flac news summer 2013 web

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 2 l A P R I l – J u N e 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

As we approach the end of June2013, the Personal InsolvencyAct 2012 remains to be

commenced, though it was signed into lawby President Higgins just after Christmasof last year. This Act provides for thesetting up of a system of PersonalInsolvency Practitioners, or PIPs, who willmake proposals to creditors on behalf ofinsolvent debtors. These proposals will befor Debt Settlement Arrangements(DSAs) or Personal InsolvencyArrangements (PIAs), following theprocessing of a Protective Certificateapplication from the Insolvency Serviceand the Circuit Court.

However, the final regulations to providefor the licensing of such practitioners areonly being issued at the end of June, so inpractice it will likely be August beforeapplications can be taken. Meanwhile, anapproved intermediary unit has beenassembled, composed of secondedadvisors from the Money Advice &Budgeting Service (MABS). They will makeapplications for Debt Relief Notices(DRNs) to the Insolvency Service and theCircuit Court on behalf of debtors withlower levels of debt. The register of suchintermediaries has not yet been published.

It is important to note that DRNs willonly be available to people who do nothave mortgages and where the amount ofqualifying unsecured debts (which doesnot include arrears) – such as personalloans, credit card debts, utility etc – doesnot exceed €20,000 in total. Weunderstand already that a substantialnumber of MABS clients and others whoare insolvent will fail to meet these andother restrictive criteria, leaving the DSAor PIA application as the only avenue

available. However, only a PIP may applyfor either of these arrangements andthere has been much speculation recentlythat insolvent debtors with little by way ofsaleable assets or surplus income may findit hard to get a practitioner to take ontheir case.

There have been some ambiguoussoundings of late on the question ofwhether up-front fees will be allowedunder the legislation. Our reading of theAct is that the question is not specificallyaddressed. Section 65 (2) (e) in relation toDSAs and Section 99 (2) (f) in relation toPIAs generally provide that proposedarrangements must encompass the costsand outlays of the PIP incurred inpreparing and making proposals, inaddition to the likely fees for

administering the arrangements into thefuture. It is commonly understood thatthis money will be paid out of funds madeavailable to creditors by the debtor out ofasset sale and surplus income; this is thenorm in personal insolvency systems. Ifcreditors vote in sufficient numbers toaccept this proposal, the issue is clear cut.However, the Personal Insolvency Actappears to be silent on what might happenif the proposal is rejected at the creditor’smeeting. If there is no viable DSA or PIA,the proposals in relation to costs and feesare redundant.

How, therefore, is the PIP to get paid inthis scenario? The answer, in the absenceof a ban on same, is by charging up-frontfees.

Continued on page 2

L-R: Michael Mulhall, Paul Joyce of FLAC, Liam Edwards and Colette Bennett of MABSndl atthe FLAC personal debt information session in Dublin. See a full report on page 15.

Paying to become insolvent:Up-front fees & the Personal Insolvency Act 2012

FLAC News Summer 2013 THURS_FLAC05 vol15no4 28/06/2013 17:49

flac News | Vol. 23, No. 2

in this edition...Paying to become insolvent 1 & 2

Pre-Budget 2014 submission urgesrespect for dignity & fairness 3

Survey shows most callers ‘verysatisfied’ with FlAC service 4

Team FlAC sparkles in mini-marathon 4

New community legal resource for limerick 5

CClRP case reports published 6

Ombudsman’s report criticises statebodies as ‘improperly discriminatory’ 7

Gauging ‘reasonable behaviour’ in the civil legal aid system 8

FlAC Director General elected to FIDH board 9

eu benefits advisor website 9

Focus on FLAC:

Inside the Centre: Tallaght FlAC 10

Joanne Hyde, FlAC Council 11

PILA update:Focus on PIlA Register lawyers:Katie Dawson Bl 12

Meeting of european clearinghouses 12

A state apology to the transgender community? 13

Future Voices Ireland 14

Moving out of personal debt 15

Danske Bank law Awards 2013 15

Racing funds for FlAC 16

Making your 1% count 16

Concerns around land & Conveyancing law Reform Bill 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, ChristopherCampbell, emma Cassidy, Carol Coulter,Michael Farrell, laura Feely, Mairead Healy,Paul Joyce, Gillian Kernan, YvonneO’Sullivan, Maeve Regan, Zsé Varga,Yvonne Woods.

Photos by Derek Speirs, FlAC, CliveWasson.

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

Paying to become insolvent:Up-front fees & the Personal Insolvency Act

2

PILA & FLAC welcome students on CLE programme

F L A C N E W S l A P R I L - J U N E 2 0 1 3

We in FlAC have already heard that somepractitioners plan to charge a consultationfee of several hundred euro andpreparatory fees of thousands. When theamount of work that a PIP will have to doin examining the debtor’s situation,applying for a Protective Certificate andpreparing a proposal for the creditor’smeeting is factored in, a commercialpractitioner may feel there is no option todo otherwise unless he or she is veryconfident that a proposal will besuccessful. There can be no suchconfidence in a situation of insolvency,given the highly impaired financial situationof so many potential applicants, thecreditor voting approval thresholds builtinto the legislation and the reluctance ofthe credit industry so far to write downdebt in Ireland.

Not that a ban on up-front fees were it tobe introduced (and if it could beintroduced) would solve this problemeither. That would be likely to lead toPIP’s refusing to look at potential clientswith little payment capacity, knowing thatthey cannot charge for any preparatorywork but must leave everything riding onthe prospect of a successful proposal.

FlAC first flagged this issue in itssubmission of March 2012 responding tothe publication of the heads of the draftscheme in January 2012. In thatsubmission, we suggested that analternative here would be for the State toset up a public system whereby anInsolvency Service would employ its ownstaff as public trustees to assess cases andpropose repayment plans to creditors onbehalf of debtors, perhaps referred fromMABS (and others). We added that ‘it may

be that this would be appropriate only forpersonal insolvencies of a lower amount,leaving private trustees to carry out thehigher end work. Thus, a system thatprovided for both public trustees andprivate commercial trustees might beconceivable’.

