flac news autumn 2011

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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

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Writer and campaigner Orla Tinsley joins rights activists to launch the "Your Rights Right

Now" campaign's 25m-high banner, on Dublin's Liberty Hall on 22 September to mark

the countdown to Ireland's first ever full hearing on its human rights record under the

UN's Universal Periodic Review in Geneva on 6 October.

On 16 September 2011,Minister for SocialProtection Joan Burton TD

hosted a Pre-Budget 2012 Forum forvoluntary sector organisations in StAndrew’s Resource Centre, Dublin 2.Representing FLAC at the forum wereNoeline Blackwell, FLAC’s Directorand Saoirse Brady, Policy andCampaigns Officer. Our submissionfocused on how even in recessionarytimes the Government can respect,protect and promote human rights ina budgetary context.

Minister Burton opened the forum bystressing the importance of anenhanced and reformed social welfaresystem for the 21st century to ensurethat assistance is targeted at thepeople who most need the support.She spoke of “larger solutions” andstated the budget was not just aboutcuts to social welfare but was a“whole of government” issue and thatdecisions had not yet been made. Sheunderlined the role of taxation andsaid that people with resources needto contribute their fair share throughtax contributions.

More than 30 organisations madecontributions at the forum, includingThreshold, the Society of St Vincent dePaul, One Parent Family Network

flac News | Vol. 21, No. 3

F L A C N E W S l J U L Y – S E P T E M B E R 2 0 1 122

iinn tthhiiss eeddiittiioonn......State must honour human rights commitments 1, 8-9

DPP would welcome deaf jurors 2

Getting help in the recession 3

FLAC responds to GRAG 4

Demand rising for FLACinformation & advice 5

Some stark facts on troubledmortgages 6

The Gabriel case - some relief for hard-pressed hirers 7

Competition recognises creativity ofyoung people on human rights 9

FLAC Fellowships 2011 10

Court to rule on access to social welfare decision 11

Hammarberg on rights in austerity 11

Report to examine social welfareappeals system 12

Best interests of child must guidesocial welfare spending 12

trESS seminar 12

PILA Update:

Unlocking lawyers’ pro bono capacity PILA & PILS co-host ECHR event 13

Focus on FLAC:Lianne Murphy, PILA Project Officer 14

Lucan FLAC celebrating 30 years 15

Tributes paid to Mr Justice Lavan 16

Dave Ellis Memorial Lecture 16

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

Editors: Aine Walsh & Yvonne Woods

Layout and Printing: Printwell Co-operative, Dublin 1

Contributors: Noeline Blackwell,Saoirse Brady, Emer Butler, LarryDonnelly, Michael Farrell, GillianKernan, Paul Joyce, Colin Lenihan,Karen McLoughlin, Áine Walsh, KimWatts,Yvonne Woods.

ISSN 07914148The views of individual contributorsdo not necessarily represent the viewsof FLAC.

DDPPPP wwoouulldd wweellccoommeeddeeaaff jjuurroorrss bbuutt bboouunnddttoo aappppllyy eexxiissttiinngg llaaww

The Director of PublicProsecutions, James Hamilton,has written to FLAC saying that

he would like to see deaf people serveon juries. But he said that so long as thelaw appeared to prevent this, he wasobliged to see that courts wereinformed of that and to see that trialswere conducted according to theexisting law.

In a recent letter to FLAC Mr Hamiltonsaid:

...I would very much like to see asituation where deaf people couldparticipate in juries. I have in thepast publicly expressed the viewthat juries should be asrepresentative of the community asis possible and ideally this shouldinclude the participation of personswho despite having a physicaldisability would be able to carry outthe work of a juror with appropriateassistance.

However, regardless of any personalopinion I might have, my duty to thecourt is to ensure that relevant caselaw is drawn to their attention...

Mr Hamilton was explaining his positionafter he had written to prosecutinglawyers last December telling them toinform trial courts that deaf personswere still prohibited from serving onjuries.

He referred to the judgment by the HighCourt last year in the case of Joan Clarke

v Galway County Registrar, where FLACrepresented Ms Clarke. Judge DanO’Keeffe held that Ms Clarke, a deafwoman, was wrongly excluded from ajury panel in Galway but went on to saythat in his view having a sign languageinterpreter in the jury room with a deafjuror would breach the principle of juryconfidentiality. Mr Hamilton said heregarded that view as binding on courtshearing criminal trials.

FLAC does not agree that JudgeO’Keeffe’s view is necessarily binding onother courts as that was not the issue onwhich the Clarke case was decided.AndHigh Court Judge Paul Carney took adifferent view when he agreed toempanel a deaf juror, also last December,although the defence then objected tothe man in question, who had to stepdown. However, the state of the law canbe debated in other fora.

We welcome Mr Hamilton’s frank andopen explanation of his position and weparticularly welcome his strong supportin principle for deaf persons sitting onjuries. And since the DPP agrees that itwould be a good idea to allow deafpersons to serve on juries, the real issuenow should be how to remove theobstacles to this happening.

One way forward would be to speedilyremove the ban on deaf people servingon civil juries and at coroners’ inquests,where none of the special concernsapplying to criminal trials would arise.

In this issue, we concentrate on thefirst ever examination of how Irelandis meeting its human rightsobligations under the the UnitedNations’ innovative UniversalPeriodic Review (UPR). You can readmore on pages 1, 8 & 9, but there arelinks to human rights in most articlesthis issue. This reflects the reality ofFLAC’s work – respect for humanrights underpins all we do.


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 1 33

GGeettttiinngg hheellpp iinn tthhee rreecceessssiioonn::ssuuppppoorrtt iiss oouutt tthheerree

For people who are being putunder pressure by the currentrecession, it is key to note that

there is help out there.There are a hostof state and voluntary bodies offeringpractical help and/or advice in a range ofareas, from relationship breakdown toover-indebtedness to housing problems.

FLAC understands that people who arestressed and disoriented by their currentsituation are primarily concerned withfixing the immediate problem. Our aim inproviding legal guidance is to assist themwith that course of action. However wealso want to change the underlyingframework that allowed this crisis ofoverindebtedness to develop.That is whywe are campaigning, for example, tochange the personal insolvency laws, tomove debt matters out of the courts asfar as possible and to ensure that thereare clear, viable and respectful options forpeople who can no longer afford to keepup repayments.

Below we list some of the resources wehave developed to help people tackleissues on which we campaign. Moreinformation is available from our websiteor by calling us at 1890 350 250.

