Flac news autumn 2014 web

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F R E E L E G A L A D V I C E C E N T R E S

Since May 2014, FLAC has beenworking on a report that details theState’s performance on fulfilling

economic, social and cultural rights inIreland from the perspective of civilsociety groups on the ground. This workis part of the United Nations reportingprocess under the International Covenanton Economic, Social and Cultural Rights, atreaty that Ireland ratified in 1989. TheIrish State has legal obligations under thistreaty to respect, protect and promote

economic, social and cultural rights inIreland.

Under the reporting process, theGovernment must submit a State reportto the UN Committee on Economic,Social and Cultural Rights every five years.Ireland has not reported to thisCommittee since 2002; during this timethe country has experienced a seismiceconomic and social shift, affecting allrights protected under this covenant.

The state report documents progress oneach covenant article. The State is thencalled to appear in Geneva forexamination by the Committee on a list ofhuman rights issues that the Committeedeems most urgent or important underICESCR. As part of the reporting andexamination process, civil society bodiesin a country can put together analternative ‘parallel’ or ‘shadow’ report tothe State report on how the governmentis meeting its human rights duties.

Telling the true story about human rights in Ireland:

FLAC submits alternative ICESCR report to the United Nations

C ontinued on page 7

Phot

o by

Pat

rick

Gru

ban,

Cre

ativ

e C

omm

ons

Updated mortgage arrears figurescovering the second quarter of2014 were released by the Central

bank on 2 September. Again they showedan overall reduction in the number offamily homes in mortgage arrears. How -ever FLAC identified three issues ofconcern in the fresh data: the continuedincrease in longer-term arrears cases, anaccelerated rate of applications torepossess homes, and the arguably dubioussustainability of mortgage re structures.

While it is clear that all other categoriesof accounts in mortgage arrears havedecreased, the number of accounts inarrears for more than two years,worryingly, continues to rise; the lateststats show this is up by 5%. In addition theamount of arrears on these accounts isnow an average of €47,300 per account.Further, the number of new applicationsto repossess houses in the second quarterwas 3,274, the highest quarterly figure yet.FLAC Senior Policy Analyst Paul Joycecommented at the time that “[t]his meansthat nearly 10,000 new applications torepossess family homes were made in the12 months from July 2013 to the end ofJune 1024. So far, these applications torepossess are not resulting in large-scalerepossessions. Nonetheless, in nearly 300cases, the court granted an order for saleor repossession in Q2 2014.”

FLAC also noted that in the secondquarter of 2014 there was a 10% increasein the number of restructured accounts.However it is clear that this increase was

almost entirely attributable to the cap -italisa tion of existing arrears and theimplementation of certain debt reliefmechanisms, in particular split mortgages.FLAC has questioned and is continuing toquestion the sustainability of these sortsof deals. There is little detailed informa -tion on how restructured cases areprogressing in the long term and thismakes it impossible to determine howeffective they are as a long-term re -structuring mechanism.

FLAC Director General Noeline blackwellcommented that the trends from theCentral bank “are consistent with whatwe see across all our areas of work inFLAC, whether on our telephoneinforma tion line or in our work on socialwelfare law. We find that more of ourcontacts are from people who are indeeper difficulty, giving rise to a worrythat those who became seriously over-indebted at the start of the economiccrisis are not pulling out of difficulty now,but rather becoming mired more deeply.”

FLAC’s concern is that with the budget tobe announced in october, those in long-term mortgage arrears – as well as thosewho remain in poverty as a result of therecession – will again not be given dueconsideration and will be left withoutadequate support systems, exacerbatingtheir situations. The lack of adequatesupport systems mean that thesevulnerable individuals are effectively left tofend for themselves in situations that arevery difficult and often complicated onlegal, social and financial levels.

flac News | Vol. 24, No. 3

in this edition...

Telling the true story about human rights in Ireland: FLAC submitsalternative ICESCR report 1, 7

Latest mortgage arrears figures showworrying signs 2

oireachtas Committee examines legal protection for consumers 3

Inside the Centre: Clare FLAC 4-5

UCD Social Protection PolicyWorkshop 6

Human Rights-based budgets Q&A with Prof Aoife Nolan 8-9

Fairer society using human rightsbudgeting 10

Focus on FLA C Vo lunteer ing:

FLAC Student Societies fresh-er start 11

FLAC volunteer awards 11

PILA update:

International forum on pro bono 12Case study: A&L Goodbody 12

Focus on PILA :

Eithne Lynch, PILA Legal officer 13

PILS Project NI hosts roundtablediscussion on protective cost orders 13

Introducing CLM 14

40th anniversary celebrations inTipperary CIC 15

Tipperary civil legal aid workshophighlights severe shortcomings in system

16“Friends of FLAC” programme to raisemuch-needed funds 16

FLA C News is published quarterly byFree Legal Advice Centres Ltd., 13 Lower Dorset Street, Dublin 1.

Editors: Amy Smyth & Yvonne WoodsContributors: Noeline blackwell, ColumbFortune, Amy Heffron, Catherine Hickey, PaulJoyce, Liz o’Malley, Yvonne o’Sullivan, ProfAoife Nolan, Rachel Power, Sinead Smith,Amy Smyth, Eamonn Tansey, Fionn Toland,Rose Wall, Yvonne Woods, Zsé Varga

Photos: FLAC, CLM, Jarek Dudek, PatrickGruban, Derek Speirs

Layout & Printing: Printwell Design, D3

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

2 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 4

Latest mortgage arrears figuresshow worrying signs

Oireachtas Committee examines legalprotection for consumers


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 4

Continued on page 7

Many people are aware of FLAC’scampaign work on reform of thelaw governing personal insol vency

and bankruptcy, for changes to the legalsystem concerning the enforcement ofdebts in the courts and for a pragmaticapproach to be taken to resolving mort -gage debt so as to avoid, whereverpossible, the repossession of family homes.

However, a complementary strand of ourwork is around campaigning to improvelegal protection for consumers of creditand associated services and to strengthenthe systems of complaint and redress forconsumers unhappy with the conduct offinancial services providers. Earlier thisyear, FLAC produced Redressing theImbalance, a ground-breaking analysis ofstate legal protections to those availing ofcredit from banks, hire-purchasecompanies, credit unions and other financesuppliers. The report argued that there arewide ranging flaws and gaps in theconsumer credit infrastructure which arisefrom a confusing regulatory landscape andan approach which prioritises theconvenience of financial providers over theneeds and rights of consumers.

Importantly, Redressing the Imbalanceincludes interviews with consumers ontheir experiences with using the redresssystems available to them. These do notpaint a happy picture, with manyconsumers dissatisfied at the attemptedresolution of their complaints to theFinancial Services ombudsman, and theconclusion is that this office should beindependently evaluated and its systemsmade more transparent.

Accordingly, FLAC was delighted to beasked to present the findings of the reportto the joint oireachtas Committee onPublic Service oversight & Petitions on 17September, the first day of the newoireachtas term. Principal author of thereport and FLAC Senior Policy Analyst, PaulJoyce, made the presentation along withFLAC Director General Noeline blackwell.