In our submission on the draft Bill inSeptember 2012, we suggested that:

a system that makes the proposing ofarrangements entirely dependent uponthe judgment calls of privatepractitioners (who after all have to earna living) and which requires substantiallevels of creditor approval, cannotwork without access for the debtor tothe equivalent of legal aid. In this regard,we reiterate the suggestion made in oursubmission on the scheme published inJanuary [2012] that a register of state-funded public insolvency practitionersbe put in place, in addition to thesystem of private practitionersproposed. As already outlined, such aservice could be made up of secondedMABS money advisors and a clear lineof referral could be establishedbetween MABS and any such unit’.

Some 15 months later, that view remainslargely unchanged. It is not too late torevisit this issue. Otherwise, our long-awaited personal insolvency legislationmay be in danger of falling at the firsthurdle for debtors who are both insolventand impoverished.

[continued from front page]

FLAC’s latest submission onthe Personal Insolvency issueis available atbit.ly/nov12PIsub

In June, PIlA and FlAC welcomedCaoimhín O’Madagain and CoiréMcCrystall, third-year law students atuniversity College Dublin, to work withus for the month as part of their Clinicallegal education programme.

Caoimhín and Coiré have been excellentcontributors to our work and we havebeen delighted to have them on board!

Pictured right are Caoimhin (L) and Coire (R)at the FLAC office.



3

Pre-Budget 2014 submission urgesrespect for dignity & fairness

In June 2013, FlAC made its Pre-Budget 2014 submission to theDepartment of Social Protection

highlighting that human rights must berespected especially in times of austerity.The document also refers to our work onreforming the social welfare appealssystem as well as the issue of eu migrantsaccessing social welfare payments inIreland.

Budget Day will take place on 15 Octoberthis year, earlier than the usual Decemberdate, as euro-zone Member States havedecided on a “common budgetarytimeline” for October while thegovernment’s overall budget must beconfirmed and published by 31 Decembereach year. This means that this year’s Pre-Budget Forum will now take place in July.

FlAC was invited to make a submissionto the Department on key areas ofconcern. Given recent statements byboth the President of the europeanCommission, Manuel Barroso and formerInternational Monetary Fund mission chiefto Ireland, Ashoka Mody, that the policyof austerity is “not sustainable” and maybe “counterproductive”, FlAC reiteratedthe importance of the State’s bindinginternational human rights obligations,even in times of recession.

In our submission, FlAC recommendedthat the State ensure sufficient resourcesare allocated to social protection so thatIreland maintains its minimum coreobligations to allow everyone to live a lifeof dignity. FlAC also outlined therequirement for a minimum incomestandard or right to an adequate incomeunder various human rights instruments.The inclusion of protected incomestandards in the recently publishedpersonal insolvency guidelines indicatessome level of state recognition that sucha standard is necessary. However, thisseems to be at odds with a decision toamend social welfare legislation to allowthe Department of Social Protection torecover over-payments from a person’ssocial welfare payment, which could pushhim or her below the level accepted as abasic minimum income, that is, the basicrate of Supplementary WelfareAllowance.

In previous submissions, FlAC along withother organisations have called on theGovernment to carry out poverty impactassessments before introducing anybudgetary measures which couldpotentially have a negative impact andincrease poverty rates. In this light, FlACwelcomes the Social Impact Assessmentof Budget 2013 carried out by the SocialInclusion unit of the Department ofSocial Protection.

However, this assessment was onlycarried out after the cuts wereintroduced and did not include a publicconsultation which the authorsthemselves admit is “ordinarily animportant component of social impactassessment”. FlAC highlights the value ofconsultation in the decision-makingprocess and refers to the 2013 report bythe uN Special Rapporteur on extremePoverty and Human Rights, MagdalenaSepúlveda, which outlines the necessarysteps to ensure meaningful participation.

Reform of the social welfare appealssystem also featured in FlAC’ssubmission, building on our research inthe Not Fair Enough report and looking atthe latest information available on lengthydelays in the system. As already reportedin FlAC news, the european Commissionagainst Racism and Intolerance (eCRI), ahuman rights body of the Council ofeurope recommended in its report issued

in February 2013 that clear rules bepublished for the application of theHabitual Residence Condition (HRC) aswell as calling for the publication of SocialWelfare Appeals Office decisions in casesinvolving the Condition. In relation to theCondition, FlAC highlighted researchcarried out in partnership with the AireCentre in london and a colleague in theNetherlands relating to the barriers facedby eu migrants accessing certain socialwelfare payments.


FLAC’s submission is availableto download at www.flac.ie.

For further reading see:

• FLAC’s ‘Not Fair Enough’report on social welfareappeals reform (2012):bit.ly/NFEfull• Magdalena Sepulveda’sreport on the right toparticipation of peopleliving in poverty (2013):bit.ly/SRparticip• ECRI report (Feb 2013):bit.ly/ecri2013• Tri City Project research(2013) on migrantsaccessing SW payment:bit.ly/tricityrep2013




Survey shows most callers ‘verysatisfied’ with FLAC service

In late 2012 FlAC undertook a CallerSatisfaction Survey to gain an insight intothe experience of callers to our legal

advice centres and telephone informationline. With the help of volunteer assistants,the survey was carried out in 14 centresaround the country, with responses from181 callers. We also ran it for two weekson the telephone information line, withresponses from a further 156 callers.

We would like to thank all the volunteerlegal advisors for the fantastic work they doaround the country, as well as the advisorson our telephone information line, and toshare with you the results of our surveywhich highlights this work.