As a voluntary organisation, FLAC canprovide first-stop information on yourlegal queries through our telephoneinformation line and you can accessbasic legal advice from a solicitor orbarrister in one of our centres. Youcan find a list of our legal advicecentres nationwide on our website oryou can phone our LoCallinformation line at 1850 350 250 toget some basic guidance on yoursituation.

www.flac.ie/gethelp/

For information on how to access thestate system of civil legal aid, whichoffers legal advice and representationon non-criminal law matters, you canread the FLACsheet on Legal Aid. It isa comprehensive guide to the serviceprovided by the state Legal Aid Board.

www.flac.ie/publications/legalinformation.html

If you have been refused a socialwelfare payment but feel that you stillhave a case to make, you can learnabout your options to appeal thedecision in FLAC's Guide to the SocialWelfare Appeals Process. FLAC hasalso prepared a Factsheet on theHabitual Residence Condition whichis used to determine whether foreignresidents or returning Irish nationalsare entitled to social welfarepayments.

www.flac.ie/publications/social-welfare-flacs-guide-to-

sw-appeals-process/

www.flac.ie/publications/habitual-residence-condition-

guide/

FLAC has also submitted its proposalsin the lead up to the next Budget2012.

www.flac.ie/publications/prebudget-2012-submission/

People who have acquired goodsusing the hire-purchase system andwho are struggling to make paymentsare advised to read FLAC's Factsheeton Terminating Hire-Purchase Agree-ments, which is based on our work inthe recent Gabriel case.

www.flac.ie/publications/factsheet-on-terminating-hire-purchase-agreements/

As part of FLAC's ongoing work onaddressing the crisis of over-indebtedness in Ireland, FLAC hasprepared a Factsheet breaking downthe most recent Central Bank figureson mortgage arrears (the year to June2011). There is also our Factsheet onthe Code of Conduct on MortgageArrears which explains what banksmust do when people fall behind ontheir payments.

www.flac.ie/publications/flacsheet-analysis-of-latest-mortgage-arrears-figures/

www.flac.ie/publications/mortgage-arrears-flacs-

factsheet-on-the-code-of-conduct-on-mortgage-arrears/

FLAC is also keen to stress theoverarching issue of human rights in allour work.Every person,by virtue of beinga human being, deserves to live withrespect and dignity, whether that bethrough having basic shelter, enoughmoney to survive or vital access tojustice.

Ireland as a state has commitments underseveral international human rightstreaties. In preparation for the State'simminent examination by its peers underthe UN's Universal Periodic Review(UPR) process on 6 October, FLAC hasproduced a bundle of resources thatserve to point out gaps in the State'shuman rights record and propose ways ofaddressing them, particularly in thecontext of recessionary times:

FLAC Submission to the UPR:

www.flac.ie/publications/flacs-submission-to-the-upr/

Joint Stakeholder Report to UPR(coalition of 17 organisations):

www.rightsnow.ie

FLAC's response to Ireland's NationalUPR Report:

www.flac.ie/publications/flac-response-to-national-

upr-report_july-2011/

FLAC paper on 'Respecting Rights in aRecession':

www.flac.ie/publications/respecting-rights-in-a-recession/

FLACsheet on Realising Rights in aRecession:

www.flac.ie/publications/flacsheet-on-realising-rights-

in-a-recession/



FLAC responds to genderrecognition report

Nearly four years after the HighCourt ruled that Ireland wasin breach of the European

Convention on Human Rights for notproviding for legal recognition of trans-gender persons, a Government-appointed Advisory Group on GenderRecognition published its report in July.Minister for Social Protection JoanBurton promised to introduce legislationas soon as possible.

FLAC, which had represented Lydia Foyin the case that led to the High Courtjudgment, issued a detailed response tothe Advisory Group Report inSeptember.We welcomed the Report’sunequivocal call for full legal recognitionof transgender persons in their acquiredgender for all purposes, including theright to marry or enter into a civilpartnership. It also recommended theestablishment of a fairly simple no-costprocedure for granting genderrecognition.

We welcomed in particular the Report’srecommendation that applicants shouldnot be required to undergo genderreassignment surgery before they couldbe recognised in their acquired gender.Gender reassignment surgery is highlyinvasive and traumatic and could bedangerous and even life-threatening forsome people. Most countries that haveintroduced gender recognition in recentyears, including the UK, have not insistedon surgery as a pre-condition.

However, FLAC was disappointed atsome aspects of the Report by theAdvisory Group, which was made up ofcivil servants and contained norepresentatives of the transgendercommunity, the people about whosewelfare it was advising. The mostcontroversial issue in the Report was aproposal that any transgender personwho was already married must divorcebefore applying for recognition so thatthe relationship would not turn into asame-sex marriage. A similar provision

has already caused hardship in the UK,where elderly couples, who have beenmarried for years and want to staytogether, have been told they mustchoose between their marriage and thetransgender partner obtaining legalrecognition.

The position here would be even worse,because in the UK there is provision fora speedy divorce and entering into a civilpartnership instead, whereas in Ireland acouple must live apart for four yearsbefore applying for a divorce and thenconvince the court that theirrelationship has irretrievably brokendown. The Advisory Group ack-nowledged that all the submissions theyhad received on this issue opposed anysuch requirement but said they hadreceived legal advice that to do anythingelse would be unconstitutional.However,in Germany and Austria, the constitu-tional courts have recently said theopposite, holding that a compulsorydivorce requirement would infringe thecouple’s basic constitutional rights. FLACsuggested that to require people todissolve their marriage against theirwishes would violate the strongprotection of marriages in the IrishConstitution.

Another disappointing aspect of theReport was that it rejected FLAC’s

proposal that the Equality Acts beamended to specifically outlawdiscrimination on the basis of genderidentity so as to protect transgenderpersons in the course of transition.

We also criticised the use throughoutthe Report of the term ‘transsexual’,which many transgender persons dislike,and more centrally the requirement of adiagnosis by a psychiatrist that theapplicant is suffering from ‘GenderIdentity Disorder’. Many transgenderpersons resent this because they feel itsuggests that they suffer from somemental illness. Unfortunately, the term‘Gender Identity Disorder’ is used ininternational medical texts, but there is agrowing lobby to change this.

We suggested that the legislation shoulduse a less controversial description, suchas saying that an applicant’s perceivedgender identity is not congruent withher/his currently assigned gender.

We also recommended that when thelegislation was passed, the Ministershould issue regulations or protocolsparticularly to govern the situation ofyoung transgender persons in theeducation system and to enable schoolsto facilitate them and protect them frombullying and harassment.

FLAC has made these criticisms andsuggestions in a constructive spirit. Wewelcome the long overdue proposal fora Gender Recognition law, but we wantto see it improved and to avoid problemsand mistakes made in other countrieswhen we have the chance. Thetransgender community, which hassuffered so much prejudice, hostility anddiscrimination over the years, deservesno less. And we want to see thislegislation introduced quickly. It is 14years since Lydia Foy began her legalbattle to secure legal recognition. Sheshould not have to wait any longer.

Dr Lydia Foy with Minister for SocialProtection Joan Burton TD at the launch

of the GRAG report.

Read FLAC’s submission at:www.flac.ie/publications/policy

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Demand rising for FLACinformation and advice

Telephone information lineFLAC’s telephone information andreferral line is busier than ever. With6495 calls received by the end of June2011, this is a marked increase on thesame period last year. Almost one infour callers to FLAC’s telephoneinformation line seek advice on familylaw matters, reprising the trend in 2010.