The main focus for FLAC in itspresentation was to highlight the report’smain conclusion – there is an over-whelming inequality of arms betweenconsumers and financial institutions whenit comes to complaints and redressmechanisms. Underlying causes such aspoorly transposed, poorly monitored and

poorly enforced EU legislation, and theuneven application and enforcement ofCentral bank codes, were also identified.The FLAC presenters supported the needfor out-of-court redress mechanisms suchas the Financial Services ombudsman, butsaid FLAC’s research shows thesestructures must be reformed and mademore user-friendly in order to fullyprotect consumers’ interests.

They also discussed some aspects of thelegislation underlying the office of theFinancial Services ombudsman, especiallythe prohibitive nature and potential costof appeal to the High Court where theconsumer was unhappy with a finding, andthe ‘six-year rule’ limiting complaints tothe FSo within six years of the conductcomplained about.

Another pressing concern was theremerging use of Hire Purchaseparticularly as a form of credit for carpurchase. Although a lender must providea written HP agreement, it is not legallyobliged to carry out any checks in relationto the suitability of the agreement for theborrower’s needs or the borrower’scapacity to service it in terms of

affordability. Hire Purchase financecompanies are not regulated by theCentral bank and the bank’s ConsumerProtection Code does not apply to them.

Questions from senators and deputiesattending the presentation mainly focusedon consumer law problems that individualconstituents had presented to theirrepresentatives. The legislators indicatedthey would like to see these issuesanswered and praised the work done byFLAC in putting together the report as atool for potential reform. Deputy AengusÓ Snodaigh said it was clear from thepresentation that some areas need to betightened up, including the remit of theFinancial Service ombudsman, and thatthis was something they could encouragewith the Minister to ensure that change ismade. He pointed out that part of theJoint Committee’s job is to ensure that allombudsman offices have the tools theyneed to work efficiently.

Deputy Richard boyd-barrett asked forsuggestions on how the imbalancebetween the ordinary consumer andinstitutions with substantial resourcescould be rectified; currently there is nodedicated place where the public can go toget help with making submissions, forexample. Paul Joyce cited the lack of adatabase of previous decisions fromFinancial Service ombudsman – whichwould greatly benefit someone looking tomake a complaint – as one obvious way toaddress this imbalance.

L-R: Paul Joyce, A engus O ’snodaigh TD,Noeline Blackwell, Fionn To land outside

Leinster House

• You can download Redressing theImbalance, Executive Summaryand FLAC’s presentation to theCommittee at www.flac.ie

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 44


In County Clare the local community iswell served by the three Free LegalAdvice Centres, located in Ennis,

Kilrush and Shannon. In particular, theEnnis service offers a total of five and ahalf hours of confidential, non-meanstested legal advice to the public for freeevery week. All three locations aremanaged by the County Clare CitizensInformation Service under the direction ofDevelopment Manager Paul Woulfe.

Paul says the need for legal advice locallyis borne out by the statistics: for the firstsix months of 2014, the Ennis Citizensinformation Centre has recorded some448 callers to the FLAC service, out of atotal of almost 8,000 callers to Clare CISgenerally. Paul is based in the very activeEnnis CIC where people who need somelegal help have the choice of attending oneof three separate weekly session, onMonday, Thursday and Friday, with theMonday and Friday clinics on during theday, from 3pm to 5pm.

The Citizens information Centre referscallers on to the FLAC service wherethere is a specific need for legal advice,according to Paul. As Clare is a rural area,many queries involve land or propertymatters, but as elsewhere, there is a hugevariety of legal need among the callers. Inhis view, people are usually seeking a basicunderstanding of the fundamentals of thelegal issue when they arrive at a FLACclinic. While the FLAC service providesadvice and information, the CIC itself canoffer wider services to the public. Thisincludes assistance with representation atemployment or equality tribunals, as wellas talks and information evenings on legaltopics like wills and inheritance, personaldebt or nursing home fees.

As in other parts of the country, the ClareFLAC service depends on the voluntaryefforts of local lawyers, who give up theirtime week in and week out, with everyvolunteer getting a monthly roster from theCIC detailing when he or she is scheduled.And while the service is well covered bycurrent volunteers, Paul is keen to stressthat “Any lawyer who wants to get involvedin promoting wider access to justice locallycan get in touch with us here in Ennis CIC.We are always delighted to have newpeople, especially when they can bring newspecialisms to the FLAC service like familylaw, employment law or litigation.”

Solicitor Caitriona o’Connor has been aFLAC volunteer for about 7 years. She says,“I felt that it was good for me to have anunderstanding of what legal issues peoplewhere coping with in my local area. Iwanted to give something back and to makesure that I never became out of touch withwhat was happening in the real world.”

Inside the Centre: Clare FLAC

L-R: FLA Cvo lunteers

Liam O C onnell,Marina Keane,

shio fra Hassettand James Barron

“We are dealing

with a lot of landlord

and tenant issues.

Also personal debt is

a huge issue, people

are coming in with

letters and notices

from debt collection

agencies. They are

completely at a loss

– they don’t

understand the

system and they are

scared of what might

happen”

L-R: FLA C vo lunteer advisors Liam O C onnell, A nne walsh, Marina Keane, shio fra Hassettand Marie Keane w ith Paul woulfe, Manager o f C lare C itizens Information service

on the kind of issues coming to thecentres, Caitriona says “We are dealingwith a lot of landlord and tenant issues.Also personal debt is a huge issue, peopleare coming in with letters and noticesfrom debt collection agencies. They arecompletely at a loss – they don’tunderstand the system and they arescared of what might happen. I have alsonoticed that debt is also affecting familylaw as some couples cannot afford toseparate. They just do not have the moneyto maintain two households.”

This is echoed by Marie Keane, who hasbeen volunteering “since the FLAC centrein Ennis CIC was set up.” She says “whenpeople had more money they had moreoptions, but now they cannot afford tomove into separate houses. There has alsobeen a change in the definition of familyand what family is - blended families arenow much more common.”

Paul Woulfe feels a very strong relation -ship has been forged between the CIC andthe local legal community due to thefrequency of the FLAC service and thecommitment and enthusiasm of thevolunteers, many of whom are very long-standing. The day-time clinics in particularmean volunteer lawyers get to know moreof the CIC staff, whereas in evening clinicsthe CIC has to provide a receptionistspecifically for that service. Paul notes thatthe administrative job of rostering andproviding a reception service for the cliniccan be time-consuming, especially when asolicitor has to be replaced on a roster atshort notice. However the added-valuethat the FLAC service brings to the CIC’s

range of services on offer to the localcommunity makes the effort very muchworthwhile.

“The FLAC service is well embedded inour CIC and helps make it a one-stop-shop for local people seeking help,”comments Paul. “Also, the fact that theFLAC service is independent, confidentialand non-directive – presenting all theoptions that are possible – seems to bevery important for people.” This is echoedby volunteer solicitor Mairead Doyle.After being involved in her college FLACsociety, Mairead has been engaged withthe FLAC service since its inception inClare including rostering volunteers andclinics. She supports the notion that “thatthe value of a face-to-face experience forpeople cannot be underestimated. A lot ofpeople can just go on the internet and

look up information on a specific issue, buttalking to someone who knows the localset-up and the way that the courts work inthe area is invaluable to people.”