Of those who contacted the telephoneinformation line, 96% got through to aninformation provider on their first attempt.(Three callers had to call a second time,and only one out of 156 callers was kept onhold). Some 92% of callers said they werefully satisfied with the information given tothem. eight per cent (12 callers) weresomewhat satisfied, and no-one reporteddissatisfaction with the service.

The survey found that both in the centresand on the telephone information line, theCitizen Information Centres are wheremost callers first hear about FlAC. Whileword-of-mouth is the second mostcommon source of information aboutFlAC centres, internet search is thesecond most used method for those whocontacted the phone line.

In the advice centres, about half of callers

surveyed were attending a drop-in servicewhich requires minimal waiting time. Of the85 callers who had made an appointment,68% saw a legal advisor within a week ofmaking it. Twenty-five callers saw anadvisor within two weeks of making anappointment and just two waited betweentwo and three weeks.

When asked how they rated theknowledge of the advisor in the area of lawthat they had discussed, 70% of callers saidthat the advisor was very knowledgeable.21% thought that the advisor wassomewhat knowledgeable, and 8% felt thatthe advisor was not very knowledgeable.FlAC plans to provide additional training inareas of law where the callers felt theadvisor was not expert.

When asked if they found the advicehelpful/satisfactory, almost three-quarters(72%) of callers to FlAC centres said they

were fully satisfied with the service.Twenty-two per cent were somewhatsatisfied, four per cent were not verysatisfied and only one per cent was not atall satisfied.

After the consultation, centres callers wereasked whether their issue had beenresolved or would require further action.Twenty-three callers (13%) believed thatthe issue had been resolved, while 158callers (87%) felt that the matter requiredfurther action. Of these, 129 were veryclear about the next steps required, whiletwenty callers were somewhat clear, 3 hada vague idea and 6 were not clear about thenext steps.

Almost all callers (95%) said they wouldrecommend FlAC to a friend if they had alegal problem. Four per cent were unsureand one per cent said that they would notrecommend the service.

0

10

20

30

40

50

60

70

80

72%

22%4% 1%

Ahuge thank-you is due to the 20 women who walked, joggedand/or ran the 2013 Flora Dublin Women’s Mini-Marathonfor FlAC on 3 June. Taking part this year were: Amina

Adanan, Noeline Blackwell, emer Butler, Anne-Marie Butler,Cateriona Dooley, lisa Dowd, Ciara Flatley, Mary Guy, CatherineHickey, Iona Hueston, Ciara Izuchukwu, Niamh Macevilly, SarahMcDermott, Amanda Moore, Christina Nash, Aoife O’Brien,Yvonne O’Sullivan, lorraine Walsh & Yvonne Woods.

Sponsorship money is still coming in and of course we thank allthose who sponsored the FlAC women! We also thank CormacO’Hanrahan of Printwell Design for generously sponsoring our t-shirts. If you haven’t had a chance to make a donation yet, pleaseconsider doing so. FlAC has to fundraise for all its activities andrelies on grants and donations to support its work in promotingaccess to justice for all in Ireland. You can contribute online byclicking on the iDonate icon at www.flac.ie.

• If you’re interested in other sporting events to raise moneyfor our work, please get in touch with us [email protected] for a sponsorship pack!

Team FLAC sparkles in Mini-Marathon 2013

CALLERS TO FLAC CENTRES - SATISFACTION

Fully satisfied

Somewhat satisfied

Not very satisfied

Not at all satisfied



5

New community legal resource for Limerick

On Friday 26 April, the Ministerfor Housing and TD forlimerick, Jan O’Sullivan,

formally launched the limerickCommunity law and Mediation Centre.The limerick Community law andMediation Centre is the first communitylaw centre of its kind to be establishedoutside Dublin. The Centre provides freelegal information, advice, advocacy andrepresentation services to families andindividuals living in communities identifiedfor regeneration and other socially andeconomically disadvantaged areas inlimerick. The Centre will also provide adispute resolution service and will workto empower the community througheducation, research and campaigns.

The law Centre is funded by the Officeof Regeneration at limerick City Counciland PIlA, the Public Interest lawAlliance. Caroline Keane was appointedSolicitor for the Centre in November2012. Northside Community law andMediation Centre is responsible for theoverall management of the limerickCentre.

The law Centre began providing legalservices and free advice clinics in January2013 and has also commencedcommunity education training and aimsto roll-out various training coursestailored to the needs of the regenerationcommunities.

While based in the Social Services Centreon Henry Street, the law Centreprovides free advice clinics to thecommunities of the four regenerationareas of Southill, Moyross, St. Mary’s andBallinacurra Weston.

The establishment of the law Centrecame about from representations madeby community representatives andactivists in limerick around establishing acommunity law centre to address a verysignificant unmet legal need identifiedprimarily within the regenerationcommunities. The objective was to setup a law Centre in limerick based on themodel of community law centres alreadyestablished in Coolock and Ballymun. ASteering Committee was set upcomprising representatives from variouscommunity groups and other key

stakeholders to provide guidance on thedirection and the development of theservice.

The law Centre undertook a communityconsultation process to establish the legalneeds of the regeneration communities.It is clear from the findings of this processthat a very significant need exists withinthe regeneration communities for anaccessible legal service addressing issuessuch as housing, family/child relatedmatters and social welfare entitlements.The findings and recommendations areset out in detail in a report entitled“Community Consultation Report-unmet legal Need in limerick”.

The community law centre model aims topromote development and socialinclusion by empowering the localcommunity through the provision of legalservices. The law Centre works inpartnership with various local groups inthe four regeneration areas to provideadvice clinics and other services.