Debt-related queries have now becomethe second most frequently requestedarea of inquiry, with 11% of all callsrelating to a debt issue. This is a 64%increase over the same period last year.There has been a marked increase inthe number of calls around mortgagearrears along with credit card debt andpersonal loans. It is notable that callersoften site a combination of distressedloans, which impairs their ability tohonour short-term sources of financeor pay utility bills.

Employment law is the third mostcommon area, with changing the termsof employee contracts and unfairdismissal complaints dominating theagenda. However FLAC has still seen a30% increase in the number ofemployment queries compared with thesame period last year.

Statistics from the telephoneinformation line reflect the currenteconomic climate, with an 11%decrease in the number of consumer-related queries and a 66% rise in thenumber of social welfare queries.

Legal information centresFamily law, employment law and debtlaw queries respectively also dominatein our legal advice centres around thecountry.During the first half of 2011 thenumber of FLAC centres participating inour Data Collection Programme rosefrom 54 centres across the country to59. By the end of June 6467 forms werereturned to FLAC head office,compared with 5378 in the same periodlast year. This shows roughly a 20%increase in the number of people

attending FLAC centres, and theprogramme gives us an importantinsight into the legal needs of ourcallers.

In the centres family law continues toaccount for roughly one-third of allvisits. Of the 2046 family law queriesdiscussed in the centres, 47% related todivorce/separation, 32% tocustody/access/guardianship, 27% tomaintenance, 15% to family home, 8% todomestic violence and 4% to otherfamily law issues.

Employment law continues to be thesecond most commonly discussed area,accounting for 15% of all queries. Of the

980 employment queries discussed inthe centres in the first half of 2011, 27%related to contract terms, 27% todismissal, 21% to redundancy, 8%discrimination, 8% payment of wages,7% bullying in the workplace and 12%other employment law queries.

The number of debt-related queries inthe centres rose by 44% compared withthe same period last year. Of the 520debt related queries discussed in thecentres 41% were related to mortgagearrears, 30% debt collection pro-cedures, 24% personal loans, 4% hirepurchase, 3% utility bills and 7% otherdebt-related queries.

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Some stark facts on troubled mortgages

The latest quarterly figures onthe extent of residentialmortgage arrears released by

the Central Bank on Monday 29August are deeply worrying andconfirm an accelerating upward trendin the incidence of both arrears andrestructures. Conversely, levels ofnew repossession cases being lodgedand Possession Orders being grantedin the courts are by and large holdingsteady.

However, the comparatively low levelof repossessions should not beallowed to disguise the fundamentaldeterioration in the personal financialcircumstances of so many families inthis country. Mortgage lenders aregenerally not suing borrowers but notout of generosity. Faced with acombination of depressed propertyprices and negative equity, manyappear to be ‘tolerating’ arrears – forthe moment.

Put simply, at the end of 2010, one inten mortgages was in trouble. ByMarch 2011, it was one in nine. Nowalmost one in every eight mortgagesis struggling, amounting to 95,158 ofthe total number of 777,321,comprising 55,763 mortgages inarrears and 39,395 ‘restructured’mortgages. Of the mortgages inarrears, 72% have been in arrears formore than six months and the averageamount of arrears in this category is

over €21,000 per household. Comingback from a deficit of this order islikely to be very difficult without amajor transformation in theborrower’s financial circumstances.

In turn, although mortgages in therestructured category are describedas ‘fully performing’, they are onlyperforming according to the terms ofthe restructuring arrangement. It isworth noting that the Central Bankitself states that "the data collected

on restructures relate solely to thoseprincipal dwelling house mortgagesrestructured due to financial distress"- in other words, the 'restructures'figure is about people who can nolonger afford to pay the mortgage ontheir homes and have negotiated withtheir lender.

Despite the relatively low level ofrepossession cases, mortgage lendersnow hold a stock of 809 repossessedproperties up from 692 in March2011.The number of houses returningto lenders – whether as a result of acourt order or a voluntary surrender/abandonment by the borrower – hassteadily increased quarter uponquarter.

More houses therefore come back tolenders in each quarter than they areable to sell on the housing market.For example, in the quarter from Aprilto June 2011, 173 properties cameback to lenders (54 repossessions,119 surrenders) but only 56 of theexisting stock of repossessed houseswere sold.

It is also clear that the number ofPossession Orders granted by courtsover two years since the CentralBank started to gather figures (July2009 to June 2011) substantiallyexceeds the number of cases thathave ended in a forced repossessionby the lender. Some 909 PossessionOrders have been granted during thistime, with 263 actual repossessionstaking place. There is evidence herethat lenders are obtaining orders in anumber of cases but not executingthem and again, the depressed state ofthe property market and the spectreof negative equity may well explainthis.

Those inclined to minimise the extentof the personal debt crisis would dowell to examine these figures a little

bit closer, demand more detailedinformation and ask why nocomparable figures are available forunsecured debts in difficulty, such aspersonal loans, credit cards, creditsales and hire-purchase agreements.

The Central Bank should require thisdata from all lenders in order topresent a picture of where we reallystand. For example, how manyborrowers are in arrears or, in thecase of restructured mortgages, are innegative equity? How many havesubstantial unsecured debts as well asa mortgage in trouble? We wouldsuggest that the answer in both casesmay be the sizeable majority.

FLAC believes, therefore, that anyviable solutions to the problems ofwidespread over-indebtedness acrossour society must encompass all debts.

In this regard, although mortgage debthas dominated the headlines recentlywith another ‘Expert Group’ set toreport before the end of September,FLAC sadly notes there is still no signof personal insolvency legislation.

DEBT CRISIS UPDATE:

Download FLAC’s analysis of the latest mortgage arrrears figures

from our website.



The Gabriel case – some relieffor hard-pressed hirers

Large numbers of consumersavailed of hire-purchase (HP)arrangements during the boom

years, paying quite high rates of interestin many instances to facilitate thepurchase of vehicles. HP was sold in themain by garages, which acted as creditintermediaries for the finance housesand received a commission for lining upthese deals. A critical point notnecessarily understood by many is thatownership of the goods does not passfrom the finance provider (or owner)to the borrower (or hirer) until thefinal instalment payment is made. Thehirer is therefore effectively onlyrenting an asset that is losing its valueevery year. The hirer also has no legalright to sell that asset should he or sherun into financial difficulty.A typical HPagreement would be of 60 monthsduration which is a long time to bepaying expensive instalments when infinancial difficulty. Levels of default havetherefore naturally increased as therecession has worsened, with manyconsumers unable to continuepayments.

Section 63 of the Consumer Credit Act1995 (CCA), which allows for the earlytermination of HP agreements by thehirer, offers some light at the end of thetunnel. Colloquially known as 'the halfrule', this section states that aconsumer hirer wishing to terminate aHP agreement early must notify theowner in writing of the termination.The hirer then has the option to eitherbuy the goods outright for an agreedsum, or return the goods and pay thedifference between what has alreadybeen paid and half the HP price. If overhalf the HP price has already been paidat the point the agreement isterminated, the hirer will only be liablefor any arrears that may have accrued, ifany. Finally, the hirer may also bepotentially liable for any failure to takereasonable care of the goods.

Armed with this section, many hard-pressed hirers have been attempting to

exercise the right to terminate andhand back the goods in recent years.However, faced with an increasingnumber of second-hand cars beingreturned in a depressed market forvehicles, the finance providers took adifferent interpretation of S.63 of theCCA, in contrast to consumer advo-cates such as FLAC and the MoneyAdvice and Budgeting Service (MABS).In brief, this involved arguing that thefinance provider was entitled to insiston payment of any shortfall and/or thepayment of arrears before it wouldaccept the return of goods. Essentially,this is the same as imposing a pre-condition that many hirers cannot meetbecause they cannot afford it; arequirement to pay what is often asubstantial sum of money up front. It istempting to suggest that this positionwas arrived at to deliberately block thereturn of vehicles and any consequentloss for the finance provider.

A High Court appeal brought by FLACon behalf of a consumer has, however,recently clarified the rights of hirerswhen seeking to avail of Section 63.Thejudgment of Mr Justice Hanna on 27 July2011, establishes that where aconsumer wishes to end a hire-purchase agreement early, financecompanies are not entitled to insistupon such a pre-condition. In thisparticular case, the hirer had obtained acar on HP from GE Money in 2008, butsought to end the agreement in 2009when she ran into financial difficulty.Working with the support of her localMABS, she gave written notice toterminate the agreement and tried toreturn the car. However, the companyrefused to accept the vehicle back untilhalf of the total HP price had been paid.This would have involved Ms Gabriel

paying a lump sum of around €2000,which she was clearly not in a positionto do. In turn, the company refused to

accept her offer of some €65 permonth to gradually discharge herliability. The hirer then made acomplaint to the Financial Services

Ombudsman, who agreed with GEMoney’s view that the shortfall must bepaid before the car could be returned.

In allowing the appeal, Mr Justice Hannafound that there was no legal basis forGE Money to insist upon this pre-condition prior to the return of thevehicle and held that the Ombudsmanhad made a "significant error" ininsisting that the compensation be paidup front, although the finance companywas entitled to be paid what it may beowed by the hirer. He concluded that:

“to insert the precondition ofdischarge of liabilities, would, in myview, amount to an effectiveamendment to the legislation,something which neither therespondent nor this Court is entitledto do. If it was the intention of theOireachtas to render termination ofa Hire Purchase agreementcontingent upon discharge ofliabilities it would have said so.”

See the FLAC website for thefull text of the judgment. We

have also prepared afactsheet on what to look out

for when terminating HPagreements - download it at:

www.flac.ie/publications/factsheet-on-terminating-hire-

purchase-agreements

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SSttaattee mmuusstt hhoonnoouurr ccoommmmiittmmeennttss (OPEN), the Wheel and the NationalWomen’s Council of Ireland (NWCI).All organisations present called on theMinister to honour the Programme forGovernment pledge to maintain socialwelfare rates. Child Benefit wasparticularly prominent, as the NWCIdescribed it as the “easy target” inrecent budgets and others explainedhow cuts had negatively impacted onchildren and their families. Fuel povertywas also a recurring theme with anumber of organisations representingolder people and disabled peopledepicting the negative effects that thecuts to fuel allowance has had on theirclient-base.

FLAC raised concerns about unfairprocesses and systemic difficultieswithin the social welfare system.Noeline Blackwell, FLAC’s Director,highlighted to the Minister and herofficials the State’s international humanrights obligations and stressed thatthese “are every bit as binding as ourcommitments to the IMF and EU”. Shespoke of how it was up to Governmentto determine how to realise humanrights in a time of recession, but that ithad no choice but to take positive stepsto implement these rights whether thisis done through poverty impactassessments or otherwise.

FLAC took this opportunity todisseminate its “Respecting Rights in aRecession” FLACsheet; we hope it willbe a useful resource to those who seekto understand how the State iscommitted to human rights in itsinteractions with people living withdisadvantage. The leaflet outlines howinternational obligations cannot beignored in times of financial difficulty.Instead, the State must use its resourcesto maximise impact and ensure thatevery person in Ireland can live indignity.

In addition, the Habitual ResidenceCondition, which remains a key concernfor FLAC, came up as a complex pieceof law causing problems for a number ofgroups who are already marginaliseddue to their social status, includingTravellers, victims of domestic violenceand migrants. FLAC also called on theMinister to ensure that the MoneyAdvice and Budgeting Service (MABS) isrecognised for its important work andgiven adequate support and resources.

Minister Burton was clear on the harshrealities which Budget 2012 will bringfor our social welfare system. However,she wound up the forum by respondingto some of the key concerns raisedduring the course of the day, including

one issue raised by FLAC around thefailure to allow people to apply for apayment and have that applicationprocessed in line with fair procedures.The Minister stated that anyone couldmake an application and that officialsencourage people to make applications.She spoke about her own interactionwith departmental staff on the frontlineand stated that she hoped to use theskills of staff – particularly ofCommunity Welfare Officers and FÁSemployees recently integrated into herDepartment – to ensure that peopleare advised on their tailored options forwork, education and training. She alsorecognised the importance of MABS forpeople who are negotiating anagreement with banks.

Human rights begin athome: from globalcommitments to localconsequences.

FLAC's focus on the State’s humanrights obligations in our pre-budgetstatement comes from the belief thathuman rights begin at home. This yearalone, the State’s human rights recordhas been scrutinised by a number ofinternational mechanisms including the

Pictured L-R at the pre-budget forum are FLAC Policy and Campaigns Officer Saoirse Brady,Threshold Executive Director Bob Jordan and FLAC Director General Noeline Blackwell.

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ttoo hhuummaann rriigghhttss,, nnoott jjuusstt IIMMFF//EEUUUN Expert on Human Rights andExtreme Poverty, the UN Committeeon the Elimination of all forms of RacialDiscrimination and most recently theCouncil of Europe Commissioner onHuman Rights who issued his report inSeptember 2011.

All of the recommendations made bythese experts are clear: human rightscannot be dropped in times ofausterity. As the State is about toundergo its examination under theUniversal Periodic Review mechanismin Geneva on 6 October, governmentsfrom all around the world will questionIreland’s commitments to human rightson the ground. These countries willassess whether we are meeting oursolemn commitments to the best ofour ability. It must be stressed thatIreland's newly diminished resourcesdo not mean we can waive our humanrights commitments.

In its National UPR Report, the Statefailed to address adequately a numberof issues that are of particular concernto FLAC. These include the issues offairness in the social welfare system,over-indebtedness among non-businessdebtors and the insufficient legal aid forthose most in need. Ultimately, FLAC'sconcerns centre on access to state

systems. If we must have a state systemof government – which most peoplewill agree is necessary for a civilisedsociety – then it should be one that isat least fair as well as effective andefficient.

The issues FLAC and otherorganisations have underlined may nowbe raised by the State’s peers duringthe UPR examination on 6 October.FLAC has brought its issues of concernto the attention of a number ofgovernments. It is to be hoped that thiswork will inform the recommendationsmade by the Human Rights Council. Inthe end, whether or not the Irish statekeeps to its human rights commitmentshas very clear consequences for thelives of people all over the country - onquestions like housing, social welfare,access to legal information and adviceand recognition of gender identity anda host of other areas.

This is why 6 October is a veryimportant date for people all overIreland.

8See the adjoining panel tothe right for moreinformation on the UPRand associated resources.

OOnn 66 OOccttoobbeerr 22001111,, IIrreellaanndd wwiillll bbeeeexxaammiinneedd ffoorr tthhee ffiirrsstt ttiimmee bbyy tthheeUUnniitteedd NNaattiioonnss oonn oouurr hhuummaann rriigghhttssrreeccoorrdd uussiinngg tthhee UUnniivveerrssaall PPeerriiooddiiccRReevviieeww mmeecchhaanniissmm.. IIff yyoouu hhaavveebbrrooaaddbbaanndd iinntteerrnneett aacccceessss,, yyoouu ccaannffoollllooww tthhee UUPPRR pprroocceessss lliivvee ffrroommGGeenneevvaa oonn hhttttpp::////wwwwww..rriigghhttssnnooww..iieeffrroomm 88aamm ((IIrriisshh ttiimmee)) oonn 66 OOccttoobbeerr..

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TThhee UUNN hhaass aallssoo iissssuueedd aa UUPPRRSSttaakkeehhoollddeerr RReeppoorrtt:: hhttttpp::////wwwwww..oohhcchhrr..oorrgg//EENN//HHRRBBooddiieess//UUPPRR//PPAAGGEESS//IIEESSeessssiioonn1122..aassppxx

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On Tuesday 27 September, the'Your Rights Right Now'campaign announced the

winners of its competition jointly runwith the Youthreach programme askingyoung people to express themselvesabout the important human rightsissues affecting their lives.

First prize was presented by FLAC'sNoeline Blackwell to Lauren Donovanfrom Sherrard St Youth Reach CentreDublin (see picture left). Laurencreated a video montage on DomesticViolence to win the top honour and

will now travel to Geneva to attend theUPR examination on 6 October.

Second prize went to Clare King fromKiltimagh Youthreach Centre in CoMayo for her compilation of diaryentries, written in the voice of hersister, outlining her family's struggle tocope with her infant daughter's illness.Third prize went to Thomas Larkin,also from the Sherrard StreetYouthreach Centre in Dublin, whoconducted an ambitious and detailedsurvey of discrimination in hiscommunity.

CCoommppeettiittiioonn rreeccooggnniisseess ccrreeaattiivviittyy ooffyyoouunngg ppeeooppllee oonn hhuummaann rriigghhttss



Thomas Addis EmmettFellow: Fiona McNulty

I spent nine weeks in Seattle on FLAC'sThomas Addis Emmet FellowshipProgram, interning at WashingtonAppleseed, providing research assistanceat the University of Washington andattending classes at the School of Law.

Washington Appleseed is a non-profitwhich seeks to achieve social justice byworking closely with communityadvocates and utilising pro bonoresources. I worked from the offices oflaw firm Foster Pepper on a number ofprojects. The first concerned ‘datamining’, which is quite common in theUnited States. Data processingcompanies search public records tocollect information on as manyindividuals as possible.This allows themto maintain a private database, and whena prospective landlord or employerrequests a background check, the datamining company may provide moreinformation than is intended to beavailable, as many public records aresubject to impingement.

Furthermore, the public record may bepoorly recorded; for example, it showsan arrest for an individual, but if thearrest was a case of mistaken identity,this will not be clarified. The most

significant consequence of this practiceis that low income individuals andfamilies are excluded from potential jobsor housing due to inaccurate back-ground checks. My task was to explorethe ways in which the Washingtonlegislature could tackle this problem,given restrictive federal laws in this area.

The second project concerned the issueof substandard housing in Seattle and theproblems for low-income andmarginalised tenants caused by negligentlandlords. I examined issues such as theprocedures for seeking state relief, howlandlords may retaliate against tenants ifthey try to enforce their rights and morespecific housing issues like mould.

I enjoyed the classes at the university,where I heard from a range of legalprofessionals, from Supreme Courtjudges to law librarians to prosecutorsand defence attorneys, gaining a valuableinsight into the workings of theAmerican legal system. I also assistedProfessor Walter Walsh with researchon the Lisbon Treaty. Lastly, Ivolunteered at a food bank in Seattle,where I felt I was able to put intoperspective the summer’s work.

William Sampson Fellow:Thomas Hudson

The University of Washington School ofLaw awarded me the William SampsonPublic Fellowship in Comparative PublicInterest Law, which provided anopportunity to complete a summerinternship with the Public Interest LawAlliance (PILA) division of FLAC inDublin, Ireland. The organisation has astrong commitment to helping thedisadvantaged assert their rights and Iwas honoured to assist them in theirendeavours.

The work I did for PILA surroundedresearching class actions lawsuit

procedures in Europe, Ireland, andAmerica. Contrary to the United States,which has a strong (if threatened) classaction procedure, Europe is new to theidea of class actions. Ireland has yet toadopt such a procedure.The class actionprovides a powerful tool for society’sdisadvantaged individuals to receiveredress against those entities morepowerful than themselves. PILA wishedto gain a better understanding of howimporting a class action procedurewould benefit public interest law inIreland. I have also been contributing tothe PILA Bulletin, which is an invaluableand non-partisan resource for up-to-the-minute public interest law news andinformation.Through contributing to theBulletin, I learned how to write about thelaw for publication, which I had notpreviously had the opportunity topractice.

Working with PILA and FLAC, I learneda great deal about the differencesbetween European, Irish, and AmericanLaw. While Ireland and America comefrom a similar common law tradition,there are large differences in terms ofthe law and legal culture of these twosocieties. Learning about thesedifferences greatly increased myunderstanding of the world’s legaldiversity, which will be invaluable as Icontinue my legal education in America.

FFLLAACC FFeelllloowwsshhiippss 22001111

Thomas Addis Emmet Fellow for 2011, FionaMc Nulty, with Prof Walter Walsh of the

University of Washington, Seattle.

Thomas Hudson

Each year FLAC sends a law student to the University of Washington, Seattle as part of its Thomas Addis EmmetFellowship programme.We also welcome a UW law student to our offices for the summer as part of UW's William

Sampson Fellowship.This year,Trinity College Dublin Law Graduand Fiona McNulty is the Thomas Addis Emmet Fellow,while Thomas Hudson was the William Sampson Fellow.They describe their experiences below.



Judgment is expected shortly in ajudicial review case taken by aFLAC client seeking access to

previous decisions by the SocialWelfare Appeals Office (SWAO) incases similar to hers. The applicant hasbeen recognised as a refugee andwanted to see other decisions byAppeals Officers on when refugeesqualify for social welfare payments.

The SWAO had refused her request,saying they do not keep copies ofdecisions by Appeals Officers but sendthem back to the relevant section ofthe Department of Social Protection,which is the respondent in social

welfare appeals. The Department inturn says it does not maintain adatabase of the appeal decisions.

The SWAO does put a sample ofdecisions on its website in summaryform, but these do not cover the issuethe applicant in this case was lookingfor and even if they did, applicants haveno way of knowing how representativethe selected decisions are.

The SWAO argued that previousdecisions would be of no assistance tothe applicant because they are notlegally binding, but the applicant saidthat knowing how other similar cases

were dealt with would help her presenther case more effectively; further, shewas entitled to know whether theAppeals Officers were consistent intheir decisions.

The SWAO also said it had recentlybegun to record appeal decisions on aninternal database but this would not bemade available to appellants or theDepartment.

The case was heard in the High Courtin June and judgment was reserved.Theoutcome could have a significant effecton other SWAO appeals as well as theapplicant’s.

HHaammmmaarrbbeerrgg ccaallllss ffoorr ssttaattee ttoo rreessppeecctthhuummaann rriigghhttss iinn aauusstteerree ttiimmeess

CCoouurrtt ttoo rruullee oonn aacccceessss ttoo ssoocciiaall wweellffaarree ddeecciissiioonn

Following his follow-up visit toIreland in June 2011, ThomasHammarberg, the Council of

Europe Commissioner for HumanRights, has released his report focusingon the human rights of vulnerablegroups in times of austerity.

The report builds on comments by theCommissioner following his last officialvisit in 2007.He notes cuts to the humanrights and equality infrastructure, whichis especially relevant given the recentannouncement by Justice MinisterShatter of a planned merger of the IrishHuman Rights Commission and theEquality Authority. CommissionerHammarberg stresses that “enhancingthe effectiveness and independence ofexisting human rights bodies is core tohuman rights protection in times ofbudget cuts”, noting the lack of anational human rights action plan whichcould “provide guidance for decisionmakers and society alike”.

Commissioner Hammarberg calls on thegovernment to strengthen the nationalsystem for protecting and promotinghuman rights, in particular calling for theIHRC to be made accountable directly

to the Oireachtas.He also welcomes thestep to expand the Ombudsman’s remitto all public bodies and recommendsthat this important mechanism be givenconstitutional status.

The report addresses some issues raisedin FLAC’s submission to theCommissioner. While he “notes withappreciation the commitment expressedby the authorities to introducelegislation based on the report of theGender Recognition Advisory Group”,he expresses concern that Lydia Foy hasstill not received her birth certificate inher female gender.

The application of the HabitualResidence Condition also alarmedCommissioner Hammarberg. He re-marks on the problems which “seem tohave increased greatly since theeconomic recession” and the “lengthyappeal procedures”, hoping that the newHRC guidelines will offer a remedy.

In terms of direct provision for peopleseeking State protection, theCommissioner comments on criticismsof the system put forward by the Dublinoffice of the UN High Commissioner for

Refugees and cites FLAC’s report, OneSize Doesn’t Fit All.During a meeting withMinister Shatter, he discussed theprolonged period of time people spendin the process and the “negativeconsequences regarding mental health,family relationships and integrationprospects”. In this context he welcomesthe Minister’s assurances that work onlegislation to introduce a singleprocedure will continue, which will offergreater transparency and reduce thelength of time people have to wait for adecision on their claim for protection.

While the Government has respondedto some issues in the report, FLAC issorry to note that it has not commentedon the urgent need to introduceTransgender legislation, nor on stepstaken to ensure the correct applicationof the Habitual Residence Condition noron any plans to review and improve thesystem of direct provision for asylumseekers and others seeking anotherform of protection.

Read the Commissioner’s fullreport at: http://url.ie/d88k

FLAC’s submission is at www.flac.ie/publications/policy



FLAC is currently working on areport that explores the processfor appealing social welfare

decisions in the State. Our aim is toassess whether it offers an accessible,fair and independent means of review-ing such decisions. FLAC hopes to buildon the 2005 report published byNorthside Community Law Centre, as

many of its recommendations remainunimplemented and are even morerelevant in 2011, when the socialwelfare system is under even greaterstrain.

Through its social welfare appealscasework, FLAC has encountered anumber of issues in the administrationof the current appeals process whichcreate problems for both appellants andadvocates using this mechanism. FLACintends to use its own experience aswell as that of other colleagues andpartners to identify any potentialimprovements or changes which couldbe made.

FLAC will consult with other advocatesand representatives in autumn 2011 andwill publish this report in early 2012.

RReeppoorrtt wwiilllleexxaammiinneessyysstteemm ooff

ssoocciiaall wweellffaarreeaappppeeaallss

On 15 September 2011,the EU-funded trESS(training and reporting

on European Social Security)network hosted a seminar inDublin on the ‘Coordination ofsocial security in Europe –guidance and support formigrants on entitlements and onaccess to them’.

During the morning session,visiting trESS expert ProfessorJean-Philippe Lhernould outlinedthe administrative challenges forofficials involved in the co-ordination of European socialsecurity regulations and RobCornielson of the EuropeanCommission highlighted somerecent developments in EUlegislation and case-law.

The focus of the seminar shifted inthe afternoon to the practicalapplication of EU social securityregulations in the national contextand the experiences of migrantsaccessing their entitlements. Inthat respect, Wayne Stanley ofFocus Ireland (formerly ofCrosscare) highlighted problemswith the application of theHabitual Residence Condition aswell as a lack of transparency inthe social welfare appeals process.

A number of Governmentofficials from the Czech Republic,Poland and Lithuania attendedthe seminar as well as officialsfrom the Department of SocialProtection.

SSeemmiinnaarr oonnccoooorrddiinnaattiinngg

ssoocciiaall sseeccuurriittyy iinn

EEuurrooppee

The Department of SocialProtection recently advertisedfor expressions of interest to

make submissions to a newlyestablished Advisory Group on Tax andSocial Welfare.The Group will examinea number of priority areas, the first ofwhich relates to child and familyincome supports.

FLAC made a submission to theAdvisory Group outlining the State’shuman rights commitments with aparticular focus on the rights of thechild as well as the right to family lifewhich must be taken into account whenconsidering any changes to current childand family income supports.

FLAC highlighted the rights contained inthe UN Convention on the Rights ofthe Child which prohibit anydiscrimination on the basis of a parent’sstatus as well as guaranteeing that thechild's best interests are taken intoconsideration in all decisions relating tohim or her. The EU Charter ofFundamental Rights which is legallybinding on the State also protects thebest interests of the child and promotesthe right to family life.

One of the key concerns highlighted by

FLAC is the issue of Child Benefit,which should be restored to its formeruniversal status. It was noted that sincethe introduction of the HabitualResidence Condition in 2004 aninequality had arisen between childrenliving in the State, as those whoseparents are awaiting a determination ontheir claim for protection cannot satisfythe condition and therefore areineligible for the payment. Given thatthere are only 2100 children living indirect provision, if the payment wasextended to this small group the costwould be about €3.5 million per year.

While the Advisory Group has beeninstructed to consider proposals in a“cost-neutral or cost-reducing con-text”, it is paramount that the Statedoes not take any steps to roll back onits human rights obligations. It mustmake sure that it maximises itsresources to realise the human rightsof the most vulnerable groups relianton social welfare payments.

FFLLAACC:: BBeesstt iinntteerreessttss ooff tthheecchhiilldd mmuusstt gguuiiddee ssoocciiaall

wweellffaarree ssppeennddiinngg

Information on the AdvisoryGroup can be found at

www.welfare.ie and FLAC’ssubmission is available at

www.flac.ie/publications/policy

Read more athttp://www.tress-

network.org/

UUnnlloocckkiinnggllaawwyyeerrss''

ccaappaacciittyy ffoorr pprroo bboonnoo

PILA recently spoke with Nicolas Patrick,who is a full-time pro bono partner atDLA Piper's Sydney office, and its Headof Pro Bono in the UK, Europe, MiddleEast and Asia-Pacific. Nicolas sets thestrategic direction of the firm's pro bonoprogram and leads the firm's thinking oncommunity investment through pro bonoin these regions.

Nicolas is keen to emphasise thatcommitment to pro bono – doing legalwork free of charge for the public good– is part of the culture of DLA Piper,both philosophically and practically.Identifying law firms in domestic marketswith a similar culture to the parent is akey component of the firm's continuedexpansion. DLA Piper's commitment inall its offices worldwide to pro bono isimpressive when you consider the scaleof the firm's operations – 4,200 lawyersin 76 offices, across 30 countries. In2009, the firm invested more than164,000 hours of corporateresponsibility and pro bono work.

Nicolas is very clear about what lawfirms need to do to “unlock thecapacity” of their fee-earners to do probono work – firms need to integrate probono into their working procedures andsystems. Some examples include:

i the firm's client managementsystems allow pro bono matters andclients to be entered and managedin the same way as billable clients;

i pro bono work is given equal statusto paid work, and this is practicallyimplemented by way of fee credits.This means that for an individuallawyer's budget, there is nodistinction between pro bono andother types of work;

i in each DLA Piper office, a seniorpartner – who has a real personalinterest in pro bono – is designated asthe corporate responsibility/probono partner; and

i the firm's financial systems enabledisbursements to be paid for probono matters.

When asked why lawyers should do probono, Nicolas stressed that lawyers havespecial skills and a privileged position insociety.“As lawyers we have a monopolyon the provision of legal assistance,” hesays, “and access to the law should notbe reserved for those who can pay.”

Nicolas also spoke of the ever-increasingclient demands for law firms to seriouslycommit to pro bono and corporate socialresponsibility.Whereas ten years ago, thequestion posed to law firms in a tenderwas,“what pro bono work does your firmdo?”, the question now is “what specificpro bono work has each of the namedpartners in this bid undertaken in thepast twelve months?” The firm activelywelcomes that kind of interrogation, andeven encourages it at the other end ofthe spectrum – recruitment. He tells lawstudents that if a law firm is not givingspecific details about its pro bonoprogramme, "that's a warning sign thatthere may not be a serious commitmentto pro bono in that firm."

We also asked Nicolas why pro bonoshould happen in a structured way, ratherthan on an informal or impromptu basis.He said that a structured approach to probono is necessary to identify unmet legalneed, and understand where lawyers canhave the most impact.Without structure,according to Nicolas, “you're dependenton what comes through the door!”



PPUUBBLLIICC IINNTTEERREESSTT LLAAWW AALLLLIIAANNCCEEUU PP DD AA TT EE

Nicolas Patrick

i RReeaadd mmoorree aabboouutt DDLLAA PPiippeerr''ss pprroobboonnoo wwoorrkk gglloobbaallllyy::wwwwww..ddllaappiippeerrpprroobboonnoo..ccoomm

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PPIILLAA && PPIILLSS ttoo ccoo--hhoosstt EECCHHRR ccoonnffeerreenncceeOn Friday 11 November, PILA and theBelfast-based PILS Project will host aninaugural joint annual conference atCroke Park Conference Centre on“Political Commitment, PracticalProtection: Using the ECHR North &South.”

The conference focuses on the politicalcommitment to and practicalimplementation of the EuropeanConvention on Human Rights (ECHR) inNorthern Ireland and the Republic ofIreland since 1998’s Good Friday

Agreement. Shami Chakrabarti, Directorof UK human rights organisation Liberty,will deliver the keynote address. Theevent will be chaired by DonnchaO’Connell, Law Lecturer at NUI Galway,and will feature a range of other speakersfrom Northern Ireland and the Republic.The afternoon session considers the useof the ECHR in relation to specific peopleand issues, like children, housing, mentalhealth, prisoners and Travellers.

Registration is free; further details from:www.pila.ie/events



Lianne’s involvement with FLACbegan as an intern in 2007 and hassince evolved to that of Project

Officer with the Public Interest LawAlliance (PILA) team,aiding in its work tolay the foundations for a more active useof law as a tool to achieve progressivesocial change.

Lianne did an undergraduate degree inHistory and Politics at UniversityCollege Dublin followed by a Masters inInternational Human Rights Law with theIrish Centre for Human Rights in NUIGalway. She pursued this interest inhuman rights law working at the HumanRights Law Network, an organisationbased in Delhi, India involved in publicinterest law cases. On her return toIreland, Lianne wanted to deal moresubstantively with domestic humanrights issues. The mixture of legal andhuman rights work being done by FLACgreatly appealed to her and she joinedthe organisation as a legal intern in 2007.The internship gave Lianne an insight intolegal and human rights work in Irelandand led her to a position with AmnestyInternational as Advocacy Officer.After ayear gaining experience in the NGOcommunity with Amnesty, Liannereturned to the FLAC fold when aposition became available within PILA asProject Officer. Given her work in Delhiand her insight into how the work ofNGOs can be enhanced through publicinterest law, she knew it was the job forher.

Lianne’s typical day consists of managingthe pro bono referral scheme, which iswhere the legal needs of NGOs arematched with legal expertise on PILA’slawyers’ register. She liaises withorganisations to identify their specificlegal needs. Part of the referral schemeinvolves organising legal educationseminars on different areas of law. Lianneparticularly enjoys this direct workingrelationship with NGOs and being ableto find solutions to practical issues facingthem and,more importantly, their clients:“We are getting feedback from NGOs atthe moment showing a positive impactfrom our work – that they would not

have been able to achievewhat they did withoutobtaining legal advice orattending a legal educationsession. We hope that willcontinue and becomestronger.”

Conversely, this has alsohighlighted for Lianne theimportance of ensuringthat there are enoughlawyers and law firms onboard to maintain thebalance between the needsof the NGOs and the workof the law firms: “We areworking on increasing theamount of law firmsinvolved with the pro bonoreferral scheme and we aremaking progress with that.”Indeed progress can be seen in the lastyear alone in terms of the number ofNGOs familiar with the scheme, thenumber of referrals to PILA and thenumber of legal education sessions thatare being provided. Significantly, Liannenotes that people are now linking all ofthis progress back to public interest law,a concept which is increasing inimportance and becoming a moreregular part of our national dialogue.

Beneficially for NGOs,public interest lawcan be used to tackle systemic issues andeven help them spot gaps in the firstplace. “So they might notice somethingand think ‘oh, there might be a legalchallenge there’ or maybe 'we need todo a campaign or a law reformsubmission on this'. It is important to tryand get NGOs thinking about publicinterest law and how it can benefit theirclients and their work,” says Lianne.

From the legal sector perspective, PILAis also keen to continue its awareness-raising work, such as its practitionerseminars on human rights and publicinterest law in general. Says Lianne, “forexample, we are having a big conferencein November on the EuropeanConvention on Human Rights. Thatawareness-raising function is very

important; for lawyers, NGOs, studentsand academics – everyone, to knowmore about public interest law in Irelandand how it can amplify the effect of allthe work already being done formarginalised and disadvantaged people.”

Lianne enjoys the variety of issues sheencounters through working withdifferent groups. As PILA doesn’tcampaign directly for the issues of theorganisations, Lianne says “it is great togo out and hear about the differentissues that are occurring and to see thatso much work is going on. It gives you agreat perspective of current issues andthe progress that is being made.”

An area Lianne sees as important for thefuture is the development of more publicinterest law courses in Irish universities,whether through existing human rightscourses or new clinical legal educationprogrammes. She cites a course startingin UCD this year where PILA has hadinput:“I think it is a growing area and theFLAC centres in the colleges are great –they are in most of the universities atthis stage.Working with the students anduniversities to try and encourage themto have clinical legal educationprogrammes with that public interest lawaspect to them will be important.”

FF OO CC UU SS OO NN FF LL AA CC ::

LLiiaannnnee MMuurrpphhyy,, PPIILLAA PPrroojjeecctt OOffffiicceerr



IInnssiiddee tthhee CCeennttrree::LLuuccaann FFLLAACC –– CCeelleebbrraattiinngg 3300 YYeeaarrss

FF OO CC UU SS OO NN FF LL AA CC ::

Lucan Citizens InformationCentre (CIC) celebrated thirtyyears of service this past July,

commemorating the anniversary withan Open Day for the community,associated organisations, local repre-sentatives, staff and all volunteers pastand present. Founded in 1978, it hashelped thousands of local peopleaccess their rights and entitlements.

Donal Costello, Development Managerof the centre, noted the valuable workof those involved and in particularsome long-serving volunteers, two ofwhom were rewarded this year formore than 20 years of service. LucanCIC now operates five days a week andprovides a diverse range of services,their main area being the provision ofcitizen information. This involvesproviding information, advice andadvocacy on a range of issues such associal welfare, health board payments,employment rights and consumercomplaints.

Aside from providing citizensinformation, Lucan CIC also facilitatesthe operation of other services, such asthat of FLAC and MABS, both of whomoperate clinics from the centre oneevening a week.

“The last few years have beenincredibly busy. It has gotten to thestage where we could do with an extraroom here!” says Donal, who alsomanages the Clondalkin CIC. Betweenthe two centres, staff have dealt withover 15,000 queries in the last yearalone. “When I started back in 1998 itwas only a few hundred queries, thereis a complete difference now. Thatcould be down to the fact that we havemore resources and that we have beenopen longer and people know about usmore,” he adds. This also reflectsperhaps a growing population in Lucanand that the CIC has evolved frombeing a completely volunteer-runservice, operating a few mornings a

week, to opening full time with a staffof four employees and fifteenvolunteers. Donal himself has beenworking with the CIC for fourteenyears and says that what he enjoysmost is the passion and dedication ofthe people that work with the CIC.

The FLAC service in Lucan operatesevery Thursday evening, from 7pm to9pm, on a drop-in basis. In the firstseven months of this year the FLACvolunteer solicitors, Kevin O’Gormanand Salma Paryani, have seen about 250clients. Most legal queries were inrelation to family law, followed byemployment law and debt-relatedissues.

Kevin has been a volunteer solicitorwith Lucan FLAC for more than sevenyears and has seen the centre developfrom him seeing two people of anevening to the present day, where therecould be twenty people waiting forlegal advice. He feels that FLAC is animportant first port of call for peopleneeding legal help. “I think people justneed a sounding-board and informationon what step is best to take next.Often what is needed is someguidance, for example if it is an

employment law issue they might needsome help negotiating the revenuesystem,” he says.

Salma has been volunteering for FLACfor more than three years. Like Kevin,what she enjoys most aboutvolunteering is simply being able to helppeople. Not originally from Ireland,Salma also appreciates being able toconnect with people from the localcommunity. “As a foreigner it has givenme more confidence and knowledge.There are no negatives, only positives.Volunteers gain so much – you keeplearning and you are up-to-date withany changes in the law. I wouldrecommend it for anyone,” she says.

After 30 years, Lucan CIC has becomea vital resource to the local communityand one that will hopefully grow withdemand. As Kevin says, the CIC “hasbeen very important for thecommunity, it has become essential.”

Pictured L-R are Kevin O’Gorman, Salma Paryani and Donal Costello.

Lucan CIC is located inBallyowen Castle

Community Centre, Lucan,Co. Dublin. For a list of

FLAC centres see: www.flac.ie/gethelp/

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All at FLAC were saddened atthe death in August of MrJustice Vivian Lavan. He was an

important figure in Irish law circles andparticularly in the development andestablishment of FLAC.

In 1969, alongside three other lawstudents, Mr Justice Lavan founded whatis now the Free Legal Advice Centreswith the ambitious aim of influencingthe government into establishing acomprehensive plan that afforded civillegal aid to those who needed it. In theinterim, these law students started tooffer legal representation and advice tothe public, a service which rapidlyexpanded to supply the demand.

This culminated a mere five years laterin the first community law centre beingestablished and with over sixty lawstudents volunteering at eighty centresaround the country, supported by overfifty solicitors and forty barristers allworking towards the common cause of

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Mr Justice Vivian Lavan (R) with FLAC co-founder Denis McCullough SC

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FLAC is delighted to announcethat the 5th Annual Dave EllisMemorial Lecture will take place

on Thursday, 1 December in Dublin.Thisyear’s lecture will be given by BaronessNuala O’Loan, former PoliceOmbudsman for Northern Ireland, whowill speak on the theme of ‘Access toJustice’. We particularly encourage ourvolunteers from all around the countryto attend the lecture as it is a greatopportunity to gather and acknowledgethe important work done by volunteersin supporting people to understandtheir legal issues and access justice.

Further information about the exacttime and venue for the lecture will beavailable on the FLAC website and inthe PILA Bulletin closer to the time.

providing legal advice to those in need.

Mr Justice Lavan demonstrated alifelong commitment to public serviceand the rule of law.As President of theHigh Court Mr. Justice Nicholas Kearnsnoted, Mr Justice Lavan’s “humanity,sense of humour and his empathy withthe frailty of others” was his greatestasset.

He was appointed to the High Court in1989, became the sitting judge for theHigh Court family law division in 1997,was President of the Law ReformCommission from 1998 to 2000 andserved for 21 years in total on the HighCourt bench.

Our sympathies go to his family andfriends.

flac news autumn 2011

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