flac news autumn 2013

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

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

Hike in legal aid charges willhit poorest in society hardestI n the first changes to the civil legal aidscheme since 2006, the Minister for

Justice, Equality & Defence AlanShatter announced a radical increase inthe basic costs of civil legal aid. TheMinister says he is aiming to reducewaiting lists and increase revenue for thestate Legal Aid Board. However FLAC saysthat closing the door to justice on thepoorest people in our society is no way totackle deficiencies in our country’s legalaid system.

With FLAC calling for a human rightsapproach to decisions in this year’s budget,these increases are yet another exampleof why the government needs to conductsocial impact assessments before makingdecisions that could have adisproportionate impact on lowerincome, vulnerable groups in society.

The changes announced by MinisterShatter on 12 September 2013 include ahike in both the minimum legal aidcontribution from €50 to €130 and legaladvice from €10 to €30. This 160% jumpin the legal aid contribution is one thatqualifying applicants could find difficult topay, considering that this is just a minimumamount before any further contributionbased on disposal income.

Minister Shatter has stated that he hopesthe changes will bring in an extra€700,000 to the Legal Aid Board’s budgetannually. But FLAC suggests there mayactually be a cost to this strategy, if peopleare unable to pay their legal aidcontributions

Further, FLAC anticipates an increase inthe number of people applying for waiversof their legal aid contributions based on“financial hardship” grounds, as the

minister has said this principle will stillapply. However, he did not take thisopportunity to address the currentambiguity around what the Legal AidBoard defines as “financial hardship” andset clear guidelines, as there is nodefinition provided in the Civil Legal AidRegulations 1996.

Right now, the Legal Aid Board and its lawcentres have the discretion to approve awaiver application based on whatever theysee as constituting “hardship”, resulting ininconsistent decisions and financial strainon some legal aid applicants. Guidelinesmight easily be developed with input fromindividuals who experience poverty andmarginalisation and the civil societyorganisations that work with them.

FLAC welcomes the abolition of fees forpeople involved in childcare cases againstthe HSE, which will help people greatly inwhat is already very traumatic andstressful situation.

The disposable capital threshold forqualifying legal aid applicants has been cutfrom €320,000 to €100,000, which theMinister says will bring Ireland in line withother disposable capital limits inneighbouring jurisdictions such as Englandand Wales, Scotland and Northern Ireland.This threshold does not include the familyhome, which is positive.

However, the threshold reduction couldhave a profound effect on access to justicefor people who are ‘asset-rich but cash-poor’ – people like small farmers ortradespeople, who rely on expensiveassets like land and machinery for anincome and thus cannot easily sell themoff to pay for legal assistance. For example,such people may have to pay a higher

Continued on page 8

FLAC has prepared a new guidefor people in mortgage arrearswhich will take them through themechanisms available up toinsolvency. The guide, which is freeto download from the FLACwebsite as a PDF, suggests howborrowers might use the Code ofConduct on Mortgage Arrearsand other options open to them.

FLAC will shortly announcedetails of regional workshops ondealing with the legal side ofmortgage arrears. These areaimed mainly at the volunteerlawyers who maintain ournetwork of free legal advicecentres. However they will beopen to interested parties.

Keep an eye on FLAC’s websiteand on our Facebook/Twitterfeeds for updates & details!

flac.ie | fb.me/flacireland | @flacireland

FLAC Guide tohandlingmortgage

arrears nowavailable

FLAC News Autumn 2013 Printwell_FLAC05 vol15no4 04/10/2013 17:04

Transgender woman Lydia Foy’s 20-year struggle for legal recognitionin her true gender has been

honoured by Europe’s leading diversityawards body. Dr Foy has been shortlistedfor the title of ‘Campaigner of the Year’ atthe prestigious European Diversity Awardsceremony which is sponsored by majorinternational firms including Barclays,Google, Societé Generale, Unilever andAbercrombie and Fitch.

The winner will be announced at a galadinner at London’s iconic Natural HistoryMuseum on 26th September and a “highlycommended” runner-up is often named aswell. Lydia Foy will be one of eightcampaigners shortlisted from all overEurope. Coincidentally, Senator DavidNorris is also on the shortlist, nominatedfor his long struggle for gay rights inIreland.

The European Diversity Awards are likethe Man Booker prize of the equality anddiversity world. Last year there were 500nominations from 20 countries in 13categories, so it is a major achievement tomake the shortlist. And with two Irishcampaigners on the list, there is a goodchance that one or other of them willmake the final two.

Last year’s Campaigner of the Year wasDoreen Lawrence, mother of blackteenager Stephen Lawrence who wasmurdered by a racist gang in London in1993. She was honoured for her long fightto bring her son’s killers to justice. And‘highly commended’ was Benja StigFagerland, a Danish businesswomaninternationally known for campaigning formore women in company boardrooms.

Lydia Foy said she was “surprised and

honoured” to be shortlisted for theaward.

FLAC has represented Dr Foy since 1996when she began a legal challenge to theState’s failure to recognise her in herfemale gender. In October 2007 the HighCourt ruled that the State had breachedher rights under the European Conventionon Human Rights and held that Irish lawwas incompatible with the Convention.Five years later, in January of this year, theGovernment had still not introducedlegislation to recognise transgenderpersons and Dr Foy had to start new legalproceedings to try to secure recognition.

FLAC senior solicitor Michael Farrell saidthe nomination was a major tribute to DrFoy for continuing her struggle over the20 years since she first applied for a newbirth certificate in 1993.

Mr Farrell said: “Lydia Foy’s nomination isalso a rebuke to successive Irish governmentswhich have failed to introduce genderrecognition legislation in the 11 years sincethe European Court of Human Rights held in2002 that the recognition of transpersons intheir true gender was a basic human right”.

Dr Foy’s shortlisting for this importantaward is well timed as it comes just beforean Oireachtas committee is due toconsider the Government’s long overdueand very cautious and restrictive Schemeof a Gender Recognition Bill, published lastJuly. Hopefully, the exposure that theEuropean Diversity Awards will give to theState’s continuing failure to recognisetransgender persons will finally push theGovernment to ensure that generous andinclusive Gender Recognition legislation isenacted without further delay.

flac News | Vol. 23, No. 3

in this edition...Hike in legal aid charges will hit poorest hardest 1 & 8

New CCMA guide 1

Lydia Foy shortlisted for ‘Campaigner of the Year’ in Euro award 2

FLAC calls for greater consumersupport as arrears figures rise again 3Aiding advocacy across borders 3

Statistics: greater demand for help 4Zambrano mother can apply for social housing 4

Woman in subsidiary protection seeks Child Benefit arrears 5

Pre-budget forum allows NGO input 5

Why it makes sense to use plain legal language 6

Putting rights in budget decisions 7

Equality & human rights budgeting event yields united front 8

Civil legal aid for families in inquests 9

Focus on FLAC:Blanchardstown FLAC 10

Mairead Healy, PILA Project Officer 11

PILA update:

Colm O’Dwyer BL 12

PILA staff changes 12

Education session on data protection 13

PILA thank you event 13

Discrimination thriving because ofunder-reporting 14

Making good use of old tech 14

TG Bill for debate, struggle not over 15

Help increase access to justice 15

FLAC golden volunteer pin award now countrywide 15

William Sampson Fellowship 2013 16

FLAC staff changes 16

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

Editors: Noeline Blackwell, EmmaCassidy & Yvonne Woods

Layout & Printing: Printwell Design, D3Contributors: Noeline Blackwell, SaoirseBrady, Emer Butler, Emma Cassidy, MeganCrenshaw, Michael Farrell, Laura Feely,Gillian Kernan, Mairead Healy, RachelMullen, Yvonne O’Sullivan, Yvonne Woods.