L-R: Pictured at the launch Caroline Keane, solicitor, Limerick Community Law & MediationCentre; Moya de Paor, Acting Managing Solicitor, Northside Community Law & Mediation

Centre; and Minister Jan O’Sullivan TD

Contact the Law Centre at (061) 536100 or by e-mail at

[email protected]

You can also find out moreonline at www.nclc.ie

The latest edition of the IrishReview of Community EconomicDevelopment Law and Policy,published by NorthsideCommunity law and MediationCentre, is now available online.

FlAC’s Policy and AdvocacyOfficer Saoirse Brady is amongthe contributors with an articleoutlining the fair procedure andaccess to justice concernscurrently raised by the socialwelfare appeals system.

Her article ‘Making the case forreform of the social welfareappeals system’, along withfurther case studies and bookreviews, is available todownload at:

bit.ly/IRCEDLP2

law & Policy online




Child Care Law Reporting Project casereports publishedBy Carol Coulter, CCLRP Director

In June the Child Care lawReporting Project published thesecond volume of case reports on

its website www.childlawproject.ie. Thisfollows the first volume which waspublished at the launch of the websitelast April.

The demand for the opening up of thesecourts to more public scrutiny had beengrowing for some time, and was voicedfrequently during the Children’sReferendum debate. The Shannon /Gibbons report on the deaths ofchildren in State care or known to theauthorities, published in June last year,recommended that the in camera rule inchild care proceedings be changed sothat they could be reported on.

The making of the 2012 Regulations (S.I.467 of 2012) under the Child Care(Amendment) Act 2007 permitted thesetting up of the Child Care lawReporting Project. Directed by CarolCoulter, former legal affairs editor ofThe Irish Times, the project wasestablished under the umbrella of FlAC,with a brief to attend and report onchild care cases and conduct additionalresearch, to be published on a dedicatedwebsite.

When the website was launched in Aprillast the President of the District Court,Judge Rosemary Horgan said that thematters raised were central to some ofthe most important and talked-aboutaspects of Irish society, including thesupports provided for vulnerablefamilies; the circumstances in whichchild care and supervision orderproceedings are brought; how the rulesof evidence are applied; how litigants,including vulnerable litigants, arerepresented and otherwise supported;how child neglect is identified andremediated and how family reunificationcan be achieved.

“The area of public child law is certainlyin need of greater transparency,” shesaid. “The issue at the core of publicchildcare cases is whether the Stateshould remove the child from theirparents’ care. The rights of parents and

children whether under the Constitu -tion or under international or nationallegal provisions must be respected andtaken into consider ation.”

The first volume of reports containedexamples of neglect including three veryyoung children, all under the age of five,being left alone in a flat without food,light or heat and a teenage boy sent toa residential centre who ran away fromthe centre and ricocheted between hisgrandmother’s and his mother’s house,not being fed or cared-for in either.examples of abuse included a young girlbeing forced by her drug-addict motherto provide a urine sample the mothercould use for urinalysis; another younggirl locked out of the kitchen and deniedfood, while also being forced into a coldshower. Cases reported also include anumber where the judge was severelycritical of the care being provided tochildren by the HSe.

The cases covered in the secondvolume include two where the HighCourt asked the english courts toassume charge of care proceedingsinvolving babies born in Ireland toenglish parents. In both cases theparents were facing care proceedingsfor their unborn children in england andfled to Ireland to avoid them. Themothers had already had children takeninto care in england and both suffered

from addiction problems and hadhistories of violent relationships.

When the children were born in Irelandthe hospitals involved contacted theHSe which got in touch with the localauthorities in the uK. These confirmedthat care proceedings were beingplanned relating to the babies. Inseparate cases the HSe then asked theHigh Court to decide, under theBrussels II Regulation, that theappropriate court to consider thewelfare of the children was in the uK.However, because when it came tocourt the children’s parents did notoppose the applications, the requestwent through without opposition.

The second volume also includes a casewhere a teenage African girl was takeninto care when her teacher learned sheappeared to have been trafficked intoIreland for prostitution. In another case,four children were taken into carewhen their mother was in psychiatrichospital and they were found to “crysilently” and not to know how to useshowers, toilet paper or cutlery.

Noeline Blackwell, FLAC Director General; Judge Rosemary Horgan, President of the DistrictCourt and Carol Coulter, CCLRP Director pictured at the launch of the project’s website in April.

Further reports will bepublished on the website atregular intervals, along with

statistics and otherinformation:

www.childlawproject.ie

© D

erek

Spe

irs



7F L A C N E W S l A P R I L - J U N E 2 0 1 3

The Ombudsman’s Office publishedan investigation report in Juneentitled Appeal Overruled: A failure to

provide basic income for a family seekingasylum. It found that the repeated failure ofboth the Health Service executive and theDepartment of Social Protection to pay afemale asylum seeker and her family thesocial welfare payments to which theywere entitled “…caused significantadverse consequences over an extendedperiod for the family.”

FlAC represented the woman at thecentre of the Ombudsman’s investigationduring the later stages of her appealsprocess. She was initially represented byCáirde, which advocates on ethnicminority health issues, during her firstappeal. Cáirde then referred the case toFlAC when further difficulties arose.

Ms Kileni first came to Ireland in 2007 asan asylum seeker, accompanied by hertwo daughters. Originally, the family werehoused in a direct provision centre but leftthis in August 2008 due to thedeteriorating mental health of one of herdaughters. Two months later, Ms Kilenimade her first application forSupplementary Welfare Allowance(SWA), a basic social welfare paymentdesigned to provide a standard minimumincome.

When her initial application was refused,Ms Kileni appealed the refusal to the HSeAppeal Office. This process has since beenabolished following the incorporation ofthe HSe’s appeal mechanism into theSocial Welfare Appeals Office. When theHSe appeal was rejected, she thenappealed to the Social Welfare AppealsOffice which overturned the previousdecisions and confirmed her entitlementto SWA, recognising the medical andsocial circumstances of her family’ssituation. Ms Kileni received her first SWApayments at the end of 2009.