The Clare FLAC service also works withthe local radio station, Clare FM, to air aweekly slot on the ‘Morning Focus’ showthat features FLAC volunteers discussinglegal issues and answering queries. Theshow won a Justice Media award in 2010for its work in promoting access to justice.

one major reason why Paul feels theFLAC service is so vital is down to thecentral role of law in people’s daily lives:

A person needs to get advice ona diversity of legal issues rightthroughout their lives, which cansometimes be very complex. Localcommunity groups working onissues like domestic violence,housing and social welfare alsorefer people on to the service forlegal advice. However Paul saysthat many people hear about theFLAC service based on strongword-of-mouth recom menda tionsfrom other local people who havehad a very positive experiencethere. As Mairead says, “I thinkthat it is very clear that there is aneed for the FLAC services –people just need a direction onwhere they should go and whatthey could do to fix their legalissue.



L-R: FLA C vo lunteers A nn walsh, Liam O C onnell and Marie Keane

FLAC CENTRES IN CO CLARE APPOINTMENT TIMES

ENNIS CICBindon Lane, Bank Place, Appointments: Call 076 1075 260

• Every Monday: 3-5pm • Every Thursday: 6-8pm • Every Friday: 3-5pm

KILRUSH CICFrancis Street, KilrushAppointments: Call 076 107 5310• First and third Tuesday of the

month: 5.15pm - 6.15pm

SHANNON CICUnit 1, The Business Centre,Shannon Town Centre, ShannonAppointments: Call 076 1075 370

• Last Monday of the month:5:15pm - 6:45pm



T he economic environment haschanged drastically in Ireland sincethe recession began in 2008. State

policy measures introduced to cope withthe new challenges of high unemploymentand a passive social welfare system haveresulted in huge societal and structuraldivisions. It is with this in mind that theDepartment of Social Protection (DSP) inconjunction with University CollegeDublin held a week-long workshop forthose involved in designing andimplementing policy on social protectionto look at policy options after theemergence from Ireland’s recession.

Professor Philip o’Connell, Director ofUCD’s Geary Institute, managed theprogramme for the week, which looked atsuch topics as The Welfare State after theCrisis, Unemployment Protection andActivation, Tax and Welfare, IncomeInequality and Poverty and lastly HousingPolicy. The workshop was well attendedby department staff and somerepresentatives of civil society.

The first presentations came from theFiscal Advisory Council and academicsfrom the Geary Institute. These outlinedthe different elements of Ireland’s fiscalobligations under the European fiscalcompact agreements as a background tothe recession. The presentationsexplained how these agreements haveenforced certain expenditure ceilings ongovernment spending within eachdepartment while medium-term targetshad still to be met by 2018, with seriousconsequences for non-compliance.

Tánaiste and Minister for SocialProtection, Joan burton TD, opened theworkshop on the second day, where thetheme for the day focused on activationmeasures for the diverse range ofjobseekers. The Tánaiste spoke about herdepartment’s shift from a passive to amore active social welfare system throughits activation measures. She talked about

the training, education and other schemesthat have been introduced since 2008 andthe consolidation of FÁS inside thedepartment into what is now known asIntreo, a one-stop shop for those whocome on the live register.

The ensuing discussion led to theconclusion that people on the live registerrequire individualised support to movesuccessfully into the labour market.However, unemployed people who arenot on the live register also requiresupport. The fact that they are unable toavail of activation measures makes itdoubly urgent. In reality, however, recentpolicy measures have overlooked thisgroup.

The importance of the interplay betweenthe tax and the welfare systems washighlighted by Donal de buitléir of PublicPolicy and Tom Healy of the NevinEconomic Research Institute. Comparedwith other EU countries, Ireland’s revenuefrom tax is quite low, resulting in lowerfunding available for public services. PayRelated Social Insurance (PRSI) was alsodescribed as a form of tax that could beincreased to create a greater reserve poolavailable for pensions, given our agingpopulation. These options however arepolitically unpopular and unlikely to bechampioned by anyone.

Trends in poverty and inequality werepresented, where it was noted that thoseat-risk-of-poverty in Ireland weresafeguarded through the social protectionsystem by fifty per cent after socialtransfers. The level of deprivation hasincreased steadily throughout therecession and some social scientistsbelieve this is a more accurate picture ofhow society is coping with the austeritymeasures.

The last day of the workshop tackled themuch-anticipated theme of social housing.The day started with a look at the historyof social housing in Ireland. Governmentpriorities during the 20th century in termsof poor investment in social housingrevealed a push on ownership of housesthrough different government incentives.The lack of capital spend in social housingsince the 1980s and even throughout the‘Celtic Tiger’ era was presented as thebackdrop to the current social housingcrisis. It was noted that the policy changeto rely on rent supplement for those inneed of social housing in the last decadealso contributed to the housing crisis.

Finally a researcher from the Central bankpresented statistics on the numbers ofpeople in mortgage arrears and theincrease in different types of restructuringof mortgages being offered to those indebt. Although the bank highlighted thatthose in long-term arrears were still be inthe same situation with their lenders sincethe recession hit, provided with noresolution to the mortgage arrears.

overall the workshop revealed thecomplexity involved in devising socialprotection policy and how governmentdepartments must coordinate with eachother closely to understand properly howdifferent policies interact and impact.Ultimately the conclusion was that peoplemust be put at the centre of socialprotection policy for the challenges facingIreland into the future.

Social Protection Policy under the microscopeat UCD Workshop:

Challenges & opportunities in post-recession Ireland

“Compared with

other EU countries,

Ireland’s revenue

from tax is

quite low”



FLAC reports to UN on economic, social and cultural rights in Ireland

FLAC’s work on coordinating analternative report from Irish civil societystarted with five regional consultations,two of which were thematically based onthe right to social security and the right tohousing, in May. A final round table washeld in Dublin in mid-September whereorganisations provided input into a draftreport. However many organisations fedinto the process by providing writtensubmissions and reports on their relevantareas of concern.

The Parallel Report in Response to State’sThird Report under the InternationalCovenant on Economic, Social and CulturalRights was submitted by FLAC to the UNSecretariat in Geneva on 30 September.The report sets the scene for the UNCommittee on Economic, Social andCultural Rights in explaining the differentsteps involved in the bailout and the fiscalrestrictions it imposes on the State whichat the time ignored any consideration ofhuman rights law in this mechanism.

There are over one hundred recom -mendations laid out in the report,reflecting the vast range of economic,social and cultural rights concerns that theState must address under ICESCR.