Photos by Derek Speirs, FLAC

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

Lydia Foy shortlisted for‘Campaigner of the Year’ in

top European award

2

Lydia Foy picturedwith FLAC SeniorSolicitor MichaelFarrell, who isrepresenting her inher case.

Photo by Derek Speirs

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 3


FLAC calls for greater consumer support asmortgage arrears figures rise yet again

There was little comfort for Irishmortgage holders in the latestresidential arrears and

repossession statistics released by theCentral Bank on 23 August 2013. Theseries of figures revealed that at the end ofthe second quarter of 2013, 12.7% ofprivate residential mortgages accountswere in arrears of more than 90 days. Thisrepresents almost 98,000 accounts andhas risen from 12.3% at the end of March.

There was an upward trend also in thenumber of residential mortgages slippinginto long-term arrears. Some 57,163accounts were in arrears of more than 180days at the end of June 2013, of whichmore than 28,000 are in arrears of over720 days. Just over 79,000 residentialmortgages were classified as restructuredat the end of June 2013 and 76.5% of theseaccounts were deemed to be performing.

However, the Central Bank itself hasacknowledged that the most frequentlyused forbearance techniques were short-term options like switching to an interest-only repayment plan, extending repaymentterm or temporarily deferring payment. Itadmitted that longer-term arrangementssuch as split mortgages and trade-downmortgages represented only a “smallnumber” of modification options used.

While 63 private dwelling houses wererepossessed following a court order in thesecond quarter, a further 160 were takeninto possession by the lender followingvoluntary surrender or abandonment ofthe house. In the wake of the Land &Conveyancing Law Reform Act 2013, FLACwill be tracking closely any changes inrepossession trends.

Relatedly, senior representatives from AIB,Bank of Ireland, Ulster Bank andPermanent TSB appeared before the JointOireachtas Committee on Finance from 3to 5 September. Ahead of the hearings,FLAC circulated a detailed submission toall committee members. It centred onhouseholders in debt and how these mainbanks deal with their arrears customers.

FLAC is worried about the inconsistencyamong banks in tackling mortgage arrears.The treatment of split mortgages is aprime example, with some institutionscharging no interest on the warehoused

segment of a mortgage loan, while otherscharge nominal interest. One bank says itwill charge full interest on the warehousedamount. This lack of clarity causesconfusion among distressed borrowers.

FLAC also highlighted the absence of anindependent appeal mechanism. When amortgage arrears customer has exhaustedall the bank’s internal appeal options, theFinancial Services Ombudsman remainsthe sole avenue for complaints. Crucially, aborrower can only complain to the FSOon the procedure used by a lender. If

borrowers feel the substance of theirlender’s decision is unfair or incorrect,they appear to have nowhere to turn.

On 19 September, Finance MinisterMichael Noonan said that the governmentwas keeping the mortgage issue underreview. FLAC hopes the government isprepared to supplement its hithertofragmented approach to mortgage arrearswith more clearly defined andcomprehensive supports and informationfor borrowers struggling under an everincreasing debt burden.


3F L A C N E W S l J U L Y - S E P T E M B E R 2 0 1 3

Members of the NADCAO delegation with FLAC staff on their visit

Leaders of a South Africanpublic interest law body visitedFLAC in July for assistance in

determining the best legal aid modelto implement in their country.

The representatives of the NationalAlliance for the Development ofCommunity Advice Offices(NADCAO) sought guidance afterbeing tasked with the development ofa national body to oversee andadvocate on behalf of all SouthAfrican community advice offices.

To accomplish its mission, NADCAOintends to establish an umbrellaorganisation, known as theAssociation of Community-basedAdvice Offices of South Africa(ACAOSA). ACAOSA will serve asthe “voice” of the 320 communityadvice offices already in existence,said NADCAO interim director

Nomboniso Maquebela.

NADCAO staff met with prominentlegal aid organisations in the UnitedKingdom and Ireland in hopes ofidentifying a legal aid model thatwould fit the diverse needs of SouthAfrican communities.

While in Ireland, the NADCAOleaders toured the FLAC office,Northside Community Law Centre,Ballymun Community Law Centre,and the Citizens Information Servicescenter in Finglas. At each location,NADCAO leaders met with staffmembers eager to answer queriesand share information aboutsuccessful programs and clinics.

The NADCAO staff plan to utilizethe insight gained from their recentvisit to Europe to establish ACAOSAby the end of 2013.

Aiding advocacy across borders


FLAC’s telephone information line has seen a 20% increasein calls in the first half of 2013 compared with the sameperiod last year. Much of the increase is due to a huge rise

in queries around Landlord & Tenant issues, with housing-relatedcalls tripling compared with 2012.

Another increase of note has been the number of people callingFLAC for details of our local centres or other sources of legalinformation, with numbers doubling in the space of a year. Creditand debt related calls continue to rise, with almost 60% of peoplewith a debt-related query concerned about mortgage arrears.

The circumstances are similar in the FLAC centres with housingqueries showing the highest increase, followed by credit and debt-related queries. Wills and probate continue to account for morethan 10% of queries in the FLAC centres.

Employment law queries appear to be falling in both the centresand on the telephone information and referral line. Whileimmigration queries to the phone line are falling, they continue togrow steadily in the FLAC centres. On the other hand, whileconsumer law queries are falling in the centres, they go on risingon the telephone information line.

Overall the centres were slightly less busy than in the same periodlast year. Early indications imply that the summer was busy in thecentres, and FLAC thanks all our volunteer advisors who gave uptheir time during the summer, in particular the Summer Squadwho made themselves available to ‘jump in’ at centres at shortnotice where the scheduled advisor couldn’t make it.



Zambrano mother can apply for social housing

Statistics show increase in demand for help

A county council that had declined to accept a socialhousing application from a ‘Zambrano’ mother has nowagreed that she is eligible to apply. The decision came

after consultation with the Irish Naturalisation and ImmigrationService (INIS) and the Department of the Environment,Community and Local Government.

Marie (not her real name), who is from an African country, wasgiven leave to remain in the State in December 2011 because sheis the mother of an Irish citizen child. This followed a landmarkdecision of the Court of Justice of the European Union in the RuizZambrano case in March 2011. The Court held that the parentof an EU citizen child, who was dependent on her or him, mustbe allowed to remain in the EU country concerned so that thechild could grow up and enjoy the benefits of EU citizenship.

Marie left Direct Provision and applied to the local county councilfor social housing but was told that, as a non-EEA national, sheneeded five years legal residence in the State before she would beeligible to apply. She had been living here in Direct Provision sinceDecember 2005 but she was informed that it did not count.

The council did not seem to be aware that the relevant HousingRegulation (Paragraph 8 of Housing Circular 47/2011) had beenamended to remove the five-year residence requirement for

‘Zambrano’ parents.

FLAC wrote to the council on behalf of Marie, referring toParagraph 8, and arguing that she satisfied the five-year rule aswell because the Zambrano decision did not make new law fromMarch 2011 but was declaratory of EU law as it should have beeninterpreted all along. As a result, Marie should have had a right toreside ever since her son had been recognised as an Irish citizenwhen he was issued with an Irish passport in 2006.

FLAC also referred to a recent decision by the UK Court ofAppeal in the case of Pryce v London Borough of Southwark [2012]EWCA Civ 1572 which also dealt with eligibility for socialhousing by a Zambrano Mother and held that she was eligible toapply despite other rules applying to non-EEA nationals.

The council replied in July last, saying that they had “soughtclarification from both the Irish Naturalisation and ImmigrationService and the Department of the Environment, Community andLocal Government and as a result of same the Council is satisfiedwith [Marie’s] residency status”.

Marie has now applied again and will, of course, have to satisfy theusual criteria for housing need and wait until suitableaccommodation becomes available.