But within months of receiving herpayment and arrears, she was again cut offfrom SWA in early 2010 by theSuperintendent Community Welfare

Officer. The Officer queried her successfulappeal and decided to pay Ms Kileni andher daughter a weekly equivalent of thedirect provision payment (€19.10 forherself and €9.60 for one daughter). Inthe intervening period, Ms Kileni’s otherdaughter had attempted suicide afterleaving direct provision and wassubsequently placed in foster care on avoluntary basis.

Without the full SWA payment to whichshe was entitled, Ms Kileni could notafford suitable accommodation;consequently, her daughter was unable toleave foster care and rejoin her family. Atthis point, FlAC intervened to assist MsKileni and appealed the second decision ofthe Superintendent Community WelfareOfficer. An oral hearing took place in thesummer of 2011 and the Appeals Officeonce again decided in her favour.However, it was another half a yearbefore Ms Kileni received any payment orarrears from the CWO, motivated by theinvolvement of the Ombudsman’s Office.

In her investigation report, Ombudsmanemily O’Reilly noted that theSuperintendent Community WelfareOfficer had failed to implement multipleAppeals Officers’ decisions, despite thefact that such decisions are ‘final andconclusive’ in law. The Ombudsman alsofound that this failure to pay Ms Kileni themonies she was due prevented thereunification of Ms Kileni and her daughterwho had to remain in foster care. Thereport concludes that this failure“...reflects actions which were takenwithout proper authority, wereimproperly discriminatory as well as beingotherwise contrary to fair or soundadministration.” FlAC has recentlyhighlighted the need for a moretransparent and equitable social welfareappeals system in a comprehensive reportentitled Not Fair Enough.

FlAC welcomes the Ombudsman’s strongcriticism of the maladministration anddelay caused by the actions of the HSe andDepartment of Social Protection. FlACalso welcomes the comments in theOmbudsman’s report that question theappropriateness of the direct provisionsystem, especially for families, and theimpact of that system on the mental healthof both adults and children. FlAC drewattention to the negative impact thatdirect provision can have on asylumseekers in its 2010 report One Size Doesn’tFit All, stating that is “…an unfair systemwhich does not adequately address theneeds of the vulnerable group of peoplefor whom it is meant to provide.”

Ombudsman’s report criticises statebodies as ‘improperly discriminatory’ of

woman and her children

Ombudsman Emily O’Reilly speaking at

the FLAC Not Fair enough report launch in 2012.

•Not Fair Enough and One SizeDoesn’t Fit All are available todownload:http://www.flac.ie/publication s / c a t e g o r y / r e p o r t s /

•The Ombudsman’s fullinvestigative report isavailable to download at:https://www.ombudsman.gov.ie/en/Publications/Investigation-Reports/

© P

hoto

by

Der

ek S

peir

s


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


A ccess to justice is a fundamentalhuman right enshrined inArticle 6 of the european

Convention of Human Rights Act(eCHR) 2003. States have a duty toensure that citizens have a right to accessjustice. There are numerous con -sequences flowing from that right such asthe right of appeal, right to an effectiveremedy and right to a fair hearing.

In Ireland, legal aid in civil matters isprovided by the state-run legal AidBoard. It was set up in part due tolobbying efforts by FlAC and others forthe advancement of marginalised anddisadvantaged groups’ right to accessjustice. A primary catalyst was JosieAirey’s case against the State where theeuropean Court of Human Rightsconcluded that a right of access to thecourts must be real and effective ratherthan theoretical or illusory. The Civillegal Aid Scheme was put on a statutoryfooting in 1995 “to make provision forthe grant by the State of legal aid andadvice to persons of insufficient means incivil cases”.

To assess a person’s eligibility for legalaid in Ireland, he or she has to pass ameans and merits test and agree to muchthe same terms and conditions that

would apply to the relationship betweena private solicitor and client. If successfulin these tests, the person receives a legalaid certificate and can get the legal aidthat they need to represent them incourt.

However, difficulties can arise in anyclient/solicitor relationship, whetherstate or private. Within the civil legal aidguidelines and legislation, clients of thelegal Aid Board and its law Centres areexpected to behave reasonably. If theclient is deemed to behave unreasonably,the legal certificate can be withdrawn. Inthat case, the client is not only deprivedof legal aid from the law centre wherethe difficulty arose, but is deprived ofaccess to the entire network of legal AidBoard law Centres and therefore ofaccess to state-funded legal aid. This issubstantially different to a person who isengaging a private solicitor. The personusing a private law firm can switch toanother firm when problems arise andthus continue to have the support of alawyer through the court case. Theperson on legal aid was deemed toqualify on merit, but is left without legalassistance to vindicate his or her rights.

The legal Aid Board may withdraw alegal aid certificate where it considersthat it is ‘reasonable’ to do so.Regulations made under the Civil legalAid Act 1995 specifically provide that theBoard may terminate a certificate whereit considers that the legally aided personis behaving unreasonably in connectionwith the conduct of the proceedings.However, what is unreasonablebehaviour is not set out in thoseregulations. The legal Aid Board hasdrawn up guidelines on what theyperceive as unreasonable behaviour thatmight lead to the termination of legalservices based on their experiences inlaw Centres in the past. Suchunreasonable behaviour can encompassthe threat of or actual physical assault,threat of or actual self harm (whetheractive or passive), surveillance/stalking,abuse, obscene language and/or gestures,inappropriate behaviour of a personalnature, malicious or vexatiouscomplaints made by clients, and clientswho cause difficulties regardinginstructions. (This list of what constitutesunreasonable behaviour is not

exhaustive; unreasonable behaviour canalso be interpreted by the law centre andsolicitor involved with the legal aidclient.)

No-one is standing up for clientbehaviour which is abusive anddestructive such as the examples givenabove. It clearly would not be proper torequire a solicitor to suffer abuse orassault and to continue with the clientregardless. Solicitors are entitled toprotection from such behaviour.