While the alternative civil society reportwas submitted to the Committee at theend of September, FLAC plans to officiallylaunch it at the end of November, drawingout the main themes and issues within thereport, to coincide with the List of Issuesannouncement in early December. This

Continued from front page:

t The absence of human rights impact assessments in areas of public spending onhealth, education, housing and social welfare by both Governments since thelast examination under ICESCR is a recurring issue throughout this report.

t The abolition of critical government agencies - with remits in combattingpoverty, racism and discrimination – in conjunction with the divestment fromthe State’s equality and human rights infrastructure supports the argument inthis report that economic, social and cultural rights were undermined by theState.

t Asylum seekers within the system of direct provision feature repeatedlyunder numerous articles of this Covenant for the State’s continuing disregardto a right to work, right to social security, right to adequate standard ofliving with particular emphasis on adequate food and housing and lastly, aright to health.

t Adequacy of public services have been highlighted in terms of levels of socialprotection, which has affected several groups in society such as lone parents,young people under 25, those in overpayments situations, people seeking torent private accommodation and those with families.

t The State’s actions impacted on certain vulnerable groups in society byrestricting access to social welfare payments by introducing new measuresaround habitual residence and rights of residence.

t The all-encompassing right to an adequate standard of living brought theissues of housing, food, water to the forefront. The housing rights issuesspanned from the availability of social housing evidenced from the hugewaiting list of 90,000 applicants, the overuse and inadequacy of rentsupplement in the private rented sector, distressed mortgage holders notbeing provided with solutions, to the homelessness crisis in Ireland.

t A substantial section of the report was dedicated to the right to the highestattainable standard of health and the operation of a two-tier system resultingin human rights concerns around accessibility, affordability and quality ofservices for those accessing the public health system.

t Mental health was highlighted as a major shortcoming within the system aswell as the health inequalities experienced by vulnerable groups such astravellers and older people.

FLA C ’s Yvonne O ’sullivan and IC esC RPro ject Manager sao irse Brady o f theC hildren’s Rights A lliance at the C ork

consultation in May

A ttendees at the final consultation meeting in Dublin on 15 september

Continued on page 8

Themes that emerged during the consultation process:

8



Yvonne O ’sullivan presents to the consultation on housing r ights in May.

list is the basis for Ireland’s examinationnext June by the Committee.

our sincere and deep thanks go to allthose who took part in the consultationprocess, helping to make this report ascomprehensive as possible. only byrevealing the true picture of howeconomic, social and cultural rights arebeing fulfilled on the ground can we holdthe State accountable on how it is meetingits legal duties under ICESCR.

Continued from page 7

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@RealRightsIRL or keep in touch

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Human Rights-based budgets: Tools for civil society analysis –Q&A with Professor Aoife Nolan

Aoife Nolan is Professor of International Human Rights Law at the University of Nottingham. ProfessorNolan has published extensively in the area of human rights and public finance, including human rights-based budget analysis. Relevant books include: “Applying an International Human Rights Framework toState Budget Allocations: Rights and Resources” (Routledge: London, 2014) (co-authored) and “HumanRights & Public Finance: Budget Analysis and the Promotion of Economic and Social Rights” (Oxford:

Hart Publishing, 2013) (lead editor). Her most recent work, “Economic and Social Rights after the GlobalFinancial Crisis” (Cambridge University Press) was published on 3 October.

What is human rights-based budget analysis?

Human rights-based budget analysis(HRbA) is the analysis of budgetarydecisions using a human rights framework.The framework can be international (forexample, using the rights set out ininternational human rights treaties like theInternational Covenant on Economic,Social and Cultural Rights or theConvention on the Rights of the Child) ordomestic (using the rights set out in anational constitution or legislation). Allsuch analysis seeks to determine theimpact of budgetary decisions on theimplementation and enjoyment of humanrights. It is a way of measuring stateprogress (or lack thereof) in meeting itsobligations under human rights law.

Reflecting the breadth of the term‘budget’, human rights-based budgetanalysis practitioners could – and do –focus on a range of different budgetary

aspects; budgetary allocation, expenditure,revenue and international and domesticmacro-economic policy all haveimplications for the enjoyment of humanrights. In practice, however, mostpractitioners have focused on budgetallocations and expenditure.

Given that all human rights have budgetimplications, you could use this analysis inrelation to any right. Take for example theright to a fair trial: human rights-basedbudget analysis could be used to assesswhether a state is taking the stepsnecessary to secure that right through thebudget – for instance, by allocating enoughmoney to ensure there is sufficient fundingfor legal aid to meet existing need. MostHRbA work has been in the area ofeconomic and social rights, however. Thisis for two main reasons. First, economicand social rights tend to be more directlyresource-dependent in nature than civiland political rights. This is reflected in the

wording of Article 2(1) of the InternationalCovenant on Economic, Social andCultural Rights, which requires states toprogressively realise the rights set out inthat Treaty to the ‘maximum extent’ oftheir ‘available resources’. Second, themechanisms and resources necessary toensure civil and political rights are morelikely to already be in place.

Why does human rights-based budget analysismatter?

The budget is essentially the ‘blueprint’ forstate resource allocation and expenditureover a set period; the choices made in thebudget reflect the government’s prioritiesand policy-making agenda. budget inputs,outputs, outcomes and processes play akey role in ensuring the realisation ofhuman rights, but all too often humanrights are ignored by those responsible forformulating and allocating the budget. SoHRbA is an important tool for deter -

Q

Q



mining the extent to which budget aryprocesses and outcomes contribute to –or undermine – the enjoy ment of humanrights.

In Northern Ireland, human rights-basedbudget analysis has been used to evaluatethe extent to which budgeting for socialhousing by the devolved administrationcomplies with the right to adequatehousing. In India and South Africa,advocates have employed HRbA to assessthe impact of budget decision on a rangeof children’s rights. A Mexico-basedorganisation, Fundar, has carried outHRbA in relation to the right to thehighest attainable standard of health.

Human rights-based budget analysis hasbecome particularly important in thecurrent post-crisis context wheregovernments often present resourceconstraints as a justification for failing toensure rights. The financial and economiccrises have led many states, not leastIreland, to makes cuts to social spendingand social protection programmes whichhave had a disproportionate impact onsocially vulnerable groups like children,women and Travellers. HRbA can be usedto provide evidence of this impact and canhence contribute to advocacy aroundbudget decision-making.

So how can humanrights-based budgetanalysis be used foradvocacy?

The way that human rights-based budgetanalysis is used by advocates will varydepending on the political environment,the legal and institutional framework,public interest in budget issues, as well asthe relationships that budget workpractitioners develop with other actorsand stakeholders such as civil society,government and the media. Here, I willhighlight two ways in which HRbA canfeed into processes that are of keyconcern to human rights advocates inIreland and beyond.

States parties to international humanrights law, including Ireland, have toreport periodically on their progress inachieving human rights to internationalbodies mandated to monitor stateprogress on the implementation of therelevant standards. Important reportingprocesses from an Irish perspectiveinclude those relating to the InternationalCovenant on Economic, Social andCultural Rights, the Convention on theRights of the Child, the Disability

Convention and other UN treaties.Ireland also reports to the EuropeanCommittee of Social Rights with regard tothe European Social Charter and theRevised Charter. HRbA can serve toprovide crucial data to enable thosebodies to draw conclusions on thecompliance (or non-compliance) of stateswith the duties imposed on them by thoseinstruments. In turn, those findings can beused by advocates to push for change atthe domestic level.

At the national level, human rights-basedbudget analysis can be used to putpressure on those responsible for puttingtogether and giving effect to the budget.This can be done through its use in pre-budget submissions that seek to informpolicymakers and decision-making orthrough human rights-based analyses ofthe budget once it has been made public.Irish organisations that currently carry outthis kind of work include FLAC andChildren’s Rights Alliance.

If you are keen to startcarrying out humanrights-based budgetanalysis work, whereshould you look forinformation?

The first step is to look to the growingrange of guidance on how to carry outsuch work. Key examples include work byIHRIP (right to education), Food &Agriculture organisation (right toadequate food) and HAQ Centre for ChildRights. Examples of case studies andguidance are provided in a paper by theQueen’s University belfast budget AnalysisProject. Closer to home, on 8 october

Amnesty Ireland is set to release animportant publication on applying Ireland’seconomic, social and cultural rightsobligations to budgetary policy.

A few words of warning: there are anumber of practical and logistical chal -lenges facing practitioners doing humanrights-based budget analysis. These chal -lenges are certainly not insur mount able.Rather, they should be borne in mindwhen deciding if – and how – to carry outhuman rights-based budget analysis.

First, there are frequently challenges interms of accessing budgetary data; suchdata may be inaccessible or may not berecorded, collated or disaggregated insuch a way as to enable human rights-based budget analysis. If appropriate dataare not accessible or in existence, thenserious thought needs to go into how suchdata can be accessed or produced.

This links to the second challenge:capacity. Few human rights experts have astrong grasp of the tools of economicanalysis and vice versa. While humanrights-based budget analysis expertise onthe part of human rights advocates isgrowing, skills development remain acrucial issue for those hoping to carry outsuch work. Indeed, the potential forHRbA to become more widespread iscurrently limited by a shortage of trainingopportunities, human and otherresources, and time. It is important thatthose keen to take on HRbA recognisethe level and kinds of expertise required.A lack of capacity will directly impact onthe quality of the work produced (and, asa result, its usefulness in terms ofadvocacy aims). Addressing this challengemay involve the strengthening of in-houseskills with the assistance of internationalbudget analysis experts and/or thedevelopment of partnerships with existingeconomics think-tanks who can performthe relevant analysis. This latter approach– while attractive in many ways - may inturn result in the need to bridge any gapsthat may exist between the aims,terminology and methodologies of humanrights advocates and economists.

Human rights-based budget analysis workenables advocates to speak to economicpolicy-makers on their own terms and intheir own language. As such, it offersimportant opportunities to advancehuman rights in settings and to audienceswhere such language and concepts havehistorically been marginalised or absent.

Q

Pro fessor A o ife No lan

Q

H ow can we as a country ensurebudget decisions are fair andaccountable? FLAC is proposing a

method which could help achieve this goal:using human rights indicators in budgetdecisions and processes. FLAC’s Yvonneo’Sullivan outlines FLAC’s proposals inthe area and looks forward to an event on16 october that will showcase humanrights tools to analyse the impact ofbudget 2015.

Every year social justice organisations sendtheir pre-budget recommendations to theDepartment of Social Protection andsome, including FLAC, get invited toparticipate in a pre-budget forum. This isan opportunity to meet department staffand present concerns and recom -mendations that we hope might inform theDepart ment’s budget proposals. Gener -ally, however, it is hard to know to whatextent all these well researched sub -missions are actually considered by theDepartment and, more importantly, by thefour members of the Economic Manage -ment Council, who draft and finalise thebudget.

This worry highlights just one of theshortcomings within the currentbudgetary process – that of inadequateconsultation. This year, however, theMinister for Social Protection, Joan burtonTD, in her role as Tánaiste, has directinput into the decisions of the EconomicManagement Council. Given herdepartment’s responsibility for theprotection of low-income households, wecan only hope this unprecedenteddevelopment will mean good news forvulnerable groups on budget Day, 14october.

but we might well ask, is there a morereliable and fairer way to ensureGovernment produces a budget that iseven-handed and not disproportionatelyharsh for any group? Since 2009, FLAC hasadvocated for a human rights approach tobudgeting. This uses the existing body ofhuman rights law and principles to addressthe across-the-board lack of consultation,transparency, accountability and minimumcore standards in the State’s budgetaryprocesses and decisions. There have alsobeen many and consistent calls to equality-proof the budget, as happens in Scotlandand other jurisdictions. Equality-proofing isalso part of the human rights approach tobudgeting; impact assessments across allgroups in society must be carried by eachdepartment before final decisions are

made to prevent disproportionate effects.

Key human rights principles in thebudgetary processes include a level ofparticipation from civil society that isvalued by the state and that is evidentlypart of the budgetary decision-makingprocess. A more trans parent processwhich allows all people to understand howand why budget decisions are made couldonly inspire greater public confidence inthese decisions.

The international human rights treatieswhich Ireland has signed and ratified makeit clear that for any human right to be fullyrealised by a State, that State must makethe right affordable, accessible andadequate for all. With this in mind FLAC isco-ordinating a civil society post-budgetevent on 16 october. The event will lookin particular at using human rightsindicators to analyse budget 2015 bymeans of a survey of organisations on theimpact of the budget on theirconstituencies from a human rights

perspective.

The seminar will include a panel of humanrights law experts, a presentation of thesurveys completed by participatingorganisations and will conclude with anopen discussion forum where participantscan raise concerns about the budgetdecisions and processes in Ireland. This isa good opportunity for civil society groupsto join forces and hold the governmentaccountable for the decisions they havemade, in line with Ireland’s legal humanrights commitments.

t More information on the post-budgetCivil Society event is athttp://bit.ly/fairbudget2015

t FLAC’s human rights budgetingbriefing is at http://bit.ly/HRbAbriefing

t FLAC’s Pre-budget Submission is atbit.ly/PbS2015



A fairer society using human rights budgeting

Save the date: Dave Ellis Memorial Lecture 2014

FLAC is delighted to announce it will hold the 8th Dave Ellis MemorialLecture on 1 December this year. We have been lucky enough to have hada collection of wonderful speakers address the issue of access to justice forthis annual event, and this year will be no exception.

Our orator this year will be US human rights champion and anti-povertyactivist, Bryan Stevenson. A public interest lawyer of international standing,Bryan will no doubt captivate an Irish audience – his TEDx lecture is themost downloaded of that series at more than 2 million hits and counting!

Keep Monday 1 December free in your diary for this not-to-be missed occasion!

"bryan Stevenson at TED 2012" by James Duncan Davidson


F O C U S O N F L A C V O L U N T E E R I N G :

FLAC Student Societies off to fresh-er start

Deadline for FLACVolunteer Awards

nominations

We are inviting all Citizens Informa tionCentres and FLAC volunteers tonominate volunteers who provide freelegal advice at local Citizens InformationCentres FLAC clinics. All volunteerswho have volunteered regularly andcon tinuous ly for at least the past 3 yearsare eligible to receive the award.Recipients will be named on our Roll ofHonour and receive a certificate and agold FLAC lapel pin.

The Award Ceremony will be held on 1 December at our annual Dave EllisLecture in Dublin. For those who can’tmake it to the ceremony, thenominating Citizens informa tion Centrewill receive their awards in the post.

t More information in the pastissue of FLAC News online athttp://bit.ly/1ohGvLU

t Please don’t forget to send yournominations to us [email protected] by 14 November 2014.

T he College and University FLACSocieties have launched into theirnew academic year and the new

committees are being kept busy. MostFLAC Societies filled their Septemberspreparing for the Clubs and Socs days tosign up for their new members. FLAC’sVolunteer & Centres Manager ZséVarga visited Dublin City University onClubs and Socs day and Trinity CollegeDublin during Freshers’ Week. With thesupport of the student societies, FLAChas produced a special ‘FLAC StudentSociety’ badge for distribution for theSociety members in all the colleges.Look out for the new badges from Corkto Letterkenny and from Galwaythrough Carlow to Dublin! DC U Flac society L-R: Kelly O 'Brien, Joanne Morgan, Keevena Hackett and Kaleb Honer

Massive thank-you to FLAC Summer Squad ‘14

FLAC would like to thank all those volunteers who signed up to our

volunteer “Summer Squad” and enabled us to run the legal advice

centres during the holiday months. Thank you to all those lawyers and

assistants who have given so much extra time and stepped in at the last

minute or even volunteered for extra sessions over the Summer.

Since our establishment in 1969, FLAC has depended on the dedication

and the efforts of its volunteer lawyers to provide legal advice and

information through the advice centres to those most in need. We are so

grateful for the immense help you give. We had a great summer of legal

support for the public thanks to you!

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 4 11

TC D FLA C society – L-R: Fergal McC onnon,Gary Hansell and Deirdre Moore

Get your badge from your FLA C society


P ILnet: The Global Network forPublic Interest Law will hold itseighth 2014 European Pro bono

Forum from 5 to 7 November in London.The Forum has played a major role inbuilding support for pro bono across thecontinent and around the globe. bybringing together a growing communitythat recognises the urgent need for probono work—leading figures from lawfirms, corporations, bar organisations,NGos and law schools—the event offers asetting where participants can explorehow they can most effectively collaborateto address critical issues of social justice.

The event, which will be held in theMermaid Conference & Events Centre inblackfriars, includes interactive workshops,

social events and structured networkingopportunities. These will allow attendeesto gain insight into the pro bonocommunity and forge alliances that canhelp deliver justice and protect rightsaround the world.

The 2014 Forum will focus on real-world

tools needed to run a successful pro bonoprogramme, projects for in-house counsel,Roma rights and the use of technology topromote change. Local, European andglobal concerns in the application of probono will be on the table and the winnersof PILnet’s prestigious European Pro bonoAwards will also be announced. TheForum will run as a central event of theUK-wide National Pro bono Week, whichthe organisers see as an opportunity tocelebrate and encourage the contributionslawyers make, free-of-charge, to people inneed of legal help.

To register for the conference, you shouldvisit probonoforum.eu . Fees range from£150 for NGos to £500 for large firms.

PUBLIC INTEREST LAW ALLIANCE

U P D A T E


International forum offers huge opportunity to develop pro bono

sinead smith o f A &L Goodbody detailshow the firm’s invo lvement in pro bonowork through PILA led it to participate inPILnet’s inter national conference last year.

As Corporate Responsibility Manager inA&L Goodbody, part of my remit is themanagement of the firm's pro bonoprogramme. We genuinely believe thatour lawyers have a professionalresponsibility to use their time and skillsfor the benefit of those who cannot affordlegal services.

In the last number of years, our pro bonoprogramme has grown substantially bothin providing free legal advice to ourcharities and community partners but alsoin the area of public interest law.

We have been on the Public Interest LawAlliance (PILA) register for the last twoyears and it was through PILA that weformed a partnership with the IrishRefugee Council's (IRC) Independent LawCentre in support of refugees seekingasylum in Ireland. The project involvesA&LG lawyers advising and representingIRC Independent Law Centre clients, on apro bono basis, in the first interview stageof the asylum process into Ireland.

We have received overwhelming interestfrom our lawyers to support this initiative.

As refugee law is not a practice area wespecialise in, our lawyers are not onlyhelping those who are extremelyvulnerable in society but are alsobenefitting from getting trained in a newarea of law.We recognise that although pro bono inIreland is becoming an established part ofthe legal practice of solicitors andbarristers, there is much scope fordevelopment. We are eager to learn fromother European and International firms. byattending the Pilnet pro bono forums, wehave been given the opportunity toconnect with firms that are demonstratingbest practice in pro bono work. Theforums have also provided us with a greatopportunity to hear from NGos inrelation to what really works for them andthe global impact that pro bono work ishaving on society.This combined network of law firms, probono heads, CSR managers and NGos hashelped us immensely in shaping anddeveloping our own pro bono culture andpolicies. It also gives us a platform to share andprofile the pro bono programmes we areworking on and last year Eamonn Conlon,partner in charge of Corpor ateResponsibility, here in A&L Good body sat

on a panel with Polish and Americanlawyers discussing the mecha nics andchallenges of institu tiona lising a pro bonopro gramme with in a law firm. We have benefited hugely from attendingthese forums and are looking forward toattending the upcoming event in London inNovember. We are ambitious about whatwe want to achieve through pro bono andwant to be part of the collective objectiveof building pro bono culture in Ireland andglobally.

A &L Goodbody won the excellence inC ommunity Vo lunteer ing A ward in C orporate

social Responsibility (C sR) at the 2014C hambers Ireland C sR A wards fo r its ‘step

Up’ programme. L-R: Ian Talbot, C e o fC hambers Ireland; sinead smith, G oodbody

C orporate Responsibility Manager; A lan Kelly,TD Minister fo r environment, C ommunity &

Local G overnment.

Case study: Developing pro bono in Ireland through international forums



F O C U S O N P I L A

Eithne Lynch, PILA Legal Officer

E ithne Lynch joined the PublicInterest Law Alliance (PILA ) inoctober 2013 as Legal officer. She

is a graduate of UCD, completing both herbCL undergraduate degree and hermasters in international business andcommercial law there. Eithne trained as asolicitor in Matheson ormsby andPrentice and worked there as a practisingsolicitor for several years.

Throughout this time Eithne volunteeredwith FLAC in various centres aroundDublin. Her volunteer work in thesecentres made a profound impact on herpersonally and professionally: “I think itdevelops your client care skills, your ownpersonal life skills, by just having theopportunity to sit down with a member ofthe public and finding out about the issuesthat people are dealing with on a day today basis. You defiantly expand access tojustice by sitting down with people andgiving them some time and advice.” Eithnesays that her involvement with FLAC wasalways at the back of her mind and shebegan to think of a career in the NGosector.

In 2011 Eithne travelled to Tanzania towork with the Tanzanian WomenLawyer’s Association (TWLA). TWLA is aNGo which has been set up to work withvulnerable women and children and topromote equal access of rights byproviding free advocacy and education togroups and individuals. Eithne worked on aproject that set up a hotline which womencould ring to get access to a lawyer. Sheorganised funding for the project and

oversaw getting it off the ground. Thesewomen where often victims of domesticviolence so the helpline meant that theydid not have to account to their husbandsfor leave their homes but could still toaccess help.

From Tanzania, Eithne travelled to Malawito work on an Irish Rule of Law projectthere. Eithne has always been involvedwith the Irish Rule of Law and hadpreviously travelled to South Africa withthem to deliver workshops on commerciallaw to lawyers from historicallydisadvantaged backgrounds. In Malawi,Eithne delivered front-line legal services insome very disadvantaged areas. She alsodeveloped a programme for youngchildren in the criminal justice system.They developed a 12 week after-careprogramme for these children aimed atensuring they would never re-enter thecriminal justice system again. For Eithne,

this programme reinforced her passionand belief in public interest law, as she wasworking with both charities andgovernment stakeholders to better equipthem in using the law effectively. She says,“for me it feels like I have really come fullcircle here in PILA, as I am again workingwith NGos, helping them to identify legalneeds and how to use public interest totheir advantage. My time in Africa hasmade me more humble and patient, youlearn to have a much greater awarenessthat you do need to challenge injustice.You come home with a renewed sense ofempowerment”.

Eithne sees PILA as an incredibly powerfulplayer in terms of public interest law - ahub for both legal professionals andorganisations. She views her role as tryingto show legal professionals that they havea role in instigating change, that there ismore to achieving change then donatingmoney, they can also actively help throughtaking public interest cases or aidingNGos with their own legal issues. “PILAand public interest in general can still beconsidered to be in its infancy but I thinkthat we are defiantly at the epicentre ofsomething fantastic. I think it provides anincredible service for NGos who get aninsight into, really the more incrediblelegal minds in the country”.

In Eithne’s view, PILA is a connectionbetween many important stakeholders.This connection is vital to continue thegreat strides that public interest law hasmade and will continue to make in thefuture.

PILS Project NI hosts roundtable discussion on protective cost orders

The PILS Project NI was set up in2009 to advance human rights andequality in Northern Ireland through

the use of and support for public interestlitigation in Northern Ireland. on Friday19 September PILS held a roundtablediscussion on the topic of protective costorders. This kind of court order limitscosts liability in public interest litigation.Chaired by PILS Chairperson GerryHyland, the panel of speakers includedRichard Stein of Leigh Day SolicitorsLondon and Michael Potter bL.

Richard Stein discussed the seminalCornerhouse case, in which the UK HighCourt developed criteria for the grantingof protective cost orders. Michael PotterbL discussed the current landscape inNorthern Ireland, drawing from hisexperience in the JMCA case in which MrJustice Treacy made a protective costorder in favour of the applicant.Throughout this case, PILS providedfinancial support to the applicant at bothleave stage and on appeal.

Earlier this year, Mr Justice Gerard Hogangranted Ireland’s first protective costorder in the case of Max Schrems v DataProtection Commissioner. Mr JusticeHogan granted the order in favour of MrSchrems, which caps the amount ofexpenses he will be liable to pay at€10,000.

Learn more about PILS NI atwww.pilsni.org/



Community Law & Mediation,originally known as Coolock Com -munity Law Centre, was established

by FLAC in the Dublin suburb of Coolockon 1 April 1975, as Ireland’s first inde -pendent, community-based Law Centre. Itoriginally served as a prototype of theNeighbourhood Law Centre that couldunderpin a Civil Legal Aid Scheme and berolled out across the country. It operatedon a model combining a service-based witha strategic approach by campaigning for lawreform and providing information andeducation on legal matters, as well asservicing individual cases. matters, as well asservicing individual cases.

by 1979, the Law Centre had becomeindependent from FLAC and a locally basedmanagement committee was set up. overthe years, services were expanded toinclude Law Reform work and CommunityEducation, aimed at addressing issuesidentified in casework. In 2003, its namechanged to Northside Community LawCentre to reflect the widening in itscatchment area to include the two electoralconstituencies of Dublin North Central andDublin North East. This expansioncontinued with the establishment of amediation service, Mediation Northside, in2004 and the first Community Law Centreoutside Dublin, Limerick Community Lawand Mediation Centre, in 2012. Theorganisation’s most recent name changemore accurately reflects the expandedrange of services offered, which in turn ismatched by the growth in demand forservice. In 2013, CLM directly helped 3,503people through its various services

Services: over the last 39 years, theorganisation has evolved to include a rangeof services at local and national levels.

1. Community Law Centres: CLMNorthside & CLM Limerick: CLMoperates two Community LawCentres, CLM Northside and from2013, CLM Limerick. A CommunityLaw Centre is a non-profit organisationwhich works to reduce and removebarriers to the law, on the basis that allpeople should be able to access basiclegal information and advice regardless

of income and background.

Each Law Centre provides legal adviceon all areas of law through free drop-in advice clinics. They offer legalrepresentation and advocacy, includingCourt and Tribunal Representation, inareas of law not covered by the state-funded civil legal aid scheme. EachCommunity Law Centre is limited bycatchment area, with CLM Northsidecatering for Dublin North Central andDublin North East and CLM Limerickcatering to people living in com -munities identified for regenera tion inLimerick. Each Law Centre makesreferrals as appropriate to theMediation Service; on a more strategicnational level, they feed into the policy,education and resource work ofCommunity Law & Mediation.

2. Mediation: The Mediation Service wasestablished in 2004 to address theneed for an alternative disputeresolution process at community level.over the years, it has expanded fromfamily law issues to include conflict

coaching and mediation in areas suchas elder mediation, sibling disputes,workplace disputes and grandparentvisitation. The mediation service helpspeople to take control of their lives byresolving disputes themselves,complementing the legal service as analternative dispute resolution processwhen a more court-oriented approachis not appropriate.

3. Community Education: CommunityLaw & Mediation aims to empower thelocal community, through free “KnowYour Rights” courses on areas of lawlike debt, consumer rights, employ -ment, family, wills and probate. Inaddition, CLM runs FETAC-accreditedcourses on issues such as family lawand employment law as well as pro -viding in-house, tailored training forcommunity organisations.

4. Law Reform: Through its legal adviceand casework, Community Law &Mediation is kept informed of lawreform issues facing the community.This in turn informs our policy work,

Introducing Community Law & MediationA new structure with a long history in providing legal supports to the community

Rose Wall, CLM Chief Executive Officer, outlines the organisation’s past, present and future.

A ttendees at a C LM ‘Know Your Rights’ community event in 2013

Northside staff w ith local TD and Minister fo r Jobs, enterprise & Innovation, Richard Bruton,March 2014

which includes legislative sub mis sions,law reform campaigns and round tablediscussions.

5. Resources: Community Law andMediation pro vides a number ofresources to both individuals andcommunity organisa tions. These include

t ‘C asebase’, the only database of SocialWelfare Appeals decisions in theRepublic of Ireland. It was commencedin 2006.

t The Ir ish C ommunity DevelopmentLaw Journal is published biannually andaims to offer an insight into how toaddress issues of social inclusion.

6. Community Support & MembershipCLM provides support to other com -munity and advocacy bodies through

its membership scheme, the benefitsof which include legal advice on issuesaffecting the member organisation’sservice users.



C LM staff at the launch o f Limerick C ommunity Law and Mediation C entre in 2013.

40th anniversary celebrations in Tipperary CICTipperary Citizens Information Centrecelebrated 40 years of service to thecommunity in June. A variety of eventswere held in celebration, with the mainoccasion being held in Tipperary EXCELCentre. Former CIC volunteers andmembers, community representative, andorganisations that work closely withTipperary CIC were in attendance.Noeline blackwell, Director General ofFLAC, and herself a former volunteerwith Tipperary CIC in its early years, wasdelighted to be at the celebrations. Shewas also thrilled to launch a com -memorative booklet which con tained awonderful photographic col lection offorty years of service by the extremelydedicated team of volunteers and staff.

Guest speakers at the event includedToni Gleeson, Chairperson of Co.Tipperary CIS, and Geraldine Cullen,Training Services Manager with theCitizens Information board. CIC foundingmembers Pat Myers and Tom Fitzgeraldwere honoured at the event for theirtireless service.

Around 800 pupils from the threesecondary schools in the town were alsotreated to a presentation on the historyof the CIC in Tipperary. Pupils had beeninvited to submit essays on "The Role ofthe Citizens Information Centre in aDigital World" and the eventual winnersCaitlin byrnes and Katie Quirke wereinvited to read out their essays to theassembled guests.

Katie Quirke – 5th year student, St. Anne’s Secondary School,

The availability to call or visit the CitizensInformation Centre is remarkable, whereelse can one gather information on sucha broad range of public and socialservices? It is such a comfort and relief toknow that we have such confidential andwell educated people available to answerthe questions of the citizens of Ireland. Ihave total faith in this service to be at theother side of the phone at my time ofneed, or to greet me with a smile when Iwalk into the centre. It is inevitable thatthere will forever be a place for thisservice, regardless of digital development.Money cannot buy such assurance that isreceived from the service of the CitizensInformation, and the beauty is that youdon’t have to – it’s free!

Caitlin Byrnes – 2nd Year Student, St Anne’s Secondary School

In this changing world, the CIC hasembraced digital advances and has anexcellent, user-friendly site. Their siteoffers information for people of all ages,backgrounds and nationalities, onsubjects ranging from college applicationsto health, environment, social welfare andconsumer affairs to name but a few.

However, the CIC also recognises thatthe digital world is not a place that isreadily accessible to all. Technology canbe expensive and many people are notcomputer literate. Privacy of personalinformation is also an issue with examplesof hacking and security breaches.Information on some sites can beunreliable, misleading and actually justwrong! Ironically, the CIC’s outstandingwebsite cannot reach everyone whomight need their services! Therefore, theCIC maintains local offices and telephoneenquiry lines to bridge the gap that iswidening between those who can accesstechnology and those who cannot, as thedigital world expands. People can hear afriendly voice on the end of the phone,and of course, you can sit opposite atrained employee or volunteer in anoffice, getting that valuable “humantouch”. When was the last time yourlaptop understood your body language,listened to you, or simply smiled afriendly smile?

C ompetition w inners Katie Q uirke and C aitlinByrnes are pictured w ith Geraldine C ullen,

C IB Training Manager, FLA C ’s NoelineBlackwell and Toni G leeson o f T ipperary C Is.

l For more info and news seewww.communitylawmediation.ie

Many will know FLAC as anational organisation whichprovides legal information and

advice through a telephone informationand referral line and through a networkof legal advice centres throughoutIreland. Many might know us also for ourcampaigning work for law reform inparticular areas of law, such as access tocivil legal aid, social welfare law and debtand consumer credit law.

FLAC has been helping people in Irelandfor more than 40 years under ourmission to promote equal access tojustice for all. Unfortunately, due to theeconomic recession, our services areneeded more than ever. However,funding cuts means that to continue this

important work, we are now embarkingon a fundraising drive. our income atpresent is derived from a number ofpartners including statutory, philan -thropic and from the legal professions.

We are seeking the help of friends andsupporters on a new ‘Friends of FLAC’programme to secure support for ourwork providing information, advice,advocacy and representation to peoplewho need help to vindicate their rights.

The ‘Friends’ programme seeks toconnect supporters of FLAC’s workwho can donate €250 per year on anongoing basis. There will also be anoption for students / trainees / to con -tribute €100 per year. by becoming aFriend of FLAC, you are supporting a

vital service and ensuring that FLAC cancontinue to be a voice for the voicelessin Ireland.

Look out for details of the ‘Friends’programme in the next issue of FLA CNews – we hope you will join the FLACfamily and support our work for accessto justice in Ireland!



For some groups, accessing civillegal aid in Ireland – an alreadytough prospect – can be even

more daunting due to their particularcircumstances. on Monday 8 Sept -ember, a FLAC group travelled toRoscrea, Co Tipperary to hold aworkshop on civil legal aid, organised inconjunction with the local ASCENDDomestic Abuse Service. ASCEND hasseen increasing numbers of people withEnglish language difficulties attemptingand struggling to use the civil legal aidsystem, compounded by low income andlack of awareness of local systems.

The workshop saw attendees fromCitizens’ Information Centres aroundTipperary, Mental Health Services, theMoney Advice and budgeting Service(MAbS) and solicitors from the Legal Aidboard.

FLAC Director General Noelineblackwell presented the workshopalongside Legal Aid Interns ColumbFortune and Elizabeth o’Malley. Theiraim was to provide an introduction tothe system of civil legal aid in Ireland,covering how to qualify, how the legalaid contribution is calculated and cur -rent issues in legal aid, such as the recentincrease in contribution fees for legalrepresentation, areas of law not coveredby the legal aid service, and long waiting

times. Columb prefaced the talk bysaying that the Civil Legal Aid board is“under resourced and under-funded.”

Attendees discussed their interfaces withthe legal aid system and areas in whichthey encountered problems. one maintheme that emerged was how access tojustice is affected by long waiting timesfor appointments with a legal aid lawyer.In Tipperary alone, there are currentlyfour lawyers serving a catchment area ofover 150,000 people – and this wasconsidered relatively good whencompared to other civil legal aid offices.The current average waiting time for afirst consultation is 6 months, with asecond appointment taking on average afurther 7.5 months. The waiting times atdifferent law centres vary from 6 weeksup to 70 weeks.

Not only is this hugely frustrating forclients, often acting as a deterrent forthem in taking cases further, but this hasalso had an impact on their access tojustice. Attendees noted that somejudges refused to grant adjournmentsgiven the long waiting periods, forcingclients to represent themselves in caseswhich were often very complex. Lastyear, 17 of ASCEND’s clients decided torepresent themselves in court, includingfour clients who were not proficient inEnglish.

Last year’s increase in the minimumcontributions for legal advice (from €10to €30) and legal representation (from€50 to €130) has also had an impact.While waivers may be granted in casesof undue hardship, the guidelines as towhat exactly qualifies as ‘hardship’ arevague. Applicants can also seek to havetheir contributions accepted in a seriesof instalments. FLAC are calling formore transparency regarding fees, andspecifically for clear guidelines as to whatconstitutes ‘undue hardship’.

other issues raised during the questionand answer session included the possi -bility of introducing automatic waiversfor victims of domestic abuse; wideningthe scope of civil legal aid to includethose who may lose their homes(currently excluded under the Civil LegalAid Act 1995); and the ability to for theCivil Legal Aid board to collect their feesfrom the sale of the family home, evenwhere the money is then used topurchase another home.

FLAC is very grateful to Rabiya Ali fromASCEND for organising the workshop.We also thank bernadette Green fromNenagh Legal Aid Centre, who provideda useful perspective on civil legal aid atthe event.

t FLAC’s guide to Civil Legal Aid is at:Bit.ly/CLAguide2014

Tipperary civil legal aid workshop highlights severeshortcomings in system

“Friends of FLAC” programme to raise much-needed funds

Documents

Flac news autumn 2014 web