Family

Employment Law

Credit and Debt

Wills / Probate

Consumer Law

Housing ; Landlord

Criminal

Property

Negligence / Personal Injuries

Other Civil Matters

Immigration / Refugee Law

Social Welfare Law

Neighbour disputes

Client-Solicitor Relations 87

138

204

270

313

334

348

390

388

436

573

768

1020

2436

FamilyLegal Services

Credit and DebtHousing Landlord and Tenant

Employment

Civil

CriminalWill/Probate

Legal AidOther Civil LawConsumer Law

Client-Solicitor relations

Property/interest in landSocial Welfare

Negligence/Personal injuryImmigration/refugee

Neighbour disputesContract

CompanyDiscrimination 19

31608091128141175207220237

316339

371 416

457638

895 1098

1505

TELEPHONE INFORMATION LINE January to June 2013

TELEPHONE INFORMATION LINE FLAC CENTRES January to June 2013

Family law still main issue on information line and in centres,but queries on mortgage arrears, landlord & tenant law andwills & probate rising.



5

The category of ‘SubsidiaryProtection’ was created by EUDirective 2004/83/EC (the

Qualification Directive) to cater forasylum seekers who could not establishthe immediate and personal threatrequired for refugee status but who“would face a real risk of suffering seriousharm” if returned to their own countries”.

The Directive, which is binding on all EUstates, links refugee status and SubsidiaryProtection under the heading of“international protection” and describesthem as complementary to each other. Itdistinguishes them from discretionaryleave to remain granted on compassionateor humanitarian grounds. Once thespecified level of risk has been established,states are required to provide theapplicants with the appropriate level ofprotection

Mariam (not her real name) is from aMiddle Eastern country and was declaredin need of Subsidiary Protection in May2012. She had come to Ireland in 2006and her son was born here in late 2007.She was living in Direct Provision andapplied for Child Benefit but wasrepeatedly refused until her SubsidiaryProtection decision. The reason given wasthat she did not satisfy the HabitualResidence Condition (HRC) because herstatus in the State was uncertain.

Once she was given Subsidiary Protection,Mariam began to receive Child Benefit, butthen applied for it to be backdated towhen her son was born or when she firstapplied for benefit in early 2008. Sheargued that she should be treated same aspersons declared to be refugees, withwhom Subsidiary Protection recipientsare closely linked in the QualificationsDirective.

Mr Justice Cooke had stated in the HighCourt in September 2011 that “An asylumseeker is a refugee as and when thecircumstances defined in the GenevaConvention [on the status of refugees]arise and apply ... The determination of theasylum application is purely declaratory ofa pre-existing state...” (D [a minor] vRefugee Applications Commissioner [2011]IEHC 33). In other words, the asylumseeker was entitled to refugee statusbased on the situation when s/he applied

for asylum and the Government’s decisionsimply recognised that fact.

Relying on this judgment, a Social WelfareAppeals Officer, who was dealing with anappeal from a woman who had recentlybeen declared to be a refugee, backdatedher Child Benefit claim to when her childhad been born, some months after she hadarrived in the State. He held that this wassufficient time for her to satisfy the HRC.The decision was reported in the 2011Annual Report of the Social WelfareAppeals Office for the guidance of otherAppeals Officers.

FLAC, who represented Mariam in herapplication, argued that the circumstancesthat had put her at risk in her homecountry existed from before she soughtprotection. Inevitably it took some timeto process her claim, but when itsucceeded, its effect should date back towhen she arrived in the State and appliedfor protection. That meant that she hadhad a right to reside from the beginning,thus removing any uncertainty about herstatus, and she should have establishedhabitual residence by the time her son wasborn a year later.

FLAC also pointed out that while theQualification Directive allowed states toprovide a somewhat lower level of socialprotection to persons in SubsidiaryProtection than to refugees, they mustnonetheless provide “core benefits”,including “parental assistance” to allrecipients of international protection andthat included Child Benefit.

Mariam is now awaiting a decision from anAppeals Officer which should help toclarify the entitlements of other personswho have been given SubsidiaryProtection status.

Woman in subsidiary protectionseeks Child Benefit arrears

Pre-Budget Forumallows NGO input

The annual Pre-Budget Forum,hosted by the Department ofSocial Protection, took place on

Friday 5 July in Dublin Castle, given thatBudget Day is earlier this year on 15October. At the Forum, the Departmentof Social Protection engaged with 30voluntary and support organisations.

The format this year was different. TheForum was chaired by journalist andbroadcaster Olivia O’Leary. Workshopsfacilitated by officials from the relevantDepartmental area allowed organisationsto air views and discuss Budget priorities.At the poverty & social inclusionworkshop, FLAC called for human rightsto be at the centre of budgetary decisionsas the State has committed itself underinternational law to respect, protect andpromote human rights, including the rightof people to live with dignity.

The Department’s Social InclusionDivision presented on ‘Social ImpactAssessments; a methodology to reviewthe social effects of main welfare & directtax measures’. Earlier in 2013, the Divisionpublished an assessment of the impact oflast year’s budget on specific social groups– albeit after cuts had been made. It foundthat households with children were mostaffected by cuts. FLAC has called for theDepartment to build such Social ImpactAssessment in at an earlier stage so it canform part of the decision-making process.

In a plenary session Olivia O’Learyrelayed key issues emanating from eachworkshop. The overall theme was to seeall core welfare payments maintained inOctober’s Budget and better inter-departmental communication developed.

Minister for Social Protection Joan BurtonTD said Forum inputs, such as a whole-of-government approach which could useimpact assessments to inform decision-making, would be relayed to Government.She cited the dual importance of thewelfare spend – both in preventingpoverty and stabilising the economy. Herstated focus for Budget 2014 would be tocontinue with wide ranging reforms andensure that the Department provides asafety net as well as a springboard forreturn to work - through income andemployment supports.

• See page 7 report on FLAC’spre-budget presentation to thejoint Oireachtas Committee onFinance.





Why it makes sense to use plain legal language

By Claire O’Riordan, Plain English Coordinator ofNALA’s Plain English Editing and Training Service

Dealing with the legal system andlegal processes is one of the mostdifficult things for the average

person-in-the-street to do. All the more soif you are in a vulnerable situation, perhapstrying to get a barring order, or dealingwith payment demands, employment lawqueries, problems with housing contractsand so on. Think of how much morestressful it is if you can’t understand thelegal language in the documents you haveto read and sign. Here’s where using PlainEnglish can help.

Plain English is a way to present informationso that a reader can understand it the firsttime they hear or read it.

To write in plain English, you first need toput yourself in your reader’s shoes.

When you use plain English you:

• write in clear language,

• give relevant information in the rightorder, and

• help people to find this informationquickly.

The legal profession is full of specialisedterms, foreign words and phrases, longsentences and overly formal language.

Using plain English:

• demystifies the legal process byexplaining and or replacingspecialised terms,

• is one less stressor for clients oflegal services who are alreadyvulnerable and stressed,

• means providers of legalinformation and or services willhave fewer queries to respond toand more time to deal with thesubstance of their clients’ problemsrather than continually explaininghow the system works.

Plain English in legal writing

In recent times there has been a globaldrive to adopt plain English (language) in

law. The US 2010 Plain Writing Act is anexample of this. This Act requires thatregulations are accessible, consistent,written in plain language, and easy tounderstand.

Another example is from the UK wheremany government offices, such as theOffice of Fair Trading, have encouraged thespread of plain language by requiring it incertain consumer contracts.

The Irish Central Bank’s CustomerProtection Code requires the firms andcompanies it regulates, such as our banksand insurance agencies, to use plainlanguage. The greater use of plain languageis also an important part of theGovernment’s Public Service Reformagenda.

Bodies and organisations such as theEquality Authority, The Office of theDirector of Public Enforcement, InsolvencyService of Ireland, The Director of PublicProsecutions, The Law Society, MABS,FLAC and others, are increasingly usingplain English techniques.

Other specialised professions andplain English

Other specialised professions, such as thehealth sector, are embracing plain Englishand striving for excellence in plaincommunication. Of particular note, are theMSD / NALA Crystal Clear HealthLiteracy Awards. These awards identifyexamples of best practice in clearcommunications in health care settings. Tofind out more, please visit,www.healthliteracy.ie

What can you do to promote plainlegal writing?

• Visit NALA’s plain English websitewww.simplyput.ie and avail of freeplain English checklists and guides tospecialised terms, including legalterms.

• Read about NALA’s Plain EnglishEditing and Training Service and itsPlain English Mark.

• Tell NALA about positivedevelopments in plain English in thelegal sector or about your ideas todevelop some!

• Promote initiatives such as the 2015international conference on plainEnglish, which NALA is hosting withits partners Plain LanguageAssociation InterNational (PLAIN).Details will be posted onwww.simplyput.ie

If you would like to speak to someoneabout plain English, contact NALA’s ClaireO’Riordan on (01) 412 7922 or by e-mailat [email protected]. We look forward tohearing from you.

Example of legal textturned into plain English

Original text:

Title to property in thegoods shall remain vestedin the Company(notwithstanding thedelivery of the same to theCustomer) until the price ofthe Goods comprised in thecontract and all othermoney due from theCustomer to the Companyon any other account hasbeen paid in full.

Plain English edit:

We will own the goods untilyou have finished payingfor them.




With budget day looming at anearlier time of 15 Octoberthis year, FLAC was invited to

participate in a discussion with theCommittee on Finance, Public Expenditureand Reform on 12 September about oursubmission for Budget 2014. TheCommittee had devoted two days tolistening to and questioning pre-budgetsubmissions from civil societyorganisations.

With social welfare law reform one ofFLAC’s priority areas of work, our pre-budget submission focused around SocialProtection. In previous submissions, FLACunderlined the need to maintain basichuman rights in austerity and makingbudgetary decisions. This year’s submissionfocused on the need to ensure that thegovernment complies with human rightslaw in implementing budget decisions, butalso in the lead-up to budgetconsiderations.

Ireland has legal obligations underinternational human rights law which meanthat it must use the resources at itsdisposal to allow for the protection,promotion and fulfilment of these rights.With greater numbers relying on thesocial welfare system, some 2.3 millionpeople benefit from welfare payments toensure a basic minimum income.Consequently, FLAC believes thatDepartment of Social Protection spendingis central to how the government meetsits human rights commitments.

So what practical tools does FLAC believewould lead to effective and well-informedbudgeting in line with human rights law?The FLAC delegation of Yvonne O’Sullivanand Yvonne Woods told the Committeethat all government departments shouldcarry out social impact assessments tosafeguard the most vulnerable in societyagainst disproportionate budget measures.While the Department of SocialProtection did publish a social impactassessment this year for last year’s budget,FLAC suggests that such assessments bedone prior to making any decision to cutspending and across all departments; thiswill enhance the effectiveness of measuresand ensure vulnerable groups are notdisproportionately impacted, which wasnoted by the Committee.

Another practical tool and a fundamentalprinciple of human rights law is tosystematically include civil society indecision-making that affects the civil, socialand cultural rights of individuals. Currently,the annual Social Inclusion Forum allows30 voluntary and support organisations togive their input into how the previousbudget and its policies impacted onspecific social groups in society; this helpsthe Minister of Social Protection to makebetter budget recommendations to thegovernment. However, FLAC suggestedthis process of participation should be on-going to reinforce effective decision-making with relevant stakeholders,creating fairer, more reflective budgeting inline with international human rights law.

The last measure, which wasrecommended by the EU Commissionerfor Human Rights, Nils Muiznieks, is forgovernments to refer any budgetaryproposals to their National Human RightsStructures. FLAC proposed to theCommittee that the new Irish HumanRights and Equality Commission could andshould play a key role in ensuring that ourbudgeting complies with human rights law.

The FLAC delegation asked theCommittee to consider Ireland’s legalobligation to guarantee a right to anadequate standard of living as enshrined ininternational and European human rightstreaties that have been ratified voluntarilyby Ireland. In particular, FLAC’s submissiondescribes a basic income standard to beadopted by the Department of SocialProtection to that all those relying onsocial welfare payments can be guaranteed

a life of dignity.

Lastly, FLAC’s representatives called for ahuman rights-based reform of the socialwelfare appeals office. Our report lastyear, Not Fair Enough, highlighted thetransparency, fairness and independence ofthis very important structure. FLACrecommended a complete overhaul totackle delays, inconsistencies in decisionmaking, lack of perceived independence,limited information provision and failureto publish case studies systematically.These are impacting severely on the livesof many people who should be receiving apayment and may be forced intodestitution while awaiting a decision.

Committee members commented onFLAC’s submission recommendations withsome questions around practical aspectsand implementation of the human rightsapproach to budgeting. One of the twoother organisations presenting to theCommittee alongside FLAC, the DisabilityFederation of Ireland, also recognised theimportance of social impact assessmentsfor ensuring their clients are not negativelyimpacted by budgetary cuts.

It is hoped that the Committeeunderstood FLAC’s central point: thatbudget decisions must respect Ireland’slegal obligations under internationalhuman rights law - these commitmentscannot be put aside in a recession.

Putting rights at heart of budget decisions

• Read FLAC’s pre-budgetsubmission 2014 at:bit.ly/prebudget2014

FLAC’s Yvonne Woods (L) and Yvonne O’Sullivan (R) addressing the JOC on Finance


8 F L A C N E W S l J U L Y - S E P T E M B E R 2 0 1 3


Hike in legal aid charges willhit poorest in society hardest

contribution based on their disposablecapital but not reflecting their disposableincome. Again, a poverty impactassessment here would have led to asimilar conclusion.

As the Minister has been examining howother jurisdictions operate their civillegal aid schemes in formulating the latestchanges, then he will have noted that bestpractice from some such jurisdictionsincludes equality and human rightsproofing of decisions affecting theprovision of services to the public.

FLAC recognises that the Board and itsLaw Centres are working underincreased pressure with limitedresources. A person may have to wait upto 18 months for a first appointment witha solicitor in a law centre. Howeverdespite saying that he will use anyincreased revenue to tackle these lengthywaiting times, the Minister has notindicated how he plans to do so.

What will shorten waiting lists, of course,is excluding people from the service –ensuring that fewer people are eligible forhelp by raising the costs beyond theirability to pay and by lowering thresholds.FLAC strongly believes this is not the wayto address what are undoubtedlyshortcomings in our state system ofproviding access to justice for lowincome groups.

As FLAC Director General NoelineBlackwell commented at the time: “Itappears that many people who cannotafford a lawyer may have to rely on

voluntary organisations like FLAC foraccess to justice. We offer a first-stoplevel of legal information and advice forfree and in confidence. This is acomplement to – not a substitute for – aproper state-funded legal aid service. It isanother element in the overall picture ofaccess to justice, where the State has theprimary responsibility.”

“Ultimately we fear that many peoplewho cannot afford to access private legalhelp but are excluded from stateassistance may end up representingthemselves in court, which will likely havea drastic effect on how all of us accessjustice in this country.”

[continued from front page]

© photo by Derek Speirs

Key changes to Civil Legal Aid (Sept 2013)

Minimum financial contribution upfrom €10 to €30 for legal adviceand up from €50 to €130 in casesof legal aid

Removal of financial contributionfor people receiving legal services inproceedings with the HSE on childcare

Disposable capital thresholdallowance for eligibility down from€320,000 to €100,000.

Minister for Justice, Equality & Defence, Alan Shatter TD

Equality &human rightsbudgetingevent yieldsunited front

Aroundtable event onequality and human rightsbudgeting took place on 18

July, chaired by Eilis Barry BL. FLACDirector General Noeline Blackwellgave a presentation on human rightsapproaches to budgeting and LouiseBayliss discussed the equalitybudgeting campaign. David Perry BLtalked about the available legalmechanisms for the introduction ofequality and human rights budgeting.