However, termination of a person’s legalaid certificate on “unreasonablebehaviour” grounds is a decision that hasreal and harsh consequences for thelegally aided person and directly impactson his or her right to access justice. Thecompeting rights and obligations must becarefully balanced.

If a person’s legal aid certificate is injeopardy due to “unreasonablebehaviour”, he or she must be givenproper opportunities for appeal andreview. A person warned that his or herlegal aid certificate is at risk may wish toseek a review. It may be that a discussionon the behaviour in question can clearthe air and there may be an adjustmentof the conditions attached to the legal aidcertificate. If any adjustment is proposed,it is important that the client have aproper opportunity to consider andunderstand the proposed adjustments.Where a review does not result in anychange of attitude by the law Centre,then an appeal can be lodged with thelegal Aid Board’s Appeal Committee.However it is important to note thatthere is a time limit of one month fromthe time of the issue arising. The appealmust argue on issues of “unreasonablebehaviour” by addressing the claimclearly and providing any furthersupporting information.

In all cases where legal aid has beeninitially granted, the State will have takenserious consideration of the client’s legalneed and the client will have beencertified as needing and deserving legalaid. Therefore, in the interests of accessto justice and the rights of poor peopleto a fair hearing, any revocation of legalaid must be done with at least the samelevel of regard for the client’s rights aswas the case in the initial decision.

Gauging ‘reasonable behaviour’ in the civil legal aid system

Donegal law students

At the official launch of letterkennyinstitute of Technology Student legalInformation Clinic in April 2013: l-R:Sharon Mclaughlin Ph.D, lYITAssistant lecturer in law; ZséVarga, FlAC Volunteer & CentresManager and Dr. lynn Ramsey, Headof Department of law & Humanities.

All at FlAC HQ wish lYIT the bestof luck with its new venture!

© P

hoto

by

Cliv

e W

asso

n



9

Earlier this year, three groupsworking on welfare rights inIreland, the uK and the

Netherlands completed a 15-montheuropean union Commission-fundedTri-City project on eu migrants' accessto special non-contributory benefits.

FlAC was the Irish partner, togetherwith the AIRe Centre in london and aDutch consultancy based in Amsterdam.The relevant social welfare payments inIreland are Jobseekers' Allowance, StatePension (non-contributory), Widow'sand Widower's (non-contributory)Pension, Disability Allowance, MobilityAllowance and Blind Pension. A full listof relevant payments is given in AnnexX of eC Regulation 883/04.

One of the fruits of the collaboration isa new eu Benefits Adviser website,launched after the final projectconference in london in February 2013.It provides a questionnaire which can beused by individuals and theirrepresentatives to determine theindividual's eligibility for welfare benefitsin Ireland, the uK or the Netherlandsand is available in a number of europeanlanguages. The Tri-City ProjectResearch Report is also available on thiswebsite.

On 30 May, after receiving severalcomplaints from eu nationals living inthe uK, the european Commissionannounced that it is referring the uK tothe european Court of Justice for being

in breach of eu law. In its press release,the Commission stated that the uK failsto apply the 'habitual residence' test toeu nationals who reside in the uK andclaim social security benefits. Instead,the uK applies a so-called “right toreside” test, as a result of which eucitizens cannot receive specific socialsecurity benefits to which they areentitled under eu law such as ChildBenefit and Jobseeker’s Allowance.

FlAC will monitor this development toascertain whether it will have anyimplications in the Irish context.

EU benefits advisor website launched

FlAC Director General NoelineBlackwell has been elected as aVice-President of an international

body championing human rights acrossthe globe. Noeline was voted on to theBoard of the International Federationfor Human Rights (FIDH) at its congressin Istanbul at the end of May.

She joins leading human rightscampaigners from around the world onthe FIDH board, elected by the now 178member organisations for a three-yearterm.

The Board also includes Belarussianactivist Ales Bialiatski, who has beenimprisoned in Belarus since August2011. exiled Iranian lawyer and long-time rights activist Dr Abdol-Karimlahidji was elected President at thisyear's Congress.

The International Federation for HumanRights (FIDH) is the oldest internationalhuman rights organisation in the worldwith a core mandate to promote therights set out in the universalDeclaration of Human Rights, theInternational Covenant on Civil andPolitical Rights, and the InternationalCovenant on economic, Social andCultural Rights.

The Federation co-ordinates andsupports the actions of its members andmay act as their contact withintergovernmental organisations.

Noeline was nominated for the FIDHelection by the Irish Council for Civilliberties (ICCl). The ICCl is theaffiliate member of the FIDH in Ireland,while FlAC is its correspondentmember here. In Northern Ireland, theCAJ (Committee on the Administrationof Justice) is also an FIDHcorrespondent member.

At the 38th Congress this year,members adopted 26 resolutions onhuman rights situations around theglobe.

For more information andupdates on human rightsinternationally, see

http://www.fidh.org/

FLAC Director General elected to board ofinternational rights body

For more information, see

www.eubenefitsadvisor.org


The new international Board of the FIDH elected at its 38th Congress in Istanbul. FLAC’s Noeline Blackwell is standing on the far right.


“It is great to be able to use myknowledge to help someone elseand to help people feel less

frustrated” says FlAC volunteer advisorDeirdre Farrell.

This sentiment is echoed by many ofDeirdre’s fellow advisors and assistantsat Tallaght FlAC. The Free legal AdviceCentre in Tallaght operates out of thenewly-opened Citizen’s InformationCentre at Hainault House everyTuesday, from 7.30pm to 9pm.

A diverse group combining long-timevolunteers alongside lawyers who arenew to the world of FlAC volunteeringgives weekly advice to the Dublin 24community on a wide range of legalissues. Deirdre notes that unusual legalqueries could arise on any given evening,meaning there is no such thing as atypical FlAC clinic. She admits that“people come in with a great variety ofproblems that might never arise in mypractice, but I still try my very best. Youare giving people a steer and through theresearch you do at the clinics, you get toknow a lot of practical things yourself.For example, things like how to find outyour landlords PPS number if you need itfor a form, or similar things.”

Owen Garvey, another advisor based inTallaght FlAC, agrees with Deirdre thatthe unpredictable nature of the callerqueries can be challenging. Owen hasbeen volunteering in Tallaght since 2009and says that he “likes that challenge ofconfronting myself with areas I wouldn’tsee every day in my work”. He also saysthat he would recommend volunteeringwith FlAC to colleagues in the legal

profession as it is an experience thatbenefits everyone involved. “You aregetting something out of itprofessionally as well as giving to thecommunity”.

The sense of community is shared byCiara Cloake. Ciara acts as an assistantin the Tallaght centre, having originallybegun her volunteering time with FlACin its Finglas centre. FlAC assistantssupport the legal advisor (who isgenerally a lawyer) by researching legaltopics during meetings with callers.

It is more than two years since Ciarabegan volunteering with FlAC and shesays that her love of voluntary workstarted at home. “My family always hada strong volunteering background, Igrew up with everybody volunteeringaround me, it is normal for me.Sometimes I feel I learnt more than Igave in FlAC,” says Ciara.

elaine Conlon was motivated tovolunteer with FlAC through her

earlier interaction with PIlA. “I alwaysread the PILA Bulletin and I heard aboutNoeline Blackwell many times. It wasinspiring, and I joined”. Since coming onboard the volunteer team in Tallaght atthe start of 2013, elaine has beenimpressed with the level of training andsupport that FlAC advisors receive.“You can see that there is a system inFlAC and it feels safe” she commented.

However, the main motivating factor forall the Tallaght volunteers was thesatisfaction of knowing that their workenables more people in Ireland toaccess justice. elaine summed it upparticularly well when she described themost enjoyable aspect of volunteering:

When somebody tells you that theynow understand where they standand they can deal with theirproblem now. It is very encouragingand fulfilling to be able to help likethis.


Inside the Centre: FLAC @ Tallaght


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

Owen Garvey, Elaine Conlan and DeirdreFarrell pictured at Tallaght FLAC.

Ciara Cloake, assistant at Tallaght FLAC.

If you live in the Tallaght areaand need confidential legaladvice, you can make anappointment by calling 076

107 8340.

The centre operates everyTuesday, from 7.30pm to

9.00pm at Tallaght Citizens' InformationCentre, Hainault House,

The Square, Tallaght, Dublin 24

Training Day for Cork volunteersVolunteer advisors in FLAC centres inthe Cork region had the opportunityin June to attend an informationsession on legal topics such aspersonal debt, bankruptcy and civillegal aid.

Pictured left is Noeline Blackwellspeaking to the volunteers at thesession.




Joanne Hyde is the newest member ofFlAC’s Council, rejoining the board inJanuary 2013 after a break of six years.

FlAC’s Council meets regularly to discusspolicy issues and governance concerns.The Council is elected at FlAC’s AGMand with Joanne is currently composed ofits Chairperson Peter Ward, Cork-basedsolicitor Don Crewe, barrister and rightsactivist Roisin Webb and Dr liamThornton of uCD’s School of law.

Joanne is currently a Partner at evershedsSolicitors and is also Head of the firm’semployment law Department. While shedid not harbour ambitions of qualifying asa solicitor in her school days, Joanne’searly aptitude for english and history lentthemselves to a legal career path. Thisnatural progression saw her complete aBCl degree at university College Cork,where, with the benefit of hindsight, shemade her first link with FlAC. “PeterWard (current FlAC Chairperson) wasactually my family law lecturer in college,so you could say I had a link to FlAC inmy uCC days!” notes Joanne.

After graduating in 1991, Joanne moved toDublin and began a traineeship withcorporate law firm Gerrard ScallanO’Brien. When her traineeship wascompleted, Joanne moved to Australia. Itwas during her tenure as a paralegal inSydney that she gained exposure toemployment law. While initially daunting,the time Joanne spent working in NewSouth Wales taught her how to adaptquickly and to take on legal challengesoutside her comfort zone – skills thatwould come in very useful as a FlACvolunteer in later years!

upon returning to Ireland, Joannediscovered that the employmentlandscape had markedly changed. Therewas huge growth in the legal sector andthe demand for new Irish graduates oftenoutweighed supply. In 1996, Joanne joinedA&l Goodbody where she spent sevenyears working as a solicitor. It was duringthis time that she became involved involunteering through A&l Goodbody inone of FlAC’s evening advice clinics. “Ivolunteered in the Meath Street clinic andas a junior solicitor, I found it challengingand ultimately really rewarding” recallsJoanne. “I realised that all too often we

take our legal training completely forgranted. A lot of the callers to the FlACevening clinics just needed help withnavigating a financial or legal system orunderstanding a letter they’d received.Talking the problem through withsomeone is a great starting point andFlAC offer people the opportunity to geta basic steer on what their legal issue is.”

Around this time Joanne also served onFlAC’s Council, introduced by her goodfriend and former FlAC chairpersonSiobhan Phelan Bl. However, Joannestepped down from the position when sheleft A&l Goodbody to take up a role as in-house lawyer with technologymanufacturer, Intel. Joanne admits thattime commitments associated with hernew role and “...feeling out of the privatepractice loop to a certain extent...” meantthat she decided to take some time awayfrom FlAC Council. However, shereturned to private practice in 2007joining eversheds and would later returnto FlAC’s Council at the start of 2013.

Joanne’s current role as partner and Headof employment law Department meansthat every day is challenging andunpredictable. “That’s the joy of my job”says Joanne, “there’s no such thing as atypical day. I’m involved in both thecontentious and non- contentious side ofthe firm’s employment law work. That

could range from defending employmentlitigation to conducting stress at workaudits and on top of that, as a partner, Ihave a managerial role in the firm’sinternal workings too.”

Her new role with eversheds had allowedJoanne to think about entering theboardroom again and a return to FlACCouncil seemed the perfect fit. She notesthat “...as a lawyer who wants to givesomething back at board level, it makessense to use your legal skills and help outin the most practical way you can. Withmy professional experience and history ofvolunteering with FlAC, a return to theFlAC Council made complete sense.”

In addition to her employment law role,Joanne is also the partner in charge ofcorporate social responsibility ateversheds. This gives her an insight intothe importance of pro bono work and alsomeant nurturing a close workingrelationship with PIlA, FlAC’s publicinterest arm. Joanne feels that Ireland islagging behind its internationalcounterparts in terms of recognising thepower of pro bono work.

“In the uSA and Australia for example,their levels of pro bono sophistication arelight years ahead of us. One of theadvantages of being an international lawfirm is that we can observe and learn fromsome of our international offices whichmay be ahead of us in this area,” she sayseversheds is one of the leading law firmswho have signed up to PIlA’s pro bonoregister, which matches charitableorganisations in need of assistance withwilling legal practitioners.

Joanne greatly admires the work of PIlAand all organisations who are attemptingto promote the concept of pro bono inIreland. One of her ambitions in thecoming years is to foster a deeperunderstanding of what public interest lawmeans. “I want to see more pro bonowork being carried out and in a muchmore structured way. It’s hard to create apro bono culture unless the sector is moreorganised – and that is why the role ofFlAC and PIlA is so important in thisregard.”

Joanne Hyde, FLAC CouncilF O C U S O N F L A C :

Joanne Hyde



An interview with one of the volunteerlawyers who have signed up to PILA’sPro Bono Referral Scheme.

How did you find out about the PILAPro Bono Referral Scheme?I first heard about PIlA when Ivolunteered with FlAC. A seniorcolleague and friend then recommendedme to PIlA and I believe that was how Iwas first contacted.

Did you find the scheme easy to deal with?Very easy. A request is sent out and if it isan area of law or an issue in which I haveexpertise or interest, I can reply offering toassist. A meeting is generally arranged withthe organisation to see what it is lookingfor in terms of legal research or advice andhow volunteers might assist them.

What were the most challengingaspects of referrals that you havetaken on through the scheme?Probably the time limits, but they aremostly self-imposed! PIlA and theorganisations understand how longresearch might take and I never feelpressure to complete research or tovolunteer for particular projects. Theflexibility afforded is excellent forpractitioners.

How did the experiencecomplement your regularwork?I have found it very helpful. A lot ofmy work has involved researchinghow legal issues are addressed inother jurisdictions and consideringwhat might work here in Ireland.Many organisations are looking forhelp in terms of advocating forlegislative reform because they cansee through their own work whatreform is needed. In areas where Imyself routinely practice, this is ofassistance to me in terms ofrepresenting clients.

Would you do more pro bono worklike this?Absolutely. PIlA plays an important role inplacing NGOs, community groups andlegal/advice centres in touch withpractitioners who may be able to helpthem with legal issues. Barristers have along tradition of pro bono work; it issomething that is valued by our profession.I have always been interested in rights-based areas of law. It is fantastic to havethe opportunity to work withorganisations who offer services to oftenvulnerable and sometimes disenfranchisedgroups within our society. What they domatters to us all. To be able to play a role

in assisting them, even in a small capacity,is very rewarding.

Would you recommend doing probono work through the referralscheme to other barristers?I highly recommend it, particularly forlawyers practising in rights-based areas oflaw. It is perhaps a cliché, but many of usbecame lawyers because we believe inprotecting, upholding and vindicatingpeople's rights. We see our laws asreflecting the values we hold as a society.Pro bono work gives us a way to offer helpto organisations working to vindicatepeople's rights. It is a win-win situation forall involved.

PUBLIC INTEREST LAW ALLIANCEU P D A T E

Focus on PILA register lawyers:Katie Dawson BL

12 F L A C N E W S l A P R I L - J U N E 2 0 1 3

In May, PIlA met with representativesfrom other european clearinghouses for acollaborative workshop and know-howexchange. The meeting was organised byPIlnet, the global network for publicinterest law, at its european office inBudapest, Hungary.

As part of its work to bring togetherprivate sector lawyers and NGOs andadvance local cultures of pro bono work,PIlnet convenes an annual european ProBono Forum. At the meeting in Budapest,the group exchanged know-how aboutcollabora tions, organised by the clearing -houses, between lawyers and NGOs. PIlAand other clearinghouse representatives

spoke to with PIlnet about ideas for theupcoming Pro Bono Forum, which will beheld in October in Warsaw. Top of theagenda was building the foundations for aeurope-wide pro bono network.

Meeting of European clearinghouses Staff update

All in PIlA & FlAC were sorry to saygoodbye to colleague lianne Murphyrecently. We wish her much success in hernew job with Age Action and we welcomeher successor as Project Officer, MaireadHealy (see Mairead’s article on pg 14).

Maeve Regan of PIlA at the clearinghousemeeting.




The former Minister said:

We let them [the transgendercommunity] down ... I apologise forfailing to react at the opportune timewhen decisions taken did not grant[her] the rights she requested and forfailing to enact the necessarylegislation before.

And the current Minister replied:

It’s about human rights. even if it’sabout one person, we must guaranteethat that person’s rights aresafeguarded. everybody must betreated equally and we all have ourrights and liberties. ... The law will notaffect many people because thetransgender persons are not manybut their victory is everybody’svictory. This is a victory for freedom.

Was this a report of the debate in the Dailwhen legