)attempted to move the Motion. In the Dáil,Deputies Catherine Murphy(Independent), Joan Collins (United Left

Alliance) and Barry Cowen (Fianna Fáil)also introduced motions but none of thesehave yet been debated or voted on. Thereare still a number of sitting days remainingto annul the order when the Oireachtasreturns on 18 September. However, itseems that the political will on the part ofgovernment representatives, does notexist to delay changes to MIS until abroader range of options are available forthose in mortgage arrears.

A mechanism to annul a commencementorder appears to provide a check andbalance on ministerial powers which couldlead to policy changes introduced outsidethe realm of primary legislation notdebated at all by the Oireachtas. However,where that safeguard cannot be exerciseddue to deliberate obstruction bygovernment TDs and Senators, it does notappear to represent a fair and democraticprocedure.

FLAC believes that the enactment of themeasure to limit MIS is premature withouta comprehensive set of measures beingavailable to ensure the protection ofborrowers who have the capacity toremain in their homes with appropriatetargeted support.

Submission to UN on access to justice

Magdalena Sepúlveda, theUN’s Special Rapporteuron extreme poverty and

human rights, is due to submit areport on access to justice issues tothe United Nations GeneralAssembly in October 2012. Inpreparation for the 67

thsession, Ms

Sepúlveda invited interested partiesto submit any contributions whichmight be relevant for her report. Shealso called on States to commit toimproving access to justice forpeople in poverty at a high-level UNGeneral Assembly meeting on therule of law on 24 September 2012.

FLAC prepared a submission onaccess to justice, which focused onthe current state infrastructure for

providing access to justice and onFLAC’s key research areas: civil legalaid, credit and debt law, socialprotection and public interest law. Italso offered detailed recommendationsin each of these areas. All recom -mendations focused on accessibility,fairness and real transparency forpeople who need to access statesystems in a fair and timely manner.

Ms Sepúlveda’s final report willhighlight international best practice inincreasing access to justice for allcitizens, including those living inextreme poverty. The next edition ofFLAC News will provide an updatefollowing the report’s publication inOctober.

UN Rapporteur Magdalena Sepúlveda



5F L a c n e w s l J U L Y – s e P t e M B e r 2 0 1 2

European group salutes Lydia Foy,calls for Transgender rights now

Apacked conference of Europeantransgender organisationsmeeting in DCU in September

gave FLAC client Lydia Foy a standingovation and called for urgent legislation torecognise transgender persons in Ireland.

Speaking at the conference, SocialProtection Minister Joan Burtonacknowledged that Ireland is in breach ofthe European Convention on HumanRights (ECHR) on this issue and is obligedto change the law. She said herDepartment had been waiting for advicefrom the Attorney General’s office, whichthey had just received.

She promised to give high priority todrafting the legislation and to refer it to anOireachtas Committee to discuss inOctober or November.

Transgender Europe, which includesmembers from Iceland to Turkey, washolding its first ever conference in Ireland,hosted by TENI (Transgender EqualityNetwork Ireland). Among the delegateswere representatives of the Council ofEurope’s Commissioner for Human Rightsand the EU Fundamental Rights Agency.

Some of the delegates were puzzled bythe warm messages of welcome theyreceived from President Michael D.Higgins, the Lord Mayor of Dublin andMinister Burton in a country that, alone inthe EU, has no provision for legalrecognition of transgender persons.

FLAC solicitor Michael Farrell told theconference that it was 19 and a half yearssince Lydia Foy first wrote to the IrishRegistrar General requesting a newpassport in her female gender. It was 15years since she began legal proceedings,represented by FLAC, to secure legalrecognition, and five years since the HighCourt had ruled in her favour.

He accepted the Minister’s commitmenton this issue and said that FLAC wouldengage with the drafting process and the

discussion by the Oireachtas Committeebut that any further substantial delaywould be unacceptable. Lydia Foy andother trans persons had sufferedembarrassment, prejudice anddiscrimination for too long. Legislationmust come in the very near future or Dr.Foy and FLAC would be forced to go backto court to vindicate her rights.

Senator Katherine Zappone also spoke atthe conference and made a powerful pleafor lawmakers to embrace humanity,accept diversity, and be inclusive and seekthe best practice to be found on this issueinstead of opting for the least possiblechange and following outdated andrestrictive models.

The Transgender Europe conference gavea significant boost to the campaign forgender recognition legislation and morebroadly for the visibility and acceptance ofIreland’s small transgender community.Sadly, it also saw another side of Irishsociety when three delegates to theconference were verbally abused and spatat in the city centre on their way to aconference social event.

Another reason for urgent transgenderlegislation is to send out a clear messagethat trans people are accepted andwelcome in our society and that this sortof bigotry and persecution is notacceptable.

Lydia Foy

In August 2012, Limerick-based migrant rightsorganisation, Doras Luimní officially launched its LegalService initiative.

This specialised service aims to provide migrants in theMid West region with legal information as they navigatethe complex asylum and residency processes. It alsoprovides support to undocumented migrants who needlegal advice and guidance.

The Legal Service team is made up of Legal OfficerOkeremute O. Okeregha and Legal Intern, Seona DillonMcLoughlin. They have been working together since June

to ensure that the migrant population in Limerick and thesurrounding area have access to the assistance they need.

Doras Luimní was established in 2000 in response to theGovernment’s introduction of ‘direct provision’. It worksto change the lives of migrants, change legislation andchange society through campaigns and advocacyprogrammes, by providing direct support to migrants andvia integration planning.

The new Legal Service is intended to advance DorasLuimní’s direct support work and is open 4 days perweek. More information at http://www.dorasluimni.org/.

New migrant information servicelaunched in Limerick

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Personal insolvency law needs urgent

Despite all its flaws, FLAC wasrelieved when, after a decade ofcampaigning, a bill on personal

insolvency was finally published on 29 June.Considerable time and effort has beendevoted to its naissance and FLAC ishopeful - but not necessarily optimistic -that it will lead to practical settlementsbeing reached between over-indebtedpeople and their creditors.

In the case of what might be termed ‘noincome, no assets’ debtors, FLACanticipates that, with some refinement, theproposed system of ‘bankruptcy-lite’ DebtRelief Notices might relieve the chronicindebtedness of many whose post-boomfinancial situation has been irreparablydamaged and also avoid the loss of thefamily home.

As an initial observation, however, theproposed system for resolving cases ofpersonal insolvency out of court –whether by way of Debt Relief Notices,Debt Settlement Arrangements orPersonal Insolvency Arrangements – isoverly complex. A plethora of state-funded actors will essentially replicateeach other’s functions. Ironically, this maylead to more voluntary settlements ascreditors seek to avoid the detailedinfrastructure, time constraints andadministration of the legislation. In thisrespect, we expect the Money Advice andBudgeting Service (MABS) to continue tobe very busy in terms of its core work asthe first point of repair for indebtedpeople and it must be properly resourcedto carry out this work. Given thecomplexity of the legislation, it is alsoevident that comprehensive legal advicewill be necessary before debtors committhemselves to potential options.

The major elephant in the room fordebtor and practitioner in formulating arepayment plan remains the significantcreditor voting thresholds to be reachedat creditor’s meetings before repaymentproposals are accepted. It is obvious thatthe fear of moral hazard has been veryinfluential in framing this legislation,contributing to a major imbalance ofpower between creditor and debtor. Thismanifests itself particularly in the lack ofany oversight or review by a third partysuch as the Insolvency Service, or of a rightof appeal into the courts for debtors

where proposals are refused; it is alsoevident in the wide range of potentialcriminal liability for debtors who are notperceived to be honest.

The bill takes a traditional approach todebt resolution by leaving the ultimatedecision-making power in the hands ofcreditors, rather than imposingsettlements where it may be in society’sinterest generally. As such, it is out-of-stepwith more recent progressivedevelopments in European insolvency lawas summarised by Professor Jason Kilbornin his 2010 paper, ‘Expert recom -mendations and the Evolution of EuropeanBest Practices for the Treatment of Over-indebtedness, 1984 – 2010’.

In one example, Prof. Kilborn explains thatin January 2007, Sweden moved from athree-step insolvency process to onestraightforward step. Previously, Step Oneinvolved mandatory private negotiation fora debtor with creditors that wouldinvariably be time-consuming and lead tofailure. Step Two saw an application fordebt relief then being made to the stateEnforcement Agency to be presented forvoting to creditors, if (or when) thisapplication was rejected, while Step Threewould see a court review the proposal andusually impose a settlement. In effect, theSwedish authorities decided to scrap stepsone and three and trust the stateEnforcement Agency to make the correctcall on the appropriate repayment plan.This was in light of the fact that courts hadupheld such proposed plans in 90-95% ofcases to date. Creditors unhappy with theoutcome may appeal into the Courtagainst the Enforcement Agency’sdecisions.

On the other hand, the French debtadjustment process generally begins withfiling a petition to a regionally based com -mission on individual over-indebtedness,administered by the Banque de France(equivalent to the Central Bank, which initself is seen to be a powerful incentive forcreditors to co-operate with the pro -cedure). Prof. Kilborn says the com -mission acts as a “sort of hybrid betweendebt counsellor and administrative tri -bunal”, drawing up a repayment plan forpresentation to creditors. Formerly,where the commission’s plan involved aproposal for part-payment that wasrejected by a creditor/s, it would have tohave been subsequently examined by acourt which could impose a settlement.However, with the success rate foraccepting such voluntary plans falling from70% in 2000 to 55% in 2008 and 2009,since November 2010 the commission hasbeen entitled to impose its own plan, againsubject to a creditor’s right of appeal intothe courts.

FLAC believes that the Irish government istaking a major risk in making a law thatrelies on the credit industry taking arational approach to debt settlement.There is little evidence it will act in theinterests of the taxpayer, the economyand even its own shareholders andstakeholders, while acknowledging that, inmany instances, much of Ireland’s personaldebt is now substantially irrecoverable.For this reason alone, we need a rollingreview of how effective the enactedinsolvency legislation is, so that we canquickly gauge if it is working and amendany deficiencies.

An optimist might suggest that this lawoffers banks the chance to demonstrategood faith and understanding in the face ofdeclining credibility, both domestically andinternationally, damaged by furtherrevelations. But where is their incentive?Creditors generally but the banks inparticular may consider that in agreeingsettlements that involve write-down orwrite-off, they are pushing themselvesfurther down the road to their owninsolvency. With no legislative compulsion,why would they do so?

A further area of concern is the Bill’s lackof detail on the infrastructure to facilitatethe new system. For example, it appears as




change

Section 63 of the Consumer CreditAct 1995 entitles a hirer to bring aHire Purchase (HP) agreement to

an end at any time by giving notice inwriting to the owner of the goods, usuallya finance house. Where the hirer has paidless than half the total HP price at thetime of termination, he or she must paythe difference between what has beenpaid and half of the total price. Whereover half the HP price has been paid atthe time of termination, the hirer will beliable for any arrears that have accrued atthat point. In either case, the hirer mayalso be liable for failure to take reasonablecare of the goods.

In July 2011, in the case of Gabriel v theFinancial Services Ombudsman (FSO) (seewww.flac.ie for further detail), the HighCourt determined that a hirerterminating a Hire Purchase agreementdid not have to pay the relevantcompensation as a pre-condition tosurrender the goods. This overturned adecision of the Ombudsman to thecontrary, which in effect had left manyhirers blocked from terminating carfinance HP agreements as they did nothave the means to pay such compensationin one lump sum.

In May of this year, FLAC appealed arelated finding of the FSO to the HighCourt on behalf of another client. Thisclient had attempted to terminate his HPagreement before the decision in theGabriel case, but the lender in question

had insisted on payment of compensationin one lump sum. The client was not in aposition financially to make this paymentand so he was forced to hold onto thevehicle and resume paying the monthlyinstallments.

Following the decision in Gabriel, theclient went again to terminate his HPagreement and this time the lender tookpossession of the vehicle and agreedinformal installment payments for theamount due. The client then made acomplaint to the FSO that, on the basis ofthe decision in the Gabriel case, thelender should have allowed him to endthe HP agreement the first time. Heclaimed that he should be reimbursed forthe installments he had paid following hisattempted termination of the agreement.The FSO found against him and statedthat at the time, the lender ‘was acting inaccordance w ith the then w idely acceptedinterpretatio n o f s.63 (2) o f theC onsumer C redit A ct 1995’. Moreover,the FSO pronounced that ‘the effect o fGabriel is not retrospective and onlyapplies from the date o f judgment’.

FLAC now understands that the FSO hasdecided not to file opposition papers inthis case, on the basis that it is notsatisfied that it took sufficient account ofthe judgment of the High Court in theGabriel case. It is now proposed to remitthe matter back to the FSO for a freshfinding by the FSO. Keep an eye on theFLAC website and the next issue of FLACNews for more information.

Read FLAC’s latest submission onthe Personal Insolvency bill, as well

as a summary of Prof JasonKilborn’s paper including howthose principles might be

incorporated into Irish legislationat www.flac.ie

Further clarification onterminating Hire Purchase

agreementsyet undecided as to who will licensePersonal Insolvency Practitioners (PIPs),let alone the criteria to determine thegrant or otherwise of such a license,despite the proposal to set up a newInsolvency Service. We reiterate thatdespite the perception that debtors andmoral hazard is a major problem in thiscountry, the significant majority of over-indebted people in Ireland are veryvulnerable. That vulnerability is heightenedby the growing expectation that thislegislation may finally provide solutions tothe enduring nightmare of many house -holds. The quality and conduct of prac -titioners is therefore a key issue and anylicensing system must ensure that debtorsare not exploited and impoverished.

The question of the minimum income ahousehold is entitled to retain beforepayments are made to creditors,therefore, is not a matter that can be leftto negotiation. Practitioners will needdetailed guidelines on these and relatedissues in order to properly formulateproposals. However, there appears to bean ominous silence in this regard atpresent. Similarly, the issue of costs andfees has not been addressed. Whilst it isthe norm across Europe that practitionersare paid from monies available fordistribution to creditors once repaymentproposals are accepted, FLAC is particu -larly concerned that up-front fees may becharged to debtors for work needed toget approval in principle for a proposal,with no guarantee that it will be accepted.

As the bill moves towards enactment,FLAC will continue to submit commentaryand suggestions to policymakers based onour analysis and engagement with othersin the field. We remain gravely concernedthat this golden opportunity of a new lawon insolvency will fail many of those whoso desperately need its protections unlessa strong consumer perspective is takeninto account.

If you or someone you know needs some basic help on a legal issue, you cancontact FLAC for free and basic information & advice - there is no means testand we keep your query completely confidential. We cannot offer legal representation, but you might qualify for state help fromthe Legal Aid Board (see our guide at www.bit.ly/CLAflacsheet).

Ways FLAC can help with your legal problem: 8 For basic information over the phone, lo-call 1890 350 2508 For basic, one-on-one advice from a lawyer, visit a FLAC centre - see a

full list of centres around Ireland at www.flac.ie/gethelp8 For info to download, see our website at www.flac.ie/gethelp

Need legal help?


8 F L a c n e w s l J U L Y – s e P t e M B e r 2 0 1 2


Access to justice centre-stage forOireachtas presentation

On 5 July 2012, FLAC staffpresented its work on access tojustice issues to Oireachtas

members and their staff. Following onfrom the organisation’s successful annualreport launch in June, FLAC DirectorGeneral Noeline Blackwell took theopportunity to remind the assembledlegislators that maintaining basic humanrights standards will steer Irish societythrough the current recession.

The briefing took place in the AV room atLeinster House and coincided with theopening of the debate on the desperatelyneeded Personal Insolvency Bill. FLACundoubtedly welcomed the Bill and hopethat this represents Governmentrecognition that Ireland’s current debtlaws are inadequate and antiquated.However, for many families in Ireland theproposed legislation appears to be arrivingtoo late to assist them.

In 2011, credit and debt queries made up12% of all calls received by the FLACinformation and referral telephone line. Inturn, 9% of people visiting FLAC eveningadvice centres had a credit or debtelement to their question. While ourcentres present just a snapshot of thecurrent situation, they still show howthousands of families around the countryare concerned about personal debt. Theneed for a holistic approach to debt issomething that FLAC has been calling forover the past few years.

This was outlined at the Oireachtasbriefing by Ms Blackwell. She wasaccompanied by Emer Butler, ExecutiveOfficer; Yvonne Woods, Information andCommunications Officer; Michael Farrell,Senior Solicitor; Larry Donnelly, PILAManager and Saoirse Brady, Advocacy andPolicy Officer. The FLAC staff gave anoverview of the work carried out in theirrespective areas of expertise over the pastyear to the assembled Oireachtas staff.

Discussion centred on FLAC’s inter -connecting internal systems and way ofworking, public difficulties in accessing civillegal aid and the inviolability of humanrights even in recessionary times. Thecontinued success of PILA as a vehicle forpromoting public interest law in Irelandwas mentioned as well as FLAC’scontinued strategic litigation in the areasof deaf jurors and the transgendercommunity.

The briefing concluded with a detailedoverview of FLAC’s work on socialwelfare law reform and the need for atransparent and fair social protectionsystem.

“Our message to legislators is that byrespecting, protecting and enforcing basicstandards of human rights, the state willensure that Ireland will come through therecession with a healthier, more cohesivesociety that is in a better position tomove on from austerity,” concluded MsBlackwell.

FLAC staff presenting at the O ireachtas br iefing on access to justice

L-R Larry Donnelly, PILA Manager; Noeline Blackwell, FLAC Director G eneral; Emer Butler , FLACExecutive O fficer and A lan Farrell TD, who invited FLAC to make its presentation

You can downloadFLAC’s AnnualReport for 2011from FLAC’s website at:

bit.ly/annrep.2011



Thomas Addis Emmet Fellow: Valerie O’Driscoll, UCC

FLAC Fellowships 2012: William Sampson & Thomas Addis Emmet Fellows report

I’ll never forget my first day as aWilliam Sampson Fellow. My arrivalcoincided with the launch of the FLAC

Annual Report for 2011, which was to beofficially launched by Minister for JusticeAlan Shatter TD. As I stepped off the busand into the porch of FLAC headquarters,I was promptly engulfed in a flurry ofactivity. I had no time to feel anxious aspreparations for the launch hadcompletely taken over the office and I wassoon engaged in a variety of tasks. Despitethe unusual nature of my first day, I wasimmediately comfortable at FLAC andexperienced almost none of the cultureshock that I had anticipated.

While it is typical for an American lawstudent to spend the summer after herfirst year conducting research, myinternship with FLAC allowed me toperfect my legal skills while simultaneouslyproviding me with the unique opportunityto see the law applied in a practical setting.I was given the chance to work withFLAC’s project, the Public Interest LawAlliance or PILA.

The research I did for PILA regardingbarriers to public interest litigation wasfascinating. I focused primarily on the non-

justiciability of socio-economic rights andlearned a great deal about internationalpublic interest law. I also visited the FourCourts and the Houses of the Oireachtas,where I was fortunate enough to meet theGovernor of Washington State, ChristineGregoire, who was visiting also, andseveral Oireachtas members. The workthat I was involved in had a directcorrelation to current issues in the Irishlegal system and it was rewarding to seethe impact that I could have as aparticipant in that system.

But beyond the positive effect that theFellowship had on my legal and culturalknowledge of Ireland, my co-workers

were really the best thing about going towork in the morning. Headlong immersioninto a different culture can be a trickybusiness but at no point did I feel anythingless than completely welcome at FLAC. Iloved teatime chats in the kitchen andyoga on Fridays and discussing thedifferences between Irish and US law withthe other interns. The FLAC team areextraordinary individuals and I am thankfulto have been able to be a part of theirfamily for a short while. The WilliamSampson Fellowship was an excellentexperience, both personally and pro -fessionally, and I will never forget mysummer in FLAC.

FLAC organises two fellowships in cooperation with the University of Washington, Seattle each yearto offer two law students the opportunity of learning about

the practice and theory of law in another jurisdiction, particularly from a public interest law and human rights perspective.

William Sampson Fellow:Kelli Gano, University ofWashington

L-R Kelli G ano , William Sampson Fellow ; C hristine G rego ire, G overnor o f Washington State;Meghan A nthony, FLAC intern from Boston University; and Senator Katherine Zappone

[continued on page 10]

Before sitting my final yearexaminations in BCL Internationalat University College Cork, I

spent eight weeks working in Seattle as alegal fellow in Washington Appleseed.This is part of the Appleseed non-profitpublic interest body network across theUnited States working to identifyinjustices in the community. TheWashington Appleseed office was based inRiddell Williams P. S. Seattle Law Firm,and my work there primarily involvedresearch for a forthcoming WashingtonAppleseed School Disciplinary Report.

The report covers the impact ofWashington State school disciplinepolicies on children and the community. Itincludes data from Freedom ofInformation Act requests and recordedinterviews with individuals andorganisations with a significant stake inWashington State’s education system. Italso refers to research conducted byother non-profit organisations, includingTeamChild and the American CivilLiberties Union.

In particular, this report will aim to



highlight the issue of the lack of educationfor expelled or suspended students, whichhas resulted in students falling behind inthe school curriculum after their out-of-school period.

These school-discipline policies make asignificant contribution to the increasingdrop-out rates from school. Conse -quently, more and more students fail toacquire a High School Diploma and there -fore remain unemployed and becomeinvolved in criminal activity. Therefore,this lack of education for suspended andexpelled students has a negative impact onthe State’s finances but the problem couldbe resolved or at least greatly alleviated bya strategic restructuring of the school-discipline policies in Washington State. Inaddition to that, I worked on otherWashington Appleseed projects such asthe campaign against the death penalty inWashington State in conjunction with theAmerican Civil Liberties Union, andresearch on the lack of mental health

support for children in schools.

In conjunction with my work inAppleseed, I was a research assistant forProfessor Walter Walsh in the Universityof Washington. This research focused onthe European Court of Justice’sinterpretation of provisions in theEuropean Constitution and relatedacademic commentary.

Additionally, I attended seminars at theUniversity of Washington that werepresented by various professionals,including prosecutors, public defendersand police officers. These includeddiscussions on the practise of law as acareer and the creation of a defence froma police report.

Throughout the Fellowship, I learnedabout the legal structure in WashingtonState and the United States of America aswell as differences between the US andIrish legal systems in the matter of PublicInterest law. I also expanded myknowledge of European Union Law and

gained considerable insight into theworking life in a big-city law firm. Overall,the Thomas Addis Emmet Fellowship wasa life-changing experience for me and aninvaluable step towards my legal careergoals.


87

132

208

228

236

290

344

355

360

441

514

639

1027

2255

Client-Solicitor relations

Neighbour disputes

Social Welfare

Immigration/Refugee

Other civil matter

Negligence/Personal Injury

Criminal

Property

Housing

Consumer

Wills

Credit & Debt

Employment

Family

FLAC Centres Jan-June 2012

During the first six months of 2012, FLAC received6149 calls from the public to its telephoneinformation line, while 6624 people attended

FLAC centres around the country seeking legal advice.With 157 more callers to FLAC centres in the first half of2012 compared with the same period last year, demandfor legal advice continues to rise.

Family law continues to be the area of law mostfrequently discussed on FLAC’s telephone information lineand in FLAC centres. Almost half of all family law queriesin FLAC centres concern divorce or separation (46%).One in three entails custody, access or guardianship ofchildren, and a quarter of these queries are onmaintenance.

Debt is now the second most common query to thetelephone information line, with the number of debtqueries 10.4% higher in the first half of 2012 comparedwith first half of 2011. One in ten callers to FLAC centresalso attend with a debt-related problem. Almost half ofthese callers have incurred mortgage arrears (49%), and aquarter are in debt with personal loans.

While FLAC has seen a 16% drop in the number ofemployment related calls to the information line overthe period, employment is still the second most frequentarea discussed in FLAC centres, with a number ofspecialised employment law clinics provided to meet thisniche demand. One-third of all employment queries arerelated to contract terms, and a quarter are on dismissal.

FLAC has also observed a 32% rise in the number of callsaround civil legal aid this year, compared with January toJune 2011.

41 49 50

105 128 133 154

191 206 215

279 305

336 336

368 499

543 793

1,418

Company Neighbour disputes

Contract Immigration/refugee

Social Welfare Negligence/Personal Injury

Property/Interest in Land Consumer

Client-Solicitor relations Housing/Landlord & Tenant

Other Legal Aid

Will/Probate Criminal

Civil Employment

Legal Services Credit & Debt

Family

Telephone Information Line Jan-June 2012

Debt queries to FLAC still growing

The FLAC Centre in Tallaght (basedin Citizens Information Centre) hasmoved offices. The new address is Hainault House, The Square, Tallaght,Dublin 24.

Tallaght FLAC is open every Tuesday7.30pm-9.00pm and operates on an appointment-only basis. Please tele -phone 076 107 8340 during officehours to set up an appointment for afree and confidential legal consult -ation. See page 12 for more.

Change ofaddress forTallaght FLAC

[from page 9]





Kim Watts joined PILA (PublicInterest Law Alliance) in April2011 as Legal Information and

Communications Officer. PILA, thededicated public interest law project ofFLAC, was established in 2009 and itseeks to grow awareness of publicinterest law in Ireland and its usefulness asa tool for social change. Kim has beenresponsible for redeveloping the mainPILA website to make it a hub of publicinterest law - an easily accessible anduseful legal resource for law students,non-government organisations and lawpractitioners alike. She also works onPILA’s social media and communicationsstrategy, editing a regular online bulletin,coordinating events and handling theproject management of a novel legalinformation database.

When the PILA vacancy arose, Kimrecalls her excitement at how closely thejob specification mirrored her ownprofessional experience. “I couldn’tbelieve it, it combined so many things I’minterested in. So when the opportunitypresented itself, I jumped at the chance”.The position brought together Kim’s legalbackground with her interest in socialjustice and public interest law issues. Inparticular, the role’s focus on technology- essential for specific aspects of the PILAwork plan – was a major draw: “I was soexcited to finally have the opportunity toapply my passion for technology and theinternet in a professional role – practisingsolicitors don’t really get to work on webprojects!”

Prior to joining PILA, Kim completed herundergraduate law and arts degrees at theUniversity of Auckland, New Zealand. Shewent on to complete an LLM inCommercial Law, graduating in 2010. Sheworked for nearly 3 years as a solicitor inprivate practice, focusing primarily indispute resolution, competition law andconsumer law. However she alsoregularly worked on pro bono matters, asa regular participant in her firm’s long-running pro bono partnership programmewith Auckland’s Mangere CommunityLaw Centre. In 2010, in a decision thatinitially intrigued a few of her Irish andKiwi friends, Kim and her husband movedto Dublin. “I suppose heading to Ireland

when it was in the eye of an economicstorm might seem surprising,” says Kim.She immediately took up a six-monthinternship with the CompetitionAuthority where she worked on a projectadapting EU policy into domestic Irish lawas well as other legal analysis, beforetaking up her current role.

One of Kim’s first tasks was to develop aneffective web and communicationsstrategy for PILA. She notes that it is vitalfor a project like PILA to have a strongonline presence as it works with multiplestakeholders, advances a somewhatabstract agenda and has to engage avariety of interests. For example, lawyersand NGO staff interested in pro bono andpublic interest law issues will be lookingfor very different information fromacademics and law students looking toengage in public interest education. InMarch 2012 Kim oversaw the launch ofthe revamped PILA.ie website, including amobile version. The website has extensiveresources organised by key issue, such asimmigration, housing, social welfare andbarriers to public interest litigation.

Kim views the revamped website as thefirst stage of PILA’s web andcommunications strategy. The secondphase will involve increasing the legalresources that PILA provides to itsstakeholders. “PILA’s goal is to be

considered a genuine hub of publicinterest law resources, which is why weare also working on a legal database.” Atthe time of writing, the technical elementsof the database have been completed andFLAC and PILA teams are now workingto populate it with high-quality content.Kim hopes that the database will beoperational by early 2013.

As well as developing PILA’s onlinepresence, Kim also edits the popularonline PILA Bulletin. She is keen to paytribute to the sterling work of formerPILA staffers (such as Jo Kenny and EdelQuinn) and the interns who research anddraft the Bulletin’s content: “Jo and Edelmade the Bulletin the popular and highly-respected publication it is today – it’s myjob to keep that going!” The fortnightlyupdate of public interest law news nowhas around 1600 subscribers, an increaseof 600 readers in the past year alone.

Kim also works on other publications,such as PILA’s Progress Report. Publishedin May 2012, it highlights the successesachieved by the project since launching. Inthree years, PILA has made over 100referrals under its Pro Bono ReferralScheme, held 24 legal informationsessions and convened 13 law reformworking groups.

Ideas such as the database and a webstrategy may seem cold, technological andfar removed from the aims of a humanrights-focused organisation, but Kim saysthat all these tools further both theaccess-to-justice ethos of FLAC andPILA’s public interest focus. She alsomentions the challenge of using socialmedia effectively to explain PILA’smessage and to engage stakeholders.“From an information servicesperspective, a major ongoing concern forPILA and FLAC – or any otherorganisation – is staying relevant. There’sno point in having a pretty website if it’snot useful, if it doesn’t provide peoplewith solid legal information.”

© P

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Subscribe to the PILABulletin at www.pila.ie

F O C U S O N F L A C :

Focus on FLAC: Kim Watts, PILA LegalInformation & Communications Officer



T he FLAC Summer Squad was firstcalled into action on May 2012.As many of our volunteers are

less available over the summer holidays,this can have a knock-on effect on ourFLAC centres.

To overcome the rostering challenges weface over summer, we recruited a “FLACSummer Squad”. We now have adedicated group of about 20 people whokindly make themselves available over thesummer months. They can be asked totake appointments at a variety of centres,often at short notice (in some cases onlyan hour or two). Obviously, the SummerSquad volunteers go on holiday as well,but they also offer FLAC some of theirfree time and in doing so, help usenormously.

Aine Bhreathnach first became a volunteerwith FLAC because she felt a great affinitywith the organisation’s core values. Sherecalls, “I became a volunteer with FLACas I believe that it is important thateveryone has access to free legal adviceand information in respect of possible legalsolutions to their problems.” Aine isnormally based in FLAC’s Tallaght centrebut during the summer she alsovolunteered to be rostered at PrussiaStreet and North King Street. “I reallyenjoy volunteering with FLAC and playinga small role in ensuring access to justicefor all”, says Aine.

There can be other difficultiesencountered by centres during thesummer. Occasionally, volunteers mayforget to notify us of their holiday plans;several legal advice sessions even had tobe cancelled last summer for this reason.However, where the session goes aheadwith fewer volunteers on duty, it puts a lotof pressure on the volunteers who doturn up. Ultimately, it may result in peoplenot receiving critical legal advice andinformation. It is very hard to tell ourcallers on the night that they must gohome without any advice or assistance.

Many FLAC Summer Squad membersvolunteered in centres all over Dublinover the summer where they had neverbeen before. Some joined FLAC years ago;others are quite new to us.

For example, Sarah Jane Hillery beganvolunteering with FLAC just over 6

F L a c n e w s l J U L Y – s e P t e M B e r 2 0 1 21 2

I N S I D E T H E C E N T R E :

FLAC Summer Squad

An acknowledgement from our partners

FLAC works with local CitizensInformation Centres all over thecountry to ensure the smooth

running of the FLAC centres. The CICsnot only provide the venue for ourservice, but in many cases, they alsoschedule appointments, overseereception and rostering, and manage localadvisors.

In most of our Dublin centres and in twocentres in Cork city, FLAC recruits,rosters, manages and supports thevolunteers while the CIC staff look afterthe premises and appointments.

FLAC does its best to support the workof the local CICs and this cooperation isessential to providing our legal advice

service to the public on a confidential andcost-free basis.

While both agencies are working hard toserve the public, this work can often gounnoticed. Our Volunteer Managerreceived this letter from Ann Reid,Development Manager of the TallaghtCIC. We would like to take thisopportunity to thank all our volunteers inall our centres for their hard work - thisletter from Ann eloquently expresseshow important their work is to localcommunities. See page 10 for TallaghtFLAC’s new contact details.

Zsé Varga

13th September 2012

Dear Zsé,

On behalf of the Board of Tallaght Citizens Information

Service I would like to express our gratitude to the

barristers and solicitors who partake in the voluntary

FLAC service here in Tallaght. It is encouraging to work

with such co-operative people who give freely of their

valuable time and experience.

We constantly receive positive feedback from our

clients about your centre and are delighted to be

involved with you in this essential work which reaches

out to those in Tallaght who otherwise would not have

access to legal services.

We look forward to working alongside you in the future

and are pleased to welcome you into our new premises

to continue to work together providing access to justice

to those who need it in the Tallaght community.

Yours sincerely

Ann Reid

Development Manager

Tallaght Citizens Information Service

(continued on page 16)



1 3F L a c n e w s l J U L Y – s e P t e M B e r 2 0 1 2

Specialised immigration law training in Cork

Participants in the FLAC - NA SC immigrant r ights course in C ork recently.

FLAC is running a comprehensivetraining course series in immigra -tion law for our volunteers in Cork

this autumn.

FLAC has collaborated in the past on anumber of projects with immigrant rightsgroup Nasc, which works towardscreating an integrated society based onhuman rights, social justice and equality.FLAC has seen a clear increase in querieson immigration law in our legal advicecentres: in 2006 there were 83immigration law-related queries recordedwhile in 2011 there were 499 in Dublin.

While FLAC operates two specialisedimmigration law clinics in Dublin (atNorth King Street and O’Connell Street),the organisation has not had a centreoffering a specialised immigration lawadvice in Cork. Nasc has been providingan immigration-orientated service in thecity, but may not be able to continueoffering the same level of service in thefuture.

FLAC now plans to offer specialisedimmigration law advice in cooperationwith Blackpool Citizens InformationCentre in Cork and thus the plannedtraining schedule will equip Corkvolunteers with information and skills inthis key area.

The immigration law modules are beingrolled out over five evening sessions,covering two modules at each. The 19participants have been asked to attend allfive sessions. The training course is beingdelivered by solicitors Claire McCarthyand Thomas Coughlan as well as Nasc,and FLAC is very grateful for theirexpertise. Nasc has also kindly offered theuse of its premises for the training, whichruns on Thursday evenings from 20September until 18 October. Modulescover the following topics:

8 Immigration law overview

8 Visas; pre-entry, entering the Stateand deportation, (Immigration Act2004)

8 Family reunification

8 Immigration and employment law

8 Immigration law and family law

8 Immigration law and criminal law

8 Immigration law and social welfare

8 Citizenship

8 EU Treaty Rights

8The asylum process and refugees.

FLAC ran a similar initiative in Dublin inMay and June of this year and we aremost grateful to the trainers whodeveloped and delivered the modules tothe 17 Dublin participants. Our trainersin Dublin were:

Catherine Cosgrave, Senior Solicitor,Immigrant Council of Ireland; KarenBerkeley, Solicitor, Brophy Solicitors;Saoirse Brady, FLAC Policy & AdvocacyOfficer; Ángel Bello Cortés, Solicitor,Kelleher O’Doherty Solicitors; JacquelineKelly, Managing Solicitor, Irish RefugeeCouncil; and Elizabeth Mitrow, Solicitor,Terence Lyons & Co. Solicitors.

For more information on Nascand its work, visit

www.nascireland.org




PUBLIC INTEREST LAW ALLIANCEU P D A T E

PILA’s Pro Bono Referral Schemematches legal expertise with legalneed in organisations that helpmarginalised and disadvantagedpeople. Here we profile a currentreferral facilitated by PILA wheretop Irish firm A&L Goodbody isassisting The Society of St Vincentde Paul.

The Law Firm: Johanne Duignan,Associate at A&L Goodbody

Did you find the PILA Pro BonoReferral Scheme easy to deal with?Our involvement in pro bono work is along-standing feature of the firm and isintegral to our ‘Step Up’ CommunityCollaboration Programme which aims tomake a positive impact in the communitythrough the skills and knowledge of ourpeople. Partnering with PILA enables usto achieve this very effectively. TheScheme could not have been easier ormore user friendly. PILA approached thefirm, and provided some background asto the advice required. As the issues areof interest to me, I volunteered to takeresponsibility for the matter. I thencontacted Maeve Regan at PILA, who putme in contact with the client and I tookit from there.

What was the most challenging aspectof the referral?Following an initial consultation, both theclient and I felt that it may be helpful toapproach the issues from a differentangle than first envisaged. This change inapproach necessitated some to-ing andfro-ing but once we were happy toproceed on that basis, the matterprogressed quite smoothly. I am happyto say that the work is ongoing and willhopefully, be of benefit in a broadercommunity sense.

What did you learn about the NGOyou advised through this referral andits work?While I had an awareness of some of thework which this NGO does, I wassurprised to learn of the scope of the

organisation’s responsibilities and theinfluential role which it has in oursociety, particularly in key areas such aseducation.

How did this experience benefit oraffect your regular work?From a practical perspective, thisexperience has not had an adverse impacton my work at all. The client is verycommitted to the process and is mostappreciative of the time which has beengiven to this matter. From a personalperspective, working with this client hasbroadened my horizons, taken me out ofmy comfort zone and highlighted thebenefits of adopting a collaborativeapproach to addressing and resolvingissues.

Would you do more pro bono worklike this?Absolutely. It is a very rewarding andeducational experience.

Would you recommend doing probono work through PlLA’s ReferralScheme to other solicitors?Yes. The PILA Scheme is well organisedand very supportive. The Schemeprovides an opportunity for solicitors atevery level with varying expertise towork with well respected organisations.There is an opportunity for everyone tomake a worthwhile contribution.

The NGO: Audry Deane, SocialJustice & Policy Officer at St Vincent de Paul

What was it like working with thePILA pro bono lawyer?It has been a pleasure – it’s still anongoing process as the referral is not yetfinished!

Did you receive good quality advicefrom the PILA pro bono lawyer?Johanne is going to input into adiscussion paper we are preparing – Ifully expect her expert knowledge to beof huge benefit to us

How did this experience benefit oraffect how your organisation works?

I fully expect it to add gravitas andcredibility to our campaign process andlobbying.

Would you recommend using PILA’s Referral Scheme to otherorganisations needing legal advice?Absolutely – we’ve had a very pleasantand worthwhile engagement withJohanne.

PILA pro bono referral case study

Johanne Duignan, A&L Goodbody A udry Deane, St V incent de Paul

For more information : http://www.pila.ie/key-

issues/pro-bono/




Back in 2008, FLAC was asked toseek equality for a number ofIrish pensioners who were

excluded from using the State’s FreeTravel Scheme when they came to visitfriends and families in Ireland. Most ofthese pensioners live in the UK. Havinginvestigated their complaint and linkedit to rights under the European SocialCharter, it became clear to FLAC thatthe most appropriate body to heartheir case was the EuropeanCommittee of Social Rights, whichoversees the operation of the Charter.However, as a domestically focusedNGO, FLAC did not have a right ofaudience before that Committee. Thisis when FLAC turned to colleaguesoperating in the InternationalFederation of Human Rights –commonly called by its French acronymof FIDH.

Having discussed and developed the casewith FIDH, the two organisations jointlyfiled a complaint. Ultimately, it was notsuccessful, although four of the 14-person committee dissented from thenegative ruling. The majority said thatwhile the Committee recognised “theclose links that many pensioners mightwish to maintain with public, social andcultural life in Ireland”, restricting accessto the scheme to permanent residentsliving in Ireland did not breach theEuropean Social Charter.

Following this collaboration, and alsorecognising that FLAC is just one ofmany organisations in Europe andaround the world which works toprotect and promote human rights,FLAC became an associate member ofFIDH in 2009. The Federation bringstogether some 164 human rightsorganisations from around the world.Each country has one full member andall others are associate members.Ireland’s full member for many years isthe Irish Council for Civil Liberties.Besides ICCL and FLAC, the NorthernIrish body CAJ (Committee for theAdministration of Justice) is also amember.

In joining this international humanrights network, FLAC was re-enforcingits links to its colleagues around theworld who act to protect and promoteall human rights. FLAC also links intothe work of the Irish government toprotect human rights outside of Ireland;FLAC’s Noeline Blackwell is a memberof the Department of ForeignAffairs/NGO Standing Committee onHuman Rights where she representsthe Federation.

The FIDH board has representativesfrom around the world. One of itsmembers, the Pakistani lawyer Asma

Jahangir, was due to speak at a publicinterest law conference in Belfastearlier this year, but couldn’t make itbecause of threats to her security.Another member is the courageousAles Bialiatski, leader of a human rightsorganisation in Belarus, who iscurrently serving 4.5 years in a prisonunder reportedly worsening conditionswhile he continues to protest hisinnocence. In conjunction with FIDHmembers all around the world, FLACobjected to his unfair trial and sentenceimposed last November

With its members working across theworld in their own countries on issuessimilar those on which FLAC works inIreland, and using the offices of theFIDH to monitor events affectingaccess to justice in Europe andinternationally, FLAC believes that itsmembership of FIDH will help to betterpromote and protect the universal andindivisible values of human rights thatare so important to society in Irelandand all around the world.

FIDH: Taking the local to the globalinternational cooperation on human rights

FLAC staff and interns pro test the unjust tr ial and imprisonment o f FIDH Vice President and chairperson o f Belarus Human Rights C entre ‘V iasna’, A les Bialiatski, in November 2011.

Read more at freealesbialiatski.fidh.net

Membership ofFIDH will help tobetter promote andprotect theuniversal andindivisible valuesof human rights

Read more about FIDH at:http://www.fidh.org




In August 2012, The Ir ishIndependent conducted a surveyamong its own columnists to name

the 10 most influential women inIreland within a variety of categories.FLAC Director General, NoelineBlackwell was named as the mostinfluential female in the area of legalaffairs.

In a shortlist compiled by Legal EditorDearbhail McDonald, Noeline wassingled out for her “her relentlessdefence of those with no legalresources or nous”.

FLAC’s access to justice work andrecent campaigns were also praised inDearbhail’s piece which can beaccessed online (along with details ofthe other categories and their winners)at http://bit.ly/NVQyX5.

The winners in each category werethen entered into an online poll whichcalled on readers of The Ir ishIndependent to vote for the mostinfluential woman in the country.

Noeline was placed third in the overallsurvey. Olympic boxing champion,Katie Taylor and RTE broadcaster,Miriam O’Callaghan finished first andsecond respectively.

Before joining FLAC as its head in2005, Noeline ran her own solicitor’spractice in Dublin and had a particularinterest in family law as well as humanrights law, in particular refugee law.

She is a trustee of Front Line, theDublin-based international foundationfor human rights defenders at risk.Noeline also sits on the boards of theImmigrant Council of Ireland and theCitizens Information Board.

Ireland’s most influential woman in law

months ago and has already been called intoaction as part of the summer squad. “Iusually volunteer in the Immigration clinicsin North King Street and O’Connell Street”Sarah Jane told FLAC News, “but during thesummer I filled in at a various General LawClinics when I was needed.”

Providing cover at these general FLACcentres meant that Sarah-Jane was facedwith a much wider variety of legal issuesthan would typically come up at aspecialised centre. While this waschallenging, Sarah Jane said that her slightnervousness was far outweighed by thefeeling that her guidance was genuinelyhelping someone in need. “It’s great to beable to offer a bit of reassurance and pointpeople in the right direction.”

“I am so grateful for our Summer Squad.They were a truly fantastic help over thelast few months.” says Zsé Varga, FLACVolunteer and Centres Manager. “Whilemany of these volunteers would be knownto fill in last minute, the commitment theyshowed over the summer really made adifference this summer and took a lot ofpressure off my shoulders. The othervolunteers and people coming to ourcentres experienced only a great, smoothlyrunning service. I would like to thank thoseinvolved so much for their extracommitment this summer.”

Landlord & Tenant legal education sessions for NGOs

Through its pro bono referral scheme, PILA organises legal education sessionsfor NGOs. In July and August, PILA facilitated popular legal educationsessions on landlord & tenant law. The first was for a range of interested

NGOs, and the second was for Dublin Simon delegates. Barrister Kevin Baneham BL,an expert in housing law and formerly Threshold’s Legal Officer, presented bothsessions.

In both sessions, Kevin discussed a range of relevant topics including an overview ofthe legislation, the law in relation to eviction, standards and conditions of dwellingsand tenants’ rights in relation to deposits.

Feedback from NGO attendees was that the sessions were excellent. PILA LegalOfficer Maeve Regan commented, “it’s very difficult for people to find out about thisarea of law – it’s a bit of a blind spot. Kevin’s presentation gave an excellent overviewabout this important and potentially complex area of law.”

PILA’s Larry Donnellyreturns to NUI Galway

PILA Manager Larry Donnelly returned in September to hisrole as lecturer and Director of Clinical Legal Education atthe NUI Galway School of Law. Larry had taken a two-yearleave of absence from the faculty while he held the PILAManager position. Although all FLAC staff and the PILATeam in particular are sad to see Larry go, his involvementwill still continue! The clinical legal education aspects ofPILA’s work will now be based at NUI Galway with Larry. ©

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Documents

Flac news autumn 2012 final pdf