The event was attended byorganis`ations working on variousequality issues and there wasdiscussion on how the NGO sectorcould come together in campaigningfor an equality and human rights-focused approach to governmentbudgeting decisions. It was agreed atthe meeting that the attendeeswould come together for a unitedresponse to the autumn budget.

An event will be held on 17 Octoberwhich is International Day for theEradication of Poverty, where theNGOs involved will review thebudget from a human rights andequality perspective at a pressconference and meeting at theNational Library. If you were unableto attend the initial meeting but arestill interested in getting involved,please e-mail [email protected]

• Learn more atequalitybudgeting.ie



9

The provision of legal aid for afamily member at coroner’sinquests has been “long

overdue” as Senator Ivana Bacikcommented when the provision wasintroduced into law in July 2013 by theCourts and Civil Law (MiscellaneousProvisions) Act 2013. As a result of thechange in the law, a person will beentitled to seek legal aid where theinquest concerns the death of a familymember while that person was in thecustody of the State.

The lack of support and representationfor family members in Coroner’s courtshas been a problem in Ireland for sometime. The new legislation can be traceddirectly back to the terms of a ‘friendlysettlement’ reached between TeresaMagee and the Irish Government inOctober 2012 in proceedings taken byMs Magee against Ireland in theEuropean Court of Human Rights inStrasbourg. According to the Courtrecord, the case was settled on the basisthat the Irish government said that itwas its expressed intention to providefor ‘legal aid and advice to parties tocertain proceedings before a coroner’.Ms Magee was also awarded damages inthe case.

These proceedings in the Europeancourt were the culmination of years oflitigation by Teresa Magee. At the inquestinto the death of her son Paul Magee inpolice custody in December 2012, MsMagee had sought legal aid forrepresentation to allow her to betterunderstand and participate in theproceedings that were taking place.While the High Court had ordered thatshe be provided with publicly-fundedlegal representation in respect of theinquest, the Supreme Court overturnedthat verdict on appeal, finding that therewas no entitlement to state-funded legalrepresentation at an inquest.

Ms Magee, represented by solicitorJames McGuill and supported by anintervention from the Irish HumanRights Commission, then went to theEuropean Court of Human Rightsseeking recognition of her right topublicly-funded legal aid for the purpose

of participating fully in the proceedings.The case did not go to full hearingbecause of the friendly settlementmentioned above.

Part 6 of The Courts and Civil Law(Miscellaneous Provisions) Act 2013outlines the change in the law to provide“Legal aid and legal advice for inquests”.A family member may secure legal aid,advice or representation, forrepresentation at an inquest of adeceased family member. A familymember could be a parent or child, butcould also be a grandparent, uncle oraunt, or a spouse, civil partner orcohabitant. The procedure will be thatthe family member can apply to thecoroner that representation beprovided. The coroner may then apply tothe Legal Aid Board for thatrepresentation but the coroner is notobliged to do so. If the application of thefamily member is accepted, the coronerthen makes the request for legal aid tothe Legal Aid Board. The Legal Aid Boardthen assesses the applicant for legal aidbased on the usual means test, as with allother legal aid applicants.

The right to legal aid is only extended toinquests where the death occurredwhilst a person being involuntarilydetained by a government departmentsuch as the Health Services Executive,An Garda Siochana, detained under the

Defence Act 1954, under the MentalHealth Act 2001, under the CriminalLaw (Insanity) Act 2006, in child carefacilities and where the person died incircumstances that the coroner wouldjudge as detrimental to the health andsafety of the public if not investigatedand in the public interest of the familymembers.

Only one family member will be entitledto legal aid and other family membersmay not subsequently apply for separaterepresentation. This has been criticisedas one of the shortcomings of the newlegislation, as if only one family memberis allowed to apply to the coroner,differing family interests might mean thatthe successful applicant for legal aid maynot disclose relevant information to therest of the family, leaving them in thedark.

This introduction of the right to legal aidstrengthens the right of people toparticipate in processes that intimatelyaffect their legal rights. It confirms thatthese processes take place in tribunalsother than the courts and that thealmost total restriction of legal aidrepresentation to courts – apart fromthe Refugee Appeals Tribunal and thisnew limited right - denies many peopleeffective access to justice. It is a stepforward and that is welcome.

Civil Legal Aid for families extended to inquests



The Dublin suburb of Blanchards -town is home to over 68,000people, so naturally there is

potential for a wide range of legal queriesto come through the doors of its FLACcentre. This is a fact that certainly keepsFLAC advisors, such as Kim Duffy, on theirtoes. “The range of queries is vast and canalso be challenging on a Mondayevening…” admits Kim, “but that is to beexpected given the number of callers andthe difficulties they face”. She has workedfor the Courts Service for a number ofyears and has been volunteering at theBlanchardstown FLAC centre since June ofthis year.

Kim says it was her desire to give back tothe Blanchardstown community thatenticed her to start volunteering withFLAC: “I wanted to become an advocatefor a cause that I believe is an essentialservice in today’s society.” This wish tohelp the local community also motivatedMichael O’Donoghue to get involved.Michael has always had an interest in legalresearch. He qualified as a barrister in1989 and began volunteering with FLACshortly after that. “I thought I might getinvolved in the advisory side and FLACprovided that opportunity. I found it verysatisfying on a personal level and havecontinued to do it ever since.”

In 2012, the most common queries to theFLAC Centres in West Dublin (whichincludes Blanchardstown along withBallyfermot, Clondalkin and Lucan) werefamily law-related. Over 37% of the 1603queries discussed at these centres werefamily law questions, followed byemployment law (12.6%) and credit anddebt queries (9.1%).

Monika Salomon has heard many of thesequeries first-hand, as she works as avolunteer assistant in several FLACcentres. Volunteer assistants provideadministrative and research support toFLAC advisors and Monika not onlyprovides this essential service inBlanchardstown but also at one of FLAC’scity centre clinics. She had always been aninformal source of legal information forher friends. “One day, I thought that I cando it for the bigger community”, saysMonika, who has assisted in FLAC centressince 2011. “I searched for volunteer legalorganisations in Dublin and I found FLAC.

I found volunteering in FLAC is also a greatopportunity to gain an experience on howlaw operates in practice.”

Life as a FLAC volunteer can bechallenging, whether you are an advisor ora centres assistant. Kim, Michael andMonika all acknowledge that every eveningin a FLAC centre is unpredictable. Michaelsays the “most challenging aspect of beinga volunteer is the, sometimes, unexpectedquery on an obscure topic”. FLAC’s freeand confidential service means thatappointments cannot run on indefinitely. “Ithink the most challenging part of avolunteer’s work is that we only have ashort period of time to help someoneresolving a real-life problem” says Monika.

It would not be possible to offer the FLACservice to the local commmunity withoutthe facilities and support of the localCitizens Information Centre, particularlythe CIC staff and Development ManagerMichela Benassi.

All the Blanchardstown volunteers wouldrecommend the experience to friends andwork colleagues alike. Monika feels that“[volunteering with] FLAC is a fantasticopportunity to gain satisfaction fromhelping others.” Kim agrees, saying thatvolunteering “…has been an enrichingpersonal and social experience for me andhas provided me with a host of valuableskills.” The sense of support that a FLACvolunteer can provide, albeit in a limited

way, through a one-off advice session canbe invaluable, Michael feels. “It offers theopportunity to directly relate to clients,”he says, “and there can be great satisfactionin seeing the relief felt by a troubledperson when advised of a possible way outof the problem they have.”

Kim Duffy described the FLAC adviceclinic’s position in the locality veryeloquently:

Prior to joining I didn't quite grasp thedegree of reliance on the service andthe enormity of its impact on thecommunity; it is inspiring to work aspart of a team which provides accessto the same level of professionalexperience and skills without thefinancial hurdle. I have met peoplefrom all walks of life and to think youcan contribute to ease their angst attimes of huge distress is extremelygratifying and keeps me coming back.


Inside the Centre: FLAC @ Blanchardstown


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

Kim Duffy, Michael O'Donoghue and Monika Salomon, volunteers at Blanchardstown FLAC

Blanchardstown FLAC operateseach Monday from 7.30 to

9.00pm in Blanchardstown CICat Westend House, Block A,Westend Office Park,

Dublin 15.

Meetings with an advisor are byappointment only - call 076 1075 040 to book.




Mairead joined FLAC as ProjectOfficer for its PILA (PublicInterest Law Alliance) project in

June of this year. PILA aims to facilitate andpromote the use of law to protect humanrights and benefit marginalised anddisadvantaged people. As Project Officer,Mairead works to fulfil this mission byinteracting directly with NGOs seekinglegal assistance. She then works with thePILA Legal Officer to facilitate the referralprocess, which involves convening workinggroups or getting an individual lawyer toprovide a legal opinion. She is also involvedin organising legal education sessions andother events such as roundtables andseminars. “The position suits me, because Iget to combine my love of the law withworking in the charity sector where mypassion lies,” said Mairead.

Mairead was always interested in rights.Raised in Derry during the Troubles, sherecalls from a very young age taking part inthe annual demonstration calling forjustice for the innocent victims of theBloody Sunday tragedy. Whilst a student,she became increasingly involved inactivism and she sat on an organisingcommittee of the Stop the War Coalitionin the UK.

At this point, she also started volunteeringwith marginalised communities and wasinvolved in setting up a law clinic assistingthose who were unable to afford legalrepresentation. She was also involved instudent politics and elected onto positionson the Student Union Executive bodies.

Professionally, she began lecturing in publicinternational law and tutoring in EU lawwhilst pursuing postgraduate legal studies.She very much enjoyed the buzzassociated with teaching and interactingwith her students. Following this, she thenworked at the European Commission butbegan to find her outside interests chairingthe Commission’s charity committee muchmore fulfilling than her day-to-day work.

A chance encounter led to her beingoffered a position within the Irish TravellerMovement in the UK as nationalpolicy/legal officer. She recalls being initiallyvery hesitant, as she knew very little aboutTravellers and was unsure whether shewould be best equipped to advocate on

their behalf. However it was a decision shehas never regretted. Mairead says of hertime there, “It was like no other job I haveever done and probably ever will do again- the fast and manic pace of work suitedme. One day I could be briefing seniorgovernment officials, then meeting withdistressed Travellers on a site, writing apolicy paper or leading a young Travellerwomen’s empowerment group.”

Specifically, Mairead recalls herinvolvement in the Dale Farm Eviction.Despite the best efforts of herorganisation and widespread internationalsupport, the Dale Farm Eviction was thebiggest eviction of Travellers in recenthistory—with over 400 people beingevicted from their own land. “It wasincredibly heartbreaking, particularlybecause I was very close to all the familieson Dale Farm and I found the plight of thechildren unbearable to watch.”

However, there were also some wins.Mairead authored the first ever ShadowReport to the UN CERD committee onthe situation of Travellers in the UK, withall the key recommendations and concernsin her report adopted by the UN.

Following her time working with theTravellers, Mairead was then engaged indrafting a UK Country report for theEuropean Commission based at the Law

Department in LSE. During this time, shealso worked for the Deputy leader of theLiberal Democrat Party and latervolunteered for the Labour Shadow JusticeMinister on reforms planned for the UKlegal aid system.

Mairead decided it was time to return toIreland for a fresh start in 2012, havingspent 10 years abroad. She began bysetting up a charity, Future Voices Ireland.“Working at the European Commissionmade me realise how difficult it is to getinto law, policy and politics withoutconnections. It’s even more difficult if youdon’t have confidence in your ability towork in those kinds of fields.”

Inspired by her own experience and seeingthe debilitating consequences of otherssuffering a lack of confidence, Mairead says“It’s important to help those comingbehind.”

Future Voices Ireland is committed toempowering young people to pursue theirdreams regardless of background. Byequipping disadvantaged teenagers withknowledge of the law, as well asprofessional and practical skills, theorganisation helps them develop theconfidence needed to realise theirambitions. In addition to her work withFuture Voices, Mairead is on the board of anumber of other charities.

Outside of work, Mairead is a massive quizenthusiast and even appeared in the BBCEggheads show where she captained herteam to draw level with the 5 geniuses!Following this high, she gave up her quiz-playing days to host quizzes andsuccessfully ran a weekly charity quiz withcult followings for a number of years, firstin Brussels, and then in London.

She just isn’t sure whether Dublin is readyfor her jazzy jackets and slapstick humouryet!

Mairead Healy, PILA Project OfficerF O C U S O N F L A C :

Mairead Healy

• More on PILA & Mairead’swork at www.pila.ie

• Future Voices Ireland is atfuturevoicesireland.org/



Iam a practicing barrister specialising inhuman rights, asylum, immigration andpublic law. I studied Economic and Social

Studies (now BESS) at Trinity CollegeDublin and then attended the King’s Inns. Iwas called to the Bar in 1997. I regularlyplead before the Superior Courts, mostlyin the Judicial Review lists, and, over theyears, have appeared for the applicants in anumber of significant and frequently citedhuman rights and asylum cases. I also haveextensive experience in representingapplicants, particularly child applicants,before the Refugee Appeals Tribunal inDublin. This past July, I was elected onto theBar Council, the governing body for theBar.

Outside of the law, I am a director ofRuhama, a Dublin-based NGO whichsupports and assists women and girlsaffected by prostitution and sex trafficking,and of Pan Pan, Ireland’s leadingcontemporary Theatre Company.

What motivated you to get involved indoing pro bono work?I was a volunteer for the FLAC clinic inFinglas for many years. I enjoyed the varietyin the queries. For barristers, it alsorelatively unusual to meet clients on yourown and to talk to them and advise them ina relatively informal way without a solicitorpresent. I really liked this ‘direct access’ andbeing able to help people and provideinstant answers to queries that, in manycases, worried them so much. Much of therecent research on depression indicatesthat doing something for other people(without being paid to do so) makes ushappier and more satisfied with our ownlives. I think this is true. There is a real‘internal’ reward for doing pro bono workas well as it being good practical experienceor reading well on a C.V.

How did you find out about the PILA probono referral scheme?I was involved with FLAC when PILA beganso I was on various mailing lists and knewsome of the original personnel. I wascontacted about some of the first referralsthat involved immigration, asylum andcitizenship and was ‘signed up’ at that stage.

The scheme has developed in leaps andbounds. There have been so manysuccessful referrals that it all runs verysmoothly and is very well organised andmanaged. From talking to someorganisations which have used the scheme,I have heard nothing but positives.

What have been the most challengingaspects of referrals you have taken on?Sometimes the referrals relate to nicheareas where cases would very rarely reachthe Courts, areas with which very fewlawyers would have direct experience.There can be quite a lot of backgroundreading just to understand what the issue isfor a particular group of people you arehelping, let alone to know what the law is!It can be hard to get the time necessary todo this. For example, I am currentlyworking pro bono on a legal submission forInclusion Ireland, relating to substituteddecision-making and the Assisted DecisionMaking (Capacity) Bill 2013. This aparticularly complex area that I could easilyspend days ‘reading in’ to the law andlooking at the ways in which othercountries have wrestled with implementingthe UN Convention on the Rights ofPersons with Disabilities. To provide acontext for the submission, I would like toget a better understanding of what life islike for people with severe intellectual

disabilities, what these disabilities are andhow they might best be able to assist indecision-making on many aspects of theirown lives. However, it is a real struggle toget the time to do all of this within a shortperiod, with my normal work to be done.

How has the experience benefited you oraffected your regular work?While many of the benefits are ‘internal’ oreven karmic, there is definitely a confidenceboost associated with being able to helppeople with your legal skills and experience.I also think it opens your mind to new areasand widens your perspective in relation toyour regular work.

Would you recommend doing pro bonowork through PILA’s scheme to otherbarristers?Yes, and not only to younger ones startingout. It would definitely be of benefit toolder and more-well establishedpractitioners who feel they are stuck in abit of rut, doing the same type of work forthe same type of clients/solicitors day andday out.

PUBLIC INTEREST LAW ALLIANCEU P D A T E

Focus on PILA practioner:Colm O’Dwyer BL


Staff updates

All in PILA and FLAC were sorry to say goodbye to PILA Legal Officer Maeve Regan(above left) recently. We wish her every success in her new position as ManagingSolicitor of Mercy Law Resource Centre. We are also delighted to welcome RachelPower (above right) as PILA Coordinator. Rachel was previously Co-ordinator ofthe Irish Rule of Law Project.

Maeve Regan of PILA at the clearinghouse


PILA thank-you event for lawyers



PUBLIC INTEREST LAW ALLIANCEU P D A T E

L-R: FLAC’s Emma McCarron with Kevin Baneham, Noreen Maguire and Katie Dawsonat PILA's recent thank you drinks event

Education sessionon Data

Protection usefulfor NGOs’ policies

PILA hosted a Lawyer Thank-YouDrinks in late July. This bi-annual eventlets us greet and thank the lawyers onthe PILA register who have donefantastic pro bono work for communityorganisations and law centresthroughout the year. The evening waswell-attended by both barristers andsolicitors, and attendees enjoyed theopportunity to chat and share theirPILA pro bono experiences!

Attendees enjoyed talks by JacquelineKelly, Managing Solicitor of the IrishRefugee Council Independent LawCentre, and Eamonn Conlon, Partner atA&L Goodbody. Jacqueline and Eamonnshared their experience of workingtogether through a successful PILA-facilitated collaboration. Thiscollaboration, still in its early stages,

involves A&L Goodbody working on apro bono basis with the IRC Law Centreto provide early legal representation toapplicants in the first stage of theasylum process. IRC Law Centreorganised specialist refugee law trainingfor the team of 28 A&L Goodbodylawyers.

The IRC Law Centre's early legalrepresentation service aims to ensurethat applicants are facilitated inpresenting their case fully and effectivelyat first instance with a view to ensuringthe early identification of persons inneed of international protection. This isa unique partnership that will help toaddress the unmet legal need of peoplein the early stages of an asylumapplication and demonstrate a differentmodel of legal service in this area.

Jacqueline Kelly (Irish Refugee Council),Michael Farrell (FLAC) and CatherineCosgrave (Children’s Law Centre)

FLAC’s Catherine Hickey, Eamonn Conlon (A and LGoodbody) and Mikayla Sherlock (Ballymun

Community Law Centre)

On 29 July PILA hosted a legaleducation session on dataprotection law and freedom of

information in Dublin’s Franciscan Friary.The event was attended by 36 individualsfrom 24 NGOs, and was delivered by A&LGoodbody lawyers Dario Dagostino,Susheela Math, Fiona O’Riordan andDavinia Brennan.

The session was designed to provideattendees with information that wouldhelp them address data protectionconsiderations within their organisations.The speakers reviewed the DataProtection Act its practical applicationincluding: developing procedures andpolicies, collecting and retaining dataabout staff and volunteers, and handlingclient information.

Case studies described by the speakersprovoked a number of questions from theattendees. The second half of the sessiondealt with freedom of informationrequests and how to make them, recentexamples and case law.

Feedback from many attendees indicatedthat they would be re-evaluating theircurrent procedures and policies in light ofthe training.




Under-reporting poses a significantthreat to any aspiration for aneffective equality and human

rigths infrastructure. It is the key challengeto statutory agencies working to addressinequality, discrimination and human rightsabuses. It is a challenge to all in civil societyconcerned with these issues. However,there has been little work done in Irelandon how to effectively address this issueand few initiatives to tackle it.

The CSO (2004 and 2010) surveys andother Irish studies on discrimination havefound that only about 10% of people whoexperience discrimination take any formalaction – even fewer take any legal action.

The most significant barriers to reportingdiscrimination are connected with thedisempowerment that accompanies beingdiscriminated against, especially on asystematic basis. The most commonly citedreasons for under-reporting areperceptions that reporting the incident willdo nothing to change the situation,perceptions that the incident is not worthreporting, and fears of negativeconsequences of reporting. A societalculture is required that values equality anddiversity, that has zero tolerance ofdiscrimination, and that prizes those whowould challenge discrimination if under-reporting is to change.

The CSO surveys on discrimination bothfound that 12% of Irish people over theage of 18 experienced discrimination inthe workplace or in accessing goods andservices in the preceding two years. Thisequates to some 380,000 people. 32% ofthose who experienced discrimination saidit had a serious impact on their lives.Another national survey is needed todetermine whether the incidence ofdiscrimination has risen since 2010, withthe worsening economic situation.Anecdotal information from communityand voluntary groups and trade unionssuggests an increase in employmentreleated discrimination for women and fornon-Irish nationals, and a rise in hate crimeagainst Black and minority ethnic groupsincluding migrants.

An examination of cases coming beforethe Equality Tribunal, and of cases beingsupported by the Equality Authority,indicates how these statutory bodies are

merely dealing with the tip of thediscrimination iceberg when compared tothis figure of 380,000 people.

The Equality Tribunal dealt with only 671cases in 2011, 517 cases under theEmployment Equality Act and 154 casesunder the Equal Status Act. Of furtherconcern is the drop of 33% in the level ofthis casework since 2008, despite the CSOreports showing no drop in levels ofdiscrimination. In 2008, 996 cases weredealt with, 842 in employment and 154 ingoods and services Under-reporting isincreasing, principally in relation toemployment. The backlog of cases waitingto be heard in the Equality Tribunal isanother concern, with employment casestaking up to three years to be processed.

The Equality Authority offers legalassistance to those who experiencediscrimination. In 2011 the EqualityAuthority had 289 cases in hand. This wasa decrease of 61% from 2008 when it had737 cases in hand. It provided assistance in23 cases in 2011. This was a decrease of66% from 2008 when it supported 68cases.

The Irish Human Rights Commission has aremit to provide legal assistance forproceedings involving law or practicerelating to human rights. Since its first full

year of operation, 2003, to 2011, the IHRChas only provided legal assistance eighttimes in total.

Under-reporting will only be addressedwhere there is an adequately resourcedequality and human rights infrastructure,where this infrastructure is committed totaking a critical mass of cases and where itinvests in contributing to the culturalchange required to enable people toreport discrimination. The new HumanRights and Equality Commission should beadequately resourced to reverse this trendof rising under-reporting. It must maketackling under-reporting a key priority forits work. Reduced under-reporting will beone of the key measures of its success.

Rachel Mullen is Co-ordinator of theEquality & Rights Alliance

• This article appeared first inVillage Magazine in August 2013.FLAC is grateful to Rachel andVillage for allowing us toreproduce it here.

Discrimination thriving because ofunder-reporting

For more on Equality &Rights Alliance, see

www.eracampaign.org

Making good use of old technology

FLAC recently donated some older models of computers andkeyboards to the innovative development charity, Camara. The

technology recycling agency collects old computer equipment andrevamps it before sending to developing countries for use in

schools and colleges.

Learn more at www.camara.org


The Oireachtas Committee onEducation and Social Protectionis set to discuss the Scheme of a

Government Bill on Gender Recognitionshortly. The publication of the Heads ofBill is a victory for the long legal struggleof Lydia Foy, supported by FLAC, and forthe lobbying of Transgender EqualityNetwork Ireland (TENI) and otherorganisations supporting the rights oftranspeople.

However, it has taken new legalproceedings by Lydia Foy this year andPrivate Members Bills from both SinnFein and Independent Senator KatherineZappone to get to this point. It will takemore pressure to make sure this Billdoes not end up in the black hole thatswallows up so many reforming Bills.

The Heads of Bill are welcome becausethey signal that at last something isstarting to move on this front as well asbeing an improvement on the proposalsin the report of the Government’sAdvisory Group two years ago. Butthere are still significant problems withthem. A leading Austrian lawyer haswritten to Minister Joan Burton aboutone of those problems – the ‘forceddivorce’ proposal, where a marriedtransgender person would have todivorce her/his partner as a pre-condition for legal recognition.

This is supposed to be a safeguardagainst creating a handful of de factosame-sex marriages but the real effectwould be to break up loving couples andcause a lot of pain and hardship. Austriaand Germany had provisions like this intheir law but in a ground-breaking casein 2006, the Austrian ConstitutionalCourt struck down the compulsorydivorce requirement. It said that the factthat someone is married should notpreclude them from recognition in theiracquired gender. The GermanConstitutional Court struck down thesame requirement two years later, saying

it violated the basic rights of the couplesconcerned.

Dr Helmut Graupner, the Austrianlawyer who took the ConstitutionalCourt case and European Co-Directorof the International Lesbian and Gay LawAssociation (ILGLaw), has recentlywritten to Minister Burton outliningwhat happened in Austria. He said:

As a result [of the Court’s decision]there are now a number of personswho are recognised in a gender otherthan the gender in which they wereoriginally registered and who remainmarried to their spouses who are nowof the same gender as the transgenderpersons.

Dr Graupner noted that this had notcreated any problems in Austria and saidhe hoped this information would helpthe Minister in drafting the Irishlegislation “and enable you to avoid theneed for the litigation which wasnecessary in Austria and Germany tovindicate the rights of already marriedtransgender persons”.

There are other substantial problemswith the Heads of Bill as well, notablythat only persons over 18 can berecognised in their acquired gender andthat there seems to be no provision fortransgender young persons, who areparticularly vulnerable; and it alsoappears that transpersons may stillrequire medical evidence before theycan get recognition, despite earlierassurances to the contrary.

FLAC, TENI and other groupssupporting transgender rights will raisethese issues with the OireachtasCommittee examining the Bill.



Transgender Bill set fordebate but struggle is not

over yet

Read more on FLAC’s policywork on transgender rights at

www.flac.ie

Can you helpincrease accessto justice inIreland?

As an independent humanrights organisation, FLACrelies on a combination of

statutory funding, contributionsfrom the legal professions anddonations from individuals andgrant-making foundations tosupport its work.

Without this generous support,FLAC could not have provided freelegal information and advice directlyto over 25,000 people last year; wecould not continue to represent DrLydia Foy in her ongoing struggle tosecure a birth certificate; and wewould not have the resources tomonitor the implementation of thelong-awaited reform of the personalinsolvency system in Ireland.

As with most NGOs in Ireland atpresent, securing sufficient fundingto maintain FLAC’s services andcampaigns at a sufficient level toensure a real impact is becomingincreasingly difficult.

We are always looking for ways toinvolve new donors and supporters;if you want to find out more abouthow you can support equal accessto justice in Ireland, please [email protected]

FLAC Volunteer Awardsnow countrywide

Last year FLAC made the firstpresentation of a golden pin torecognise long-standing Dublin-basedvolunteers. This year it will beextended to volunteers countrywidein a ceremony on 5 December.


Kendra Rychlick, Megan Crenshaw,and Peter Montine are students atthe University of Washington

School of Law who dedicated their summerto public interest law work in Ireland.

The students were the 2013 recipients ofthe William Sampson Fellowship. It runs inconjunction with FLAC’s Thomas AddisEmmet Fellowship and operates as anintern exchange programme. Every year,recipients from America and Ireland havethe chance to engage with public interestlaw while travelling and working abroad.

Peter Montine said interning in Ireland wasa life-changing experience. “This fellowshipgave me the opportunity to travel and seethe world in a new light.”

Each year, Sampson Fellows are given theopportunity to work at legal centresacross Ireland. This year’s cohort joinedstaff at FLAC, Ballymun Community LawCentre and Northside Community LawCentre. While interning at their respectivelocations, the law students exploredindividual areas of interest while advancingsocial justice efforts.

Kendra Rychlick: BallymunCommunity Law Centre & FLAC

Kendra Rychlick joined the legal staff atBallymun Community Law Centre (BCLC)and FLAC this summer. She said the dualinternship placement enabled her to workwith inspirational and motivated staffcommitted to public interest law. “I loved

being surrounded by such dedicatedpeople. Their passion was a constantreminder of why I chose to pursue publicinterest work,” said Kendra.

As a law student with an undergraduatebackground in international law andhistory, Kendra leapt at the opportunity toresearch international efforts to addresssocial justice issues. “Assessing thestrengths and weaknesses of other legaland political systems is the best way toensure that future policy and legal effortsreflect the best practices available.” Kendraparticularly enjoyed writing a guest articlefor the PILA Bulletin and presenting acomparative social welfare discussion forthe BCLC legal education programme.

Megan Crenshaw: FLAC & BallymunCommunity Law Centre

FLAC and BCLC intern Megan Crenshawsaid she too enjoyed a dual internshipplacement, because it gave her acomprehensive look at public interest law.“Working at FLAC and Ballymun allowedme to assist with every facet of the legalprocess—from policy and advocacy todirect service and education,” said Megan.

As a law student pursuing a concurrentMaster’s degree in Public Administration,Megan was eager to explore law and policyefforts in Ireland. Particularly, she enjoyedworking directly with BCLC clients tosubmit legal appeals and compilingresearch to aid in future FLAC advocacyefforts. Megan’s proudest accomplishment,

however, was utilising her undergraduatebackground in communication to developmulti-media materials for legal educationuse at FLAC and BCLC. “The law shouldbe accessible to every individual —regardless of their socio-economicbackground or education level,” she said.

Peter Montine: NorthsideCommunity Law Centre

Peter helped Northside Community LawCentre with their law and advocacyefforts. He said the internship gave him theopportunity to make a direct impact onthe community around him. “Throughresearch and casework, I was able to aidindividuals who may not otherwise havebeen able to afford legal assistance.”

As an engineering major, working in publicinterest law allowed Peter to use his skillsin a new way. He said the attention todetail he developed as an undergraduatecame in usefully as a legal researcher. AtNorthside, Peter enjoyed delving into Irishsocial welfare law and helping developappeals strategies for individuals negativelyimpacted by the system. “Every new casewas an opportunity to make a difference,”said Peter.



William Sampson Fellowship 2013

FLAC staff updates

We were very sorry to say goodbye to our colleague Saoirse Brady, Advocacy andPolicy Officer, who left FLAC in July after six years. We wish her every success in hernew role as Legal & Policy Officer with the Children’s Rights Alliance.

Saoirse’s place has been taken by Yvonne O’Sullivan. With experience on a range ofissues from her time as a FLAC Legal Intern as well as work with the Migrant RightsCentre and the Irish Refugee Council and volunteering stints in Asia, Yvonne islooking forward to this new challenge.

Saoirse Brady Yvonne O’Sullivan

Save the date!FLAC’s 7th Dave Ellis MemorialLecture on Access to Justice will takeplace in Dublin on Thursday 5

December 2013.

We are pleased to announce that itwill be given by Martin O’Brien,

rights activist and AtlanticPhilanthropies Senior Vice President. Keep an eye on our site for details!


flac news autumn 2013

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