Flac news octdec 2015

flacNewsI S S N 0 7 9 1 4 1 4 8 l V O L U M E 2 5 l N U M B E R 4 1 2 0 1 5

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

FLAC was delighted to welcome ourown Senior Solicitor Michael Farrellto give the 9th Annual Dave Ellis

Lecture on 3 December. Michael is aninternationally recognised human rightsactivist, lawyer, journalist, author andlecturer, and has been working with FLACfor more than ten years. As Michael wasset to retire from his FLAC at the end ofthe year, his address was particularlyimportant and poignant.

This year’s lecture again took place in thePillar Room of the Rotunda hospital, andwas attended by over 300 people,

including colleagues in the legal sector andfrom various NGOs, members of thejudiciary, current and former FLAC staffand friends and former colleagues ofMichael. In his lecture, which focused on‘Using the Law to Secure Social Justice’,Michael reflected on Ireland’s relationshipwith human rights and the opportunitiesfor change and improvement.

Michael began by remembering the lateDave Ellis, whom he had known from theirinvolvement with the Right to Remarrygroup which campaigned for a ‘Yes’ vote inthe 1995 divorce referendum. In particular,

Michael welcomed Dave’s wife Sarah andhis son to the lecture.

Michael also spoke about his impendingretirement, thanking all FLAC staff, pastand present, for their hard work. Reflectingon his time with the organisation, hehighlighted a number of key moments,including the landmark case where herepresented Dr Lydia Foy as she fought forthe right to have her true genderrecognised by the State. Lydia was in theaudience and proudly displayed the long-sought birth certificate for all to see.

Using the Law to Secure Social Justice:Michael Farrell delivers FLAC annual lecture

Continued page 4

Phot

o: D

erek

Spe

irs

flac News | Vol. 25, No. 4

Using the Law to Secure Social Justice:Michael Farrell delivers FLAC annuallecture 1 & 4-5

Lydia Foy becomes first transgenderperson to receive European Citizen’sAward 2

FLAC policy round-up 3

Department of Social Protection tolaunch review into lower social welfarepayments for under-26s 6

Changes to landlord & tenant law comeinto effect 7

Facing up to the future — FLAC’selection briefing for candidates 2016 8-9

PILA update: 10-11

Oireachtas Justice Committee hearsfindings from public interest law seminarseries 10PILnet Pro Bono Forum focuses onrefugee crisis 10Pro bono in action: St Vincent de Paul(SVP) and McDowell Purcell produceenergy efficiency research 11

Justice delayed is justice denied: Legal Aid Board Annual Report 2014 12

Child Care Law Reporting Project: final report 13

International Volunteer Day and FLACVolunteer Golden Pin Awards 14

Focus on FLAC: Jo Kenny, FLAC Council 15

Goodbye to FLAC colleagues 16

Make a New Year’s Resolution – join the Friends of FLAC 16

Launch of report on clinical legal actionin Ireland 16

FLAC News is published quarterly byFree Legal Advice Centres Ltd., 13 Lower Dorset Street, Dublin 1.Editors: Yvonne Woods & NoelineBlackwell.

Contributors: Noeline Blackwell, Emer Butler, NaoiseDuffy, Emma Foley, Ciarán Finlay, EithneLynch, Rachel Power, Eamonn Tansey, KatieTimmins, Zsé Varga, Yvonne Woods

Photos:FLAC, Derek Speirs

Layout & Print: Printwell Design, D3 www.printwell.ieISSN 07914148

The views of individual contributors donot necessarily represent the views ofFLAC.

2 F L A C N E W S l O C T O B E R – D E C E M B E R 2 0 1 5

Lydia Foy becomes firsttransgender person to receiveEuropean Citizen’s Award

in this edition...

FLAC team in Brussels for award ceremony – L-R: Yvonne Woods, Michael Farrell, Lydia Foy, Rachel Powerand Catherine Hickey

After receiving a Medal ofHonour at a ceremony in Dub -lin in September, Dr Lydia Foy

became the first transgender person toreceive the prestigious Euro peanCitizen’s Award at the European Parlia -ment in Brussels on 14 October 2015.

Dr Foy was chosen by the EuropeanParliament in recognition of her coura -geous and long-fought campaign to haveher true gender recognised by the IrishState. Dr Foy’s 22-year legal battle toobtain legal recognition of her truegender, throughout which she wasrepresented by FLAC, led directly tothe passing of the Gender RecognitionAct 2015. This Act allows transgenderpeople in Ireland to amend their birthcertificates to reflect their true gender,and puts Ireland at the forefront of pro -gressive nations on transgender rights.After receiving the very first GenderRecognition Certificate issued, Lydiawas finally able to get her long-soughtamended birth certificate in September.

The only Irish recipient this year, Dr Foywas presented with the Citizen’s Awardalong with 47 others from various EUcountries by Vice-President of theEuropean Parliament, French MEPMdme Sylvie Guillaume, at a ceremonyheld at the European Parliament inBrussels.

FLAC Senior Solicitor Michael Farrelland other FLAC staff accompaniedLydia to Brussels, as well as members ofher family and representatives fromTransgender Equality Network Ireland

(TENI), a group which ran an extremelyeffective awareness-raising campaign forTrans recognition alongside Lydia’s case.

Mr Farrell reflected that the award wasa fitting tribute to Lydia’s courage andpersistence for the last 22 years. “LydiaFoy had fought a lonely battle to save anew generation of Trans people fromthe hardships suffered by her genera -tion,” he said. “The award is also anacknowledgement by the EuropeanParliament of all those who hadcampaigned for LGBT rights in Irelandfor so many years and who had this yearset an example of tolerance anddiversity for our European partners.”

During their time in Brussels, the FLACstaff visited the offices of ILGA Europe,where they discussed the Irish campaignfor transgender recognition and itshugely successful outcome. They alsomet with a number of MEPS and theirrepresentatives – including Lynn Boylanand Martina Anderson of Sinn Féin, whowith other Sinn Féin MEPS hadnominated Lydia to receive this honour– at the European Parliament to speakabout Dr Foy’s lengthy legal case.

Dr Foy said she was honoured toreceive the award, remarking that “I feelnow that with the endorsement ofEurope and the endorsement of Ireland,I can say yes, maybe I was doingsomething right for the good of people,for access to the law and for futuregenerations when it comes to diversity.Hopefully we’ll have a more open mindand won’t be marginalising anybody.”


F L A C N E W S l O C T O B E R – D E C E M B E R 2 0 1 5

Submission to the Department ofPublic Expenditure and Reform onProposed Principles to Guide PublicEngagement on Policy and ServicesDevelopment (October 2015)

In late July, the Department of PublicExpenditure and Reform published a setof draft principles to guide public

engagement on policy and servi cesdevelopment. The Depart ment stated thatthe new guidance document would “replaceand update” the current guidelines whichdate from 2005.

The Government committed to up datingthe 2005 guidance in Ireland’s first OpenGovernment Partnership (OGP) NationalAction Plan. OGP is a global initiative,launched in 2011, to promote more openand transparent govern ment.

FLAC’s submission noted that the originalguidance dating from 2005 is far moredetailed and practical com pared to itsproposed successor. With this in mind,FLAC recom mended that the draftguidance build and improve on the 2005guidelines and that human rights principlesunderpin the guidance document. FLACrecommended that all those who aredirectly affected by policy decisions beafforded the oppor tunity to meaningfullyengage in consultations, that civil societybe allowed to participate at all stages ofpolicy-making in an open and accessiblemanner and that the guid ance documentbe placed on a statutory footing.

The Department has stated that it iscurrently considering the more than 50submissions it received.

Universal Periodic ReviewSubmission (November 2015)In advance of Ireland’s second examinationunder the Universal Periodic Review(UPR) mechanism, FLAC drafted a sub -mission to the Office of the UN HighCommissioner for Human Rights (OHC -HR). This submission will feed into asummary of all the submissions receivedby the High Commissioner, which will bepublished before Ireland’s review.

FLAC’s submission touches on a widerange of issues, including ratification of theOptional Protocol to the InternationalCovenant on Economic, Social andCultural Rights, the incorporation of

economic, social and cultural rights intodomestic law and the introduction ofhuman rights and equality impactbudgetary assessments across allGovernment departments. Otherconcerns highlighted in the report relateto the civil legal aid scheme, social welfare,lack of legal supports for those inmortgage arrears and failure to recognisethe promotion of human rights as a“charitable purpose” under the CharitiesAct 2009.

This submission will also form the basis forlobbying of UN Member States which willtake place in early 2016. Ireland isexpected to undergo its second UPRexamination in May 2016.

Submission to the Seanad on theLegal Services Regulation Bill(November 2015)In advance of the Report and Final Stagesof the Legal Services Bill in the Seanad,FLAC made a submission to Seanadmembers, singling out four areas forimmediate amendment to promote accessto justice.

FLAC called for the new oversight bodyfor the legal professions, the Legal ServicesRegulatory Authority, to promoteunderstanding of the law and legal systemand for the new principles proposed forlawyers in the legislation to match thosepromoted by the United Nations BasicPrinciples on the Role of Lawyers. FLACalso recommended that sections of the Billthat limit transparency around fees infamily law cases or others held in private

or settled beforehearing berepealed and thatProtective CostsOrders beintroduced toremove the per -sonal risk topeople wishing totake cases in thepublic interest orto seek redressfrom the State,who legitimatelyfear significantfinancial loss ifcosts are awardedagainst them.

3

FLAC policy round-up

Submission to inf orm the imple -mentation of the Irish Human Rightsand Equal ity Com mission’s Strat egyState ment 2016-18 (October 2015)

To inform the implementation of its firstStrategy Statement, which will cover theperiod 2016-18, the Irish Human Rightsand Equality Commission (IHREC)engaged in proactive outreach with thepublic and civil society organisations. Aspart of this, IHREC conducted a series ofconsultations across the country andissued a call for written submissions.

In response, FLAC attended a targetedconsultation meeting with civil societyorganisations in Dublin and also drafted awritten submission. FLAC’s submissionproposed a number of actions for IHRECincluding to assist the State in progressingtowards ratification of international humanrights treaties which it has signed, and toprioritise both the Legal Aid Board and theSocial Welfare Appeals Office in its publicsector duty work. Other suggestions forIHREC included to assist in thedissemination of the ConcludingObservations of the UN Committee onEconomic, Social and Cultural Rights, andto seek a greater role in the budgetaryprocess.

IHREC will compile a consultation reportbased on all the feedback it has receivedand will use this to inform thedevelopment of its Strategy Statement2016-18, which is to be published inJanuary.



Michael also spoke about the less highprofile work in which he had beeninvolved, such as helping people in theasylum system to access the social welfaresupports to which they were entitled.While a great deal of progress has beenmade over the years, Michael expressedfrustration at struggles still faced by many,including those in Direct Provision tryingto access Child Benefit, people dealing withmortgage arrears, and the law centres andpoorly resourced advocacy groups fightingto provide assistance to all who need it.

Although claims have been made that theeconomic crisis and era of austerity areover, Michael stressed that a rising tidedoes not lift all boats. He argued that ‘thisprosperity is only skin deep’, highlightingthat in the midst of the anticipation ofChristmas, there were 738 families home -less in Dublin, and one in nine childrenliving in consistent poverty. Michael alsoreflected on other ‘deep faults’ in oursociety, in clu ding the failure andinadequacy of the Direct Provision system,the huge number of patients on trolleys inhospitals, and the risks faced by Travellersliving in dangerous con ditions on haltingsites. Quoting Presi dent Michael D. Higgins,he warned against the danger of returningto ‘business as usual’ when we are beingtold the worst is over.

Despite these issues, Michael said therewere ample opportunities for change. Henoted in particular the forthcomingelection and urged everyone to ask thoseseeking our votes to commit to a realstructural change that would protect therights of poor and marginalised people. Healso reflected that there have been sourcesof hope in recent months, such as the

Marriage Equality campaign, the successand passion of which ‘has given confidenceto others in our society that they too canachieve substantial change’.

However, Michael also noted the lack ofadequate protection for social andeconomic rights in the Constitution, callingit ‘a creature of its time’ and ‘pious, sociallyconservative and notoriously condes -cending to women’. He called for a sub -stantial update and amendment of theConstitution to serve a modern Ireland.

Michael then turned to internationalHuman Rights standards, accepting thatthough there are many international andEuropean treaties that Ireland has ratified,there are notable gaps. In particular, henoted how Ireland has yet to ratify the UNConvention on the Rights of Persons withDisa bilities, Protocol 12 to the EuropeanCon vention on Human Rights (ECHR),which strengthens the prohibition ondiscrimination, and the Optional Protocolto the ICESCR Covenant allowing indivi -duals to make complaints against theirgovernments if there is a failure to imple -ment the rights contained in the covenant.

In Ireland, the only piece of internationalhuman rights legislation that has directeffect is the European Convention onHuman Rights, through the implementa -tion by the Oireachtas of the ECHR Act in2003. It was the effectiveness of this Actwhich Michael then turned his focus to,doing so in the context of the Lydia Foycase. After giving a brief overview of the22-year legal battle, Michael concluded thatwhile the ECHR Act eventually workedand provided a mechanism to enforcehuman rights where there was a gap in the

The late Dave Ellis

was a community

activist who

dedicated his career to

working with

community groups on

issues including

welfare rights, legal

aid, legal education

and legal entitlements

generally. He was

Community Law

Officer for more than

20 years at Coolock

Community Law

Centre (now CLM

Northside),

established by FLAC

in 1975 as the first of

its kind in Ireland.

Dave subsequently

established

Community Legal

Resource to provide

information, training

and support for the

non-profit and

community sector. He

died in 2007.

Using the Law to Secure Social Justice: (Continued from front page)

Who was Dave Ellis?

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5F L A C N E W S l O C T O B E R – D E C E M B E R 2 0 1 5

Constitution, it cannot provide an effectiveremedy unless the government is requiredto act upon Declarations of Incompatibilitywithin a strict timeframe, and the court isempowered to grant a greater remedythan damages.

Michael then turned to consider howthings may be changed to remedy theserious problems of neglect and poverty inour society. He called for social, economicand cultural rights to be enshrined in theConstitution, as proposed by theConstitution Convention in 2014; arecommendation which is still awaiting agovernment response.

He also urged all political parties andcandidates in the forthcoming election to:

t include a specific section in theirmanifesto on human rights,

t commit to holding a referendum toinclude social, economic and culturalrights in the Constitution,

t amend the ECHR Act 2003 to allowthe courts to grant more effectiveremedies and to require governments

to act expeditiously on Declarationsof Incompatibility, and

t ratify all relevant human rightstreaties that they have yet to do.

Michael further suggested the establish -ment of an all-party Oireachtas Com -mittee on Human Rights, which woulddiscuss Ireland’s response to its humanrights obligations under inter national andEuropean treaties, the European Court ofHuman Rights and the Court of Justice ofthe European Union.

However, even if all of these recom menda -tions were followed, Michael pointed outthat strategic litigation would still be anecessity. He stressed that as moneybecomes scarcer, there will be a ‘need formuch closer coordination between allthose engaged in strategic public litigation’.He also urged them to begin a practice ofsharing their information and experiences.

To finish, Michael considered the proposedrepeal of the Human Rights Act 1998 inthe UK, which incorporates the EuropeanConvention into domestic law, and itsreplacement with a British Bill of Rights.

He expressed his concern that if a statepreviously compliant with the Con -vention, such as the UK, were to distanceitself from Convention standards onhuman rights, then it could potentially giveother states with a patchy human rightsrecord the justification to do the same.Such a move, he said, would ‘remove acrucial source of hope for thousands ofvictims in those countries’.

In rounding off his speech, Michael said hisdaughter had advised him to finish on anup note: he gladly complied, citing again theopportunities for change and the enduringpassion of all those working in the sector.In an echo of this sentiment, directly afterhis address the passion and dedication ofsome 82 solicitors and barristers whovolunteer for FLAC and PILA was recog -nised, as they received a golden FLAC Pinto acknowledge and thank them for theirremarkable contributions to promotingaccess to justice.

t View a video of Michael's lecture athttp://bit.ly/DEML9mfclip and a trans criptis available at: http://bit.ly/DEML9mf



In a welcome move in late November2015, Tánaiste and Minister for SocialProtection Joan Burton TD announced

that her Department would initiate areview into the impact of lower socialwelfare payments on young people underthe age of 26.

Following cutbacks introduced in 2009 andexpanded in January 2014, rates for means-tested social welfare payments such asJobseeker’s Allowance and SupplementaryWelfare Allowance were reduced forclaimants under the age of 26. For youngpeople aged between 18 and 24 years withno dependent children, the maximumpayment is €100 and for persons aged 25years, the rate is €144. As a result, youngpeople under the age of 26 are expectedto live on an income which is much lessthan what the Government considers theminimum acceptable “basic weeklyallowance” of €186.

Since these measures were introduced,FLAC has consistently called for them tobe reversed. In June 2015, FLAC raised itsconcerns and those of other Irish civilsociety groups with the top United Nationbody in this area, the UN Committee onEconomic, Social and Cultural Rights. PILAalso convened an under-25 social welfareworking group to examine the issue. In itsbriefing for candidates in next year’sgeneral election, FLAC has called for anend to discrimination on the grounds ofage and for full restoration of socialwelfare payments for under-26s.

FLAC notes that the economic crisis hashad a disproportionate impact on youngpeople, especially as regardsunemployment. During the recession, theunemployment rate for under-25s rosefrom 9% in 2007 to 28% in 2013. Inevitably,higher unemployment rates amongst thiscohort led to a greater need for socialwelfare payments. In December 2015,there were 42,764 applications fromunder-25s on the Live Register forJobseeker’s Allowance.

Surveys carried out by the National Youth

Council of Ireland in 2014 revealed thatalmost 2 in 5 (39%) young people were ofthe view that the cuts to Jobseeker’sAllowance had impacted significantly ontheir lives and had left them struggling tomake ends meet. 1 in 4 stated that as aresult of the cut to Jobseeker’s Allowance,they could not afford to move out of theirparent’s home.

There appears to be an assumption by theState that all young people can live withtheir parents or family members. However,many young people, for a variety ofreasons, do not have access to familysupports. This is especially true ofvulnerable groups such as LGBTI persons,migrants, persons with disabilities,Travellers and Roma.

FLAC is especially concerned that thesecuts may have increased the vulnerabilityof disadvantaged young people tohomelessness, given the housing situationand inadequate supports in this area. In July2015, more than 570 people under the ageof 25 were living in emergency homelessaccommodation. Focus Ireland have alsostated that young people accessingemergency homeless services can findthemselves trapped in homelessness dueto the reduced rate of social welfare paidto people under the age of 26.

The discriminatory nature of these cutscalls into question Ireland’s compliancewith international human rights law. Theright to social security is enshrined in boththe European Social Charter and theInternational Covenant on Economic,Social and Cultural Rights, both of whichIreland is bound by.

In its General Comment No.19, the UNCommittee on Economic, Social andCultural Rights notes that it is theobligation of States to guarantee that theright to social security is enjoyed withoutdiscrimination, including discrimination onthe basis of age. The Committee notes thatsome distinctions can be made on thebasis of age, for example entitlement to apension. The key underlying principle isthat any distinction on prohibited groundsmust be reasonable and justified in thecircumstances.

According to Minister Burton, therationale for the reduced rate received byunder-26s is to protect young people from“welfare dependency” and “to incentiviseyoung Jobseeker’s Allowance recipients toavail of education and trainingopportunities”. It is unclear if thisjustification would satisfy the test laiddown by the Committee.

The Committee also issued an open letterin May 2012 on the requirements ofausterity policies. Here it stated thatretrogressive measures must not result indiscrimination and increased inequalities.Additionally, such measures must betemporary, covering only the period of theeconomic crisis, and they must benecessary and proportionate. Despite thisclear guidance, and the Government’s talkof an economic recovery, these measuresremain in place in Ireland.

Furthermore, in its 2013 Observations onIreland’s compliance with the EuropeanSocial Charter, the European Committeeof Social Rights determined that theminimum levels of certain social welfarebenefits, including unemploymentpayments, were not sufficient. Payments toyoung people under 26 fall below eventhese minimum levels.

As of yet, very little information has beenprovided on the format or timeframe ofthe review. FLAC hopes it will be carriedout as a matter of urgency and that it willincorporate wide consultation with allthose affected.

Department of Social Protection tolaunch review into lower socialwelfare payments for under-26s



Changes to landlord & tenant lawcome into effect

On 4 December 2015, significantchanges were made to the lawregulating Landlord and Tenant

relations in the Residential Tenancies(Amendment) Act 2015. While most of thechanges have yet to come into effect, somewere instantaneous. Here is a quicksummary of the changes that haveimmediate effect from December 2015,with the relevant sections of the Act:

Rent review process (Sections 25 & 26)

t Rent can only be reviewed every twoyears. This two-year period will runeither from the commencement of thetenancy or from the most recent rentreview. Note that this change istemporary – the 24-month requirednotice period will only be in effect forfour years from the date ofcommencement of the amendmentact. After this, in other words from 3December 2019, the rent reviewperiod will revert back to 12 months.

t The notice period for a rent reviewhas been increased from 28 to 90 days.

Examples:

1. Tenancy began in March 2015 at a rentof €725 per month. This rent cannotbe changed until March 2017.

2. Tenancy began in July 2013. The rentwas reviewed in August 2015 to €865per month. This rent cannot bechanged until August 2017.

3. Tenancy began in November 2010 andthe rent is €550. The rent has neverbeen reviewed. The Landlord nowwishes to increase the rent to €700.The landlord must tell the tenant atleast 90 days before the increase haseffect. If the Landlord posts notice, inthe prescribed form, to the tenant on15 December 2015, informing them ofthe increase, the rent cannot becharged at the increased amount untilthe 15 March 2016.

Notice Periods (Section 31)

The required notice period for termina -tion of a tenancy has been changed. Thenew notice periods are as follows:

These changes are not retrospective. Thatis, if a termination notice was issued before4 December 2015, the previous noticeperiods apply. This is the case even if thatnotice period is still running. Below arethree examples from tenancies beginningin 2010, 2009 and 2008.

Examples:

1. Tenancy began in March 2010 and thelandlord, with sufficient reason, nowintends to end that tenancy. Thelandlord intends to issue notice on 6December 2015. The tenancy has beenin operation for 5 years and 9 months.The Land lord must give 140 days’notice.

2. Tenancy began in July 2009. On 10December 2015 (6 years and 5months) the tenant wishes to end thetenancy. Assuming this is not a fixedterm tenancy, the tenant must give 84days’ notice.

3. Tenancy began in July 2008 and thelandlord decided to end the tenancy atthe end of November (7 years and 5months). The landlord issued a validtermination notice on 1 December2015 for 112 days. Note that as thetermination notice was issued before 4December 2015, the previous noticeperiods apply.

Duration of Tenancy Notice Period if Notice Period ifGiven by Landlord Given by Tenant

Less than 6 months 28 days 28 days

6 or more months but less than 1 year 35 days 35 days

1 year or more but less than 2 years 42 days 42 days

2 years or more but less than 3 years 56 days 56 days






8 or more years 224 days 112 days

In its work, FLAC encounters manypeople who do not have equal accessto justice in Ireland because of poverty

and inequality. The period of austeritywhich prioritised the stability of theeconomic system over the needs ofsociety has not ended. Today, many remainunable to access their fundamental humanrights. State systems remain opaque andover-stretched; they continue to denypeople a voice in decisions affecting them.People struggling with debt or trying touse the legal system frequently cannot getthe legal support they need to obtain fairdecisions. People dependent on socialwelfare face significant hurdles in securingfair outcomes on decisions. There is littleevidence that the state is systematicallyconsidering even the most basic rights inits day-to-day decision-making, despitelegal obligations to do so and, perhapsmore importantly, even though it wouldensure the people of Ireland are betterserved by the state.

FLAC is asking candidates for Election2016 to consider the following issues thatwould help achieve better access to justicefor people in Ireland and include them intheir own election manifestos.

1. Addressing the currenthousing/homelessness crisis:

Homelessness is growing, spanning socialgroups and housing types. In particular,

FLAC highlights the danger of home -lessness arising from the number ofmortgage accounts in deep arrears. Thou -sands of properties are currently at risk ofrepossession; this includes both principalprivate dwellings and the ‘buy-to-let’properties in the hands of receivers whichare also homes for those who rent them.

The long-promised full suite of measuresto tackle the arrears crisis has still to bedelivered, so that 7 years on troubledborrowers still lack sufficient supports. Thelist is long: the only legal option open toborrowers in arrears trying to avoid

repossession and/or insolvency is theCode of Conduct on Mortgage Arrears;FLAC believes this mechanism does notserve borrowers well, with its lack ofaccountability for bank decisions on loansustainability and lack of appealsmechanism; the Code has, in any event,been found by the Supreme Court to be

largely inadmissible in repossession pro -ceedings. There is a new and very limitedindependent appeals mechanism in placefor insolvency decisions, no Public In sol -vency Practitioners for those who cannotafford one privately and no fully rolled-outcountrywide Mortgage-to-Rent schemefor those whose mortgages are trulyunsustainable. The following measurescould bring some clarity and balance to avery uneven playing field for borrowers inIreland:

t Access to legal advice and representa -tion for all who need it in their dealingswith creditors, both during nego tia -tions on sustainable and affordable re -struc tures and in repos session pro -ceed ings.

t Ensure more timely & effective reviewby the courts of insolvency arrange -ments that are rejected by creditors.

t Access to free legal advice and rep -resenta tion for people petitioning fortheir own bankruptcy.

t Review the Code of Conduct on Mort -gage Arrears to ensure people in mort -gage arrears have access to a fair appealon decisions made by the lenders.

t Introduce a scheme of Public Insol -vency Practitioners for people whocannot afford a private PIP.

t Expand the mortgage-to-rent schemecountry-wide in order to enable

8



Facing up to the future — FLAC’s

FLAC Centres Throughout Ireland FLAC Centres in the Dublin Area



owner- occupiers with manifestlyunsustainable mortgages to becometenants of their local authority/housingassociation.

2. Fair support for those in receiptof social welfare payments:

Social welfare payments are designed togive people a minimum income to meetreasonable expenses; often, this may fall farshort of an adequate income. FLAC hasidentified a lack of effective, timely and fairprocesses within the social welfare systemwhich put people at risk of poverty. Insome circumstances, people may find thatpayments are delayed, reduced or deniedin ways that leave them without theminimum income required to maintaintheir life in dignity. For example, the state’sjustifiable focus on eliminating welfarefraud has had an unfortunate side-effect ofdenying payment to some people who areinnocent of wrong-doing and who mustenter the labyrinthine, slow-movingappeals system to seek justice. Youngerpeople are struggling to survive on a lowerrate of social welfare. The current DirectProvision system, discredited by FLAC’s‘One Size Doesn’t Fit All’ report in 2009and pronounced in need of thoroughreform by the recent government-appointed Working Group, remainsunchanged. FLAC urges candidates tocommit to:

t Ensuring that fair procedures are inplace when seeking to recover over -payments and that a person’s income isnot reduced below the basic minimumrate set to ensure an adequate stan dardof living in making deductions fromsocial welfare payments or from wages.

t Ending discrimination on the groundsof age by restoring full social welfarepayments for under 26s.

t Allocating sufficient resources to theSocial Welfare Appeals Office toensure that appeals against refusals ofbenefit or assistance are heard quickly,fully and fairly and people are notdenied rightful payments for extendedperiods.

t Implementing within a specified,stipulated timeframe the recom -mendations of the Working Groupreport on Direct Provision (which

operates as a parallel social welfaresystem) so that conditions recognisedas entirely inadequate are endedwithout delay.

3. Equal access to the legal system:

Ensuring everyone has access to thecourts and to the legal supports necessaryto achieve equal access to justice is a corepriority for FLAC. While funding for civillegal aid services has increased slightly inrecent years, people desperately in need oflegal help still face significant delays andlong waiting lists for accessing services.Other barriers to accessing the legalsystem include prohibitive costs, restrictiveeligibility criteria for civil legal aid and thenarrow remit of the Legal Aid Board. FLACurges candidates to commit to:

t Recognising that legal aid is an essentialpart of the fundamental human right ofaccess to justice and ensure that allindiv id uals who need legal representa -tion in judicial or quasi-judicial pro ceed -ings can effectively access this right.

t Allocating sufficient funds to the LegalAid Board to ensure the provision ofan efficient, accessible and sustainablecivil legal aid scheme.

t Ensuring timely enforcement of courtdecisions to minimise delay in theprotection of rights and administrationof justice.

t Making provision for courts to limitthe costs charged against litigants whoseek to take cases in the publicinterest against the State and otherpowerful institutions.

t Committing to a speedy considera tionof Law Reform Commission re com - mendations on the intro duction ofmulti-party litiga tion or a class actionsprocedure.

4. A human rights based approachto government:

Ireland is obliged to meet clear inter -national human rights standards, set byinternational treaties, in many importantareas of life – standards which, if fullyimplemented, will guarantee that peoplecan live a life of basic dignity. Yet at UNexaminations, the State continues to fallshort of required benchmarks in areas like

housing, social security, health care andeducation. There is no adequate domesticsystem to measure the state’s compliancewith its international obligations. Indeed,while Ireland readily and stronglychampions human rights standards andmechanisms abroad, at home thoseorganisations which admit to promotinghuman rights as their primary aim areprecluded, by law, from qualifying forcharitable status. We continue to denypeople in Ireland access to mechanismssuch as the Optional Protocol of theInternational Covenant on Economic,Social and Cultural Rights which wouldallow them to enforce basic human rights,such as health, housing, social security andeducation. FLAC urges candidates tocommit to:

t Amend the Charities Act 2009 torecognise that the promotion ofhuman rights is beneficial to thecommunity in the same way thatpromotion of civic responsibility andthe relief of poverty are alreadyrecognised, thus allowing charities tohave this as their main purpose.

t Establish systems to allow theOireachtas to monitor Irish statecommitments for the protection andpromotion of human rights undertreaties Ireland has ratified.

t Ratify the Optional Protocol toICESCR to enable individuals toenforce basic human rights.

t Take account of the effect on humanrights of decisions on public spending,policy or services that affect the livesof people – particularly poor andmarginalised groups – through system -atic impact assessment.

t Consult regularly with civil society andrelevant stakeholders on policy-making, including through establishingan effective consultation mechanism.

t Conduct a review of all austeritymeasures as soon as possible and en -sure that they are phased out, withservices restored in line with post-crisis economic recovery.

election briefing for candidates 2016

t



PUBLIC INTEREST LAW ALLIANCEU P D A T E

F O C U S O N P I L A

The Oireachtas Committee on Justice,Defence & Equality recently heard findingsfrom a unique series of seminars examiningthe connections between legal action andsocial change in Ireland, including theimpact of public interest law and litigationand the associated need for reforms tofacilitate greater access to justice.

The ‘Changing Ireland, Changing Law’ serieswas organised by Dr Mary Rogan, Head ofLaw at Dublin Institute of Tech nology (DIT)and Professor Ivana Bacik of Trinity CollegeDublin, in partnership with the PublicInterest Law Alliance (PILA), a project ofFLAC. Dr Rogan and Professor Bacik ad -dressed the Justice Committee along withRachel Power of PILA on the series findings,following a presentation in the AV room ofthe Oireachtas for other members.

The series saw innovative input on how lawhas affected Irish society, showcasing publicinterest campaigns on women’s rights,LGBT rights, immigration and asylum andpublic interest litigation. This included manyof the individual litigants who took land -mark cases in their own right to advancewider change, such as Dr Lydia Foy onTransgender recognition and Máirin deBúrca on women’s rights, as well as lawyers,academics and civil society organisationssuch as the National Women’s Council, theGay & Lesbian Equality Network and theImmigrant Council of Ireland.

At the briefing, PILA’s Rachel Poweroutlined key barriers to public interestlitigation identified through the series andmade the following recommendations:

t The review period mandated withinthe Legal Services Regulation Billshould be used to assess whether thenew legislation is facilitating access tojustice through speedy and efficient ad -mini stration of justice and, if not,resources should be applied to identi -fying current inefficiencies.

t The state must ensure effective andtimely implementation of judgments toprevent excessive delay in protecting,promoting and defending the rights ofits people.

t The courts must be specificallyauthorised to take into account thepublic interest nature of a case andlegislative provision made for thegranting of Protective Costs Orders inpublic interest law cases.

t The legal aid scheme should beextended to allow for the taking orfunding of test cases, which can becontracted out to private law firms orindependent law centres.

An edited collection of papers from the series will be

available in 2016

Oireachtas Justice Committee hears findingsfrom public interest law seminar series

CICL team at Leinster House to speak beforeOireachtas Committee L-R Noeline Blackwell

(FLAC), Dr Mary Rogan (DIT), Rachel Power (PILA),Prof Ivana Bacik (TCD and Seanad Eireann),

Micheline Sheehy Skeffington and Dr Mark Bell (TCD).

PILnet Pro BonoForum focuses onrefugee crisisIn November 2015, PILA’s ProjectOfficer Eamonn Tansey travelled toRome to participate in PILnet’s 9thAnnual European Pro Bono Forum.The forum provides an annual platformfor pro bono lawyers, pro bonoclearinghouses and NGO leaders toshare their strategies and knowledgein using the law to achieve socialjustice. In addition to offering thisannual platform for idea and strategysharing, the forum has greatlycontributed to building support forpro bono legal assistance acrossEurope and in regional centres aroundthe world.

In addition to a series of interactiveworkshops and plenary discussions onthe fundamentals of pro bono, thisyear’s forum had a particular focus onthe ongoing refugee crisis emanatingfrom the Middle East and northernAfrica. In this regard, participants wereencouraged to develop pro bonosolutions and strategies to counter themyriad of legal and social issues arisingfrom the crisis including the in volun -tary detention of refugees on arrival inEurope, rising levels of xenophobia andracism across Europe and the seem -ingly inhospitable Euro pean legallandscape facing genuine refugeesseeking refuge in EU states.

On the opening day of the conference,Eamonn delivered a presentation tothe European Pro Bono Alliance onpro bono survey development and use,drawing from PILA’s recent experiencein develop ing a nationwide survey inorder to measure the attitudes andappetite for pro bono amongstIreland’s legal community. On the finalday of the conference, Eamonn pres -ented to a variety of stakeholders aspart of a session entitled ‘Pro bono inEurope: Meet the Clearinghouses’. Thesession was a great opportunity topromote the past and present work ofPILA and to recount some of the moresignificant successes achieved followingits establishment in 2009.

Speakers at CICL lecture on ‘Public Interest Litigation– does it work’ held 16 October 2015: L-R: KevinBrophy, Rachel Power (PILA), Lydia Foy, Prof Gerry

Whyte (TCD), Maeve O’Rourke (JfM).


11

P r o b o n o u n d e r t h e s p o t l i g h t

Pro bono in action: St Vincent de Paul (SVP) and McDowell Purcell produce energy

efficiency research

t

PILA’s Pro Bono Referral Scheme hasyielded another very successful resultrecently in the form of the partnershipbetween law firm McDowell Purcell andnational anti-poverty group the Society ofSaint Vincent de Paul (SVP).

Through the Pro Bono Referral Scheme, alegal team within McDowell Purcell pre -pared a research report on the law inrelation to the Energy Efficiency of RentalAccom modation in Ireland. The studyhighlights the requirement for specificlegislation to progressively realise energyefficiency in private rental accommodation.

The research found that no specificprovision is currently made in legislationfor the rating of energy efficiency ofprivate rental accommodation in Ireland.While a number of physical standards forrental accommodation have beenintroduced since 1992, these do not applyretrospectively and do not specificallypromote energy efficiency.

The study recognises that under theGovernment’s Construction 2020programme, a working group exists whichwill investigate the feasibility of introducingminimum thermal efficiency standards forrental properties. Such standards for rentalproperties if introduced would serve toreduce energy poverty, improve health andminimise emissions from the privaterented sector.

While legislation aimed at improvingenergy efficiency in rental accommodationwill not take families with inadequateincomes out of energy poverty, suchlegislation would go a long way towardsreducing their energy bills, increasing thecomfort levels in their homes andenhancing their overall health andwellbeing.

At the launch of the report on October1st, David McKechnie, Associate atMcDowell Purcell and leader of the probono research team, highlighted theimportance of engaging in such pro bonowork:

“McDowell Purcell views pro bono workas an integral part of Corporate SocialResponsibility and is delighted to haveworked with PILA on this important study.Through working with PILA, we wereconfident that any project undertakenwould be satisfying a genuine and worthyneed. We therefore had no hesitation incommitting to this project to assist StVincent de Paul with its work in this

important area.”

John Mark McCafferty, Head of SocialPolicy SVP also commented how the studyhighlights the fact that greater co-operation between the Depart ments ofEnvironment and Social Protection withthe Department of Energy is necessary toensure energy affordability for people onlow incomes.

PILA Legal Officer Eithne Lynch said thatPILA had seen first-hand the added valueof legal research to a particular issue. “Inour experience, this kind of research canbuild upon and be beneficial to anorganisations’ policy and advocacy work,which is why we are so happy to see thisproject come to fruition. It has become avaluable resource for other organisationsworking in the area,” she commented.

The report is available on the SVPwebsite at: bit.ly/1ZcllUz

Energy mmodoAcc

f oof cy enEffici

Energy ionatmmod

in Irelan

l taf Rend

in Irelan

L-R: John Mark McCafferty, SVP; Noeline Blackwell, FLAC; David McKechnie, (McDowell Purcell).



According to the Legal Aid Board’srecently published Annual Reportfor 2014, demand for its legal

services fell last year by approximately 8%over 2013 figures. However, while the 2014figure of 16,433 applications represents adecrease in the number of applicationsreceived during the economic crisis, whichpeaked at 19,636 in 2011, it remainsconsiderably higher than pre-recessionlevels.

One noteworthy trend identified in thereport is that the number of peopleseeking asylum-related legal services fromthe Board rose for the first time since2008. In total, 902 people sought asylum-related legal services from the Board in2014, which represented a 27% increase on2013 figures. According to the Board, thisrise is consistent with the increase in thenumber of people seeking asylum in theState. However, demand for asylum-relatedservices from the Board remainssignificantly lower than pre-2010 levels.

The Legal Aid Board has made considerableprogress in reducing the number of peopleon waiting lists. As detailed in the report,while 5,067 people were waiting for a firstconsultation with a solicitor on 1 January2014, this figure had fallen to 3,412 on thesame date in 2015. The number has sincefallen to under 2,700 as of 1 October 2015.While the Board must be commended forthe efforts undertaken in this regard,especially in light of low staffing levels andunder-funding, the number of people onwaiting lists remains too high.

By contrast, while significant headway hasbeen made in reducing the number ofpeople on waiting lists, waiting timescontinue to be unacceptably long. Thewaiting time for a first appointment with asolicitor for matters not deemed prioritywas in excess of four months in 13 of theBoard’s Law Centres at the end of 2014.Waiting times for an initial appointment insome Law Centres, such as Tallaght, were aslong as 10 months.

This is despite the fact that the Legal AidBoard has committed to ensuring that noone waits longer than a period of fourmonths for a consultation with a solicitorfrom the date of full application. Clearly,more needs to be done to ensure theprovision of timely services.

Cases related to family law continue todominate the work of the Board. In 2014,83% of cases handled by the Legal AidBoard were in the family law area. Bycontrast, family law queries accounted forabout 20% of all calls received by FLAC’sinformation line in 2014.

There were a number of interestingdevelopments in 2014. Firstly, in responseto the growing volume of child care cases,the Board initiated a pilot involving the useof private solicitors to represent parents inapplications by the Child and FamilyAgency, Túsla, to have children taken intoits care.

The use of private practitioners in thesecases, which are typically sensitive, complexand time-consuming, should, if properlystructured, ease the burden on Legal AidBoard solicitors dealing with child carecases. This measure should also go someway towards addressing concerns raised bythe Director of the Child Care LawReporting Project, Carol Coulter that“there may be parts of the country wherethe Legal Aid Board is very under-re -sourced and where it is quite difficult to getrepresentation” in child care pro ceedings.

In addition, there was a very limitedresumption of usage of private solicitorsfor certain family law matters in the Circuit

Court. By the end of 2014, 10 certificateshad been granted to Private Practitionersfor such cases. This scheme had beensuspended in effect in recent years “forbudgetary reasons”.

In October 2015, the Minister for Justiceand Equality, Frances Fitzgerald, announcedan increase in funding to the Board for2016. She stated that the additionalresources were to be used to increasestaffing levels and to make additional use ofthe Civil Court Practitioner Scheme todeal with applicants seeking legal servicesfor either a judicial separation or a divorce.

In summary, the 2014 Annual Report showsthat progress has been made in addressingsome of the obstacles which peopleseeking to access services from the Boardencounter. However, barriers to accessingjustice remain, in particular, due to longwaiting times, the low visibility of the civillegal aid scheme and the narrow remit ofthe Board. Moreover, funding levels havenot yet reached pre-recession levels,despite much greater demand.

Undeniably, more must be done to ensureequal access to justice in Ireland throughthe state provision of an effective,accessible and sustainable system of legalaid. FLAC remains committed to achievingthis goal.


27%

83%

Number ofcases relatedto Family Law

in 2014

23,500

16,433

5,200

3,412

number of casesdealt with

number ofapplications

number of casestaken through theLegal Aid Board’sprivate PractitionerSchemes

number of peoplewaiting for a firstconsultation with asolicitor at the endof 2014

19%

Priority Applications as

percentage of totalapplications, e.g. domestic

violence

Increase in the number ofpeople applying for

asylum-related legal services

Prin

twel

l Des

ign

Justice delayed is justice denied: Legal Aid Board Annual Report 2014

€33,574m –funding in 2014

Legal Aid Board numbers at a glance for 2014

The ground-breaking Child CareLaw Reporting Project released itsfinal report on 30 November 2015,

presenting a raft of recommendations forstate action from its three years ofoperation, including a call for a dedicatedfamily court.

The project analyses data from casesinvolving care applications for children andhas reported on over 1,200 child care casesbefore the District and High Court over aperiod of 30 months. It examines issuessuch as why child care orders were soughtby the Child and Family Agency (CFA), theethnic background and family status of thefamilies involved, the ages of the childrenand whether they have any special needs,any issues affecting parents such asdisability or addiction, how long the casesran for and their outcomes.

Statistics from the CCLRP’s final reporthave shown that children from ethnicminorities are seven times more likely tobe involved in child care proceedingsbefore the courts. 26.4% of the casesinvolved families where at least one parentwas from an immigrant background, while4.4% of the families involved wereTravellers.

The study also highlighted that one in threechildren involved in child care cases havespecial needs, while mental health andcognitive disabilities were extremelycommon among parents. This highrepresentation of vulnerable andmarginalised parents in child care cases wasnoted by the reporting team, with projectdirector Dr Carol Coulter commentingthat “[i]t’s really important we realise whenwe have inadequate service for parentswith a disability. It impacts on their familiesand it impacts on their children.”

Launching the report, Chief Justice SusanDenham drew attention to the need forthese vulnerable parents to be given

‘appropriate supports’ to break the cycle ofneglect and abuse involving their children.

“The report highlights a lack of availabilityof suitable and appropriate services forvulnerable parents,” said Mrs JusticeDenham. “It sends the clear message thatparents with mental health problems,intellectual disabilities, parents fromminority ethnic groups or those who havebeen in care themselves or have addictionissues, and those who struggle with a childwith mental difficulties, absolutely needsuitable and integrated supports.”

The availability of resources was alsoexamined in the report, with a finding thatwhile in major cities such as Dublin, Cork,Limerick and Waterford there werededicated child care judges and court daysdevoted to hearing child care cases, thesame could not be said for other parts ofthe country. The report notes that in manycourts, there may be as many as 100 caseson the court’s list, meaning that these childcare cases simply cannot be given theattention needed by the courts.

The Project’s report makes a total of 24recommendations, which included theestablishment of a dedicated family lawcourt to hear child care cases to help

alleviate the over crowded lists and hugedelays in hearing urgent cases. This recom -mendation was reiterated by Chief JusticeDenham, who stated ‘‘The establish ment ofdedicated family courts to hear both publicand private law is a matter of urgency.”

In the second phase, the project willexamine a number of complex and highlycontested cases over a period of two years.It will consider why some cases become sofraught and complicated, and consider theways in which this can be resolved.Commenting on how this second phasewill be carried out, Dr Coulter explained:‘This reporting will be combined withqualitative research into the reasons whycertain cases become very difficult andprotracted, which can adversely affect thechildren at the heart of the proceedings’.

FLAC has provided administrative andcommunications support to the projectsince its inception and will continue tosupport it through its second phase ofenhancing access to justice in Ireland.

The project went on to release its fourthand final volume of cases for 2015 on 14December 2015. All its published reportsand volumes of cases are available on theproject website, www.childlawproject.ie



Child Care Law Reporting Project: final report

Left: Judge Marie Quirke,District Court PresidentHer Honour Judge

Rosemary Horgan, JudgeBrendan Toale.

Right: The Hon MrsJustice Catherine

McGuinness, Kevin HealyBL & Dr Carol Coulter.

Noeline Blackwell, FLAC; Chief Justice Susan Denham; Dr Carol Coulter, CCLRP.

All p

hotos by Derek Speirs

t14 F L A C N E W S l O C T O B E R – D E C E M B E R 2 0 1 5


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

The UN named 5 December asInternational Volunteer Day tocelebrate the vast and invaluable

work done by volunteers around theworld. FLAC is proud to have suchcommitted and professional support fromvolunteers from the legal profession andwe cannot be grateful enough.

Since FLAC was set up in 1969, it hasalways depended on the work ofvolunteers. FLAC volunteers are involvedwith FLAC’s work in a number of ways.They support some of the mostdisadvantaged people in our communities,and assist them to realise their right toaccess justice. The PILA Pro Bono registerdepends on the volunteers who offer theirservices to the NGOS striving to effectsocial change, through providing pro bonolegal help, offering educational sessions andthrough various other working groups andinitiatives. FLAC’s own National Council -our board – is also made up of volunteers!

Volunteers are therefore truly at the coreof FLAC, and FLAC is committed tosupporting and celebrating all of itsdedicated volunteers.

FLAC is running close to 1,500 clinics ayear in its Dublin and Cork city branchesalone. There are another 1,350 clinicsyearly countrywide, run by the localCitizens Information Centres, with localsolicitors and barristers providing freelegal advice. In these centres, first-stoplegal information and advice is given tothose who cannot afford to pay for suchservices. At least 14,000 people seek

advice from these invaluable localresources each year.

This could not happen without the volun -teers. We now have over 350 amazingvolunteers using their professional skills tohelp those most in need in their localcommunities.

So on this year’s International VolunteerDay, we celebrated the volunteer legaladvisors and assistants who offer theirtime and services to help make ourservices possible.

Whether you have been volunteering withus for 10 years or 10 days, you are part ofwhat we believe in: promoting equal accessto justice for all. Thank you for yoursupport and Happy International VolunteerDay! We couldn’t do it without you!

FLAC also runs a Volunteer AwardsScheme to recognise long-standing andcommitted volunteering. This year’s awardsceremony took place on 3 December atFLAC’s Ninth Annual Dave Ellis Lecture.We awarded an unprece dented 82volunteers on the night.

The aims of these awards are:

t To acknowledge the commitment andsupport given by volunteers,

t To let volunteers know that they domake a difference in their localcommunities,

t To celebrate all our volunteers,

t To encourage volunteering within thelegal profession,

t To raise awareness about theimportance of the work volunteerscarry out.

Volunteers from all over the country whohave been regular volunteers orvolunteering for more than 3 yearsreceived a Golden FLAC pin, a Certificateand a mention on the FLAC Roll ofHonour.

Volunteers attended from Dublin, Galway,Leitrim, Sligo, Kildare, Kerry, Cork, andMeath. We were delighted to be able toacknowledge so many of our volunteers.

We are also delighted to see that so manyof the local Citizens information Serviceshave nominated their local volunteers, sothat they get national acknowledgement aswell.

Volunteers are unpaid not

because they are worthless, but

because they are priceless

If you are interested in becoming a FLACvolunteer, we are currently seeking fullyqualified solicitors and barristers in thefollowing areas to volunteer one evening amonth:

Arklow, Balbriggan, Ballymun, Blanchards -town, Bray (employment), Lucan, Navan,Newbridge, Port Laoise, Stillorgan (daytime), Swords, Tallaght.

For more information onvolunteering, contact Zsé Varga,Volunteer and Centre Manager:

[email protected]

International Volunteer Day and FLACVolunteer Golden Pin Awards

FLAC and PILA volunteers who received the Golden Pin award on 3 December



Jo Kenny, FLAC CouncilF O C U S O N F L A C

Jo Kenny is the one of the newestmembers of FLAC Council, having joinedin November 2014. FLAC Council, which

acts as the organisation’s board, is made upof a diverse mix of people, includingChairman Peter Ward SC, Don Crewe, JulieHerlihy and Joanne Hyde. Jo says she ishonoured to be serving on FLAC’s Council,and remarks that she is learning a hugeamount from her role and her colleagues.

Indeed Jo is no stranger to FLAC, havingvolunteered in legal advice centres beforejoining FLAC staff in 2009 as the first LegalOfficer with the PILA project until 2011. Jowas involved in establishing PILA’s landmarkPro Bono Referral Scheme, which matchesthe unmet legal need of civil societyorganisations with lawyers and law firmswilling to give pro bono assistance.

FLAC's work simply could not

happen without the barristers

and solicitors who get involved. I

am always impressed by their

commitment and hard work,

whether it's through a FLAC

evening clinic or a PILA pro bono

project

After completing her law degree in StAndrew’s University in Scotland, Jo spenttime working in Madrid as an Englishteacher. She then decided to pursue herhuman rights interest further by undertakinga Masters in International Human RightsLaw in the UK. Following this, Jo qualified asa lawyer and practiced in both London andDublin, in the public and private sector.Currently, Jo is working with the office of theInformation Commissioner in dealing withFreedom of Information appeals, a rolewhich she describes as “varied, challengingand interesting”.

Jo has always been interested in voluntarywork, and has spent time working with theCitizens’ Advice Bureau, in hospitals, andteaching English to asylum seekers. It waswhen she returned to Dublin that shebecame involved with FLAC for the firsttime. “A friend suggested I contact NoelineBlackwell about volunteering with FLAC,which I did!” says Jo. “I felt very lucky to geta job with the nascent PILA two years later”.

Speaking about the Irish pro bonolandscape, Jo notes that it has changed

fundamentally since 2009: “There is muchmore of an expectation that law firms dopro bono and many law firms now make itpart of their identities. I think FLAC offerslawyers the opportunity to use their legalskills to make a real impact: both at anindividual and at a wider, strategic level.” Sheexplains “FLAC's work simply could nothappen without the barristers and solicitorswho get involved. I am always impressed bytheir commitment and hard work, whetherit's through a FLAC evening clinic or a PILApro bono project.”

I think FLAC's work makes a

difference in areas which matter

to people, like personal debt,

mortgage arrears, social welfare

and of course gender recognition

Jo remembers her time at FLAC fondly,remarking that she is inspired by the quality,quantity and energy of the workundertaken, as well as its wider impact: “Ithink FLAC's work makes a difference inareas which matter to people, like personaldebt, mortgage arrears, social welfare and ofcourse gender recognition.”

In looking to the future of FLAC, Jo hopesthat the organisation can continue “to be ina position where it can make an impact inthe more challenging areas for Irish societyand be a reliable source of free legalinformation and advice.” She also hopes thatpro bono lawyers continue to be creativeand innovative as they set about using thelaw strategically to effect change.

FLAC is conducting a survey tobetter understand the needs andexperiences of volunteers in thefree legal advice centres aroundthe country.

The answers are anonymous andwill be used to get a better pictureof volunteering in a legal role inIreland today.

This survey looks at five areas, sothere will be a better picture of:

t Who is volunteering today inlegal advice clinics – age,gender and occupationalprofile of legal advisers inIreland;

t Volunteering experiences –why and how long advisershave volunteered;

t Support – what kind ofsupport they avail of, if any,while volunteering;

t Information sources – whatresources they use / know ofwhen giving advice;

t FLAC – volunteers’ familiaritywith FLAC’s work and how itmay be of use in centres.

Completing the FLAC VolunteerSurvey should take no longer than10 minutes – it's online andmobile-friendly. You can find a linkon our website in the newssection. Thank you in advance!

http://www.flac.ie/news/latestnews/2015/12/03/volunteer-survey-2015-launched/

Calling allvolunteers:

Join our FLACvolunteer

survey!



Goodbye to FLAC colleagues

FLAC had another busy year in 2015 – between delivering freelegal advice services to thousands of people as well as basic legalinformation over the phone, witnessing the final fruits of successin the Lydia Foy transgender rights case, leading a civil societyresponse to the UN’s examination of Ireland’s record under theInternational Covenant on Economic, Social and Cultural Rights(ICESCR), and maintaining advocacy work across a number ofcore areas including debt and consumer credit, social welfare lawand access to civil legal aid, we have worked hard to push formore equal access to justice for all people in Ireland, regardless oftheir financial circumstances.

Our volunteers continue to provide the backbone of theorganisation’s work, contributing their legal skills and expertise ina spirit of generosity and a commitment to the core beliefs andvalues of FLAC. As we begin 2016, for those not currently in aposition to volunteer with FLAC, or indeed for those who arevolunteering but who wish to provide additional support, wewould ask you to consider joining the Friends of FLACprogramme. Having a secure financial base is crucial for FLAC tobe able to plan for the future and to take on ambitious andimportant projects such as our work on the InternationalCovenant in the past 18 months.

The ‘Friends of FLAC’ scheme enables supporters to committedto making a monthly donation, or a single annual donation if thatis easier. If just 100 supporters commit to giving €21 per month,with tax efficient giving that would equate to over €36,000 –enough to run our Telephone Information Line for half a year.

Make a New Year’sResolution – join the Friends of FLAC

A report examining clinical legaleducation in Ireland was launched on16 October at NUI Galway. Thereport, entitled ‘Clinical LegalEducation in Ireland: Progress andPotential’, was written by LarryDonnelly, Lecturer and Director ofClinical Legal Education at the Schoolof Law in NUI Galway andcommissioned by PILA. The launch waspresided over by retired High CourtJudge Brian McMahon.

The report includes statistics onclinical legal education programmes inIreland, interviews with those directingclinics in Ireland, a look at two clinicalprogrammes in the UK and interviewswith students and supervisors whoparticipated in clinical programmes. Itconcludes with some reflections onthe findings of the report and a seriesof recommendations as to how clinicallegal education programmes in Irelandshould be expanded and enhanced inthe future.

We are sorry to say goodbye to two colleagues whoare leaving FLAC at the end of the year, MichaelFarrell, Senior Solicitor and Eamonn Tansey, PILAProject Officer. We will miss them both for theirdedication and commitment to access to justice andwe wish them both well in their future plans.

Please consider supporting FLAC in 2016 – you’ll be helpingachieve access to justice for thousands of people all over Irelandand contributing to a fairer society through our advocacy andpolicy work. Join us as a Friend of FLAC!

Pictured L-R: Professor Donncha O’Connell, Head of NUI Galway School of Law; retired high CourtJudge Bryan McMahon; Larry Donnelly, NUIG Lecturer and Director of Clinical Legal Education; and

PILA Project Officer Eamonn Tansey.

Launch of report on clinical legal education in Ireland

t You can download the report by clicking here n or by contactingLarry Donnelly at [email protected].

http://www.nuigalway.ie/media/nuigalwayie/content/files/collegesschools/businesspublicpolicylaw/documentsforms/Clinical-Legal-Education-Report.pdf

Documents

Flac news octdec 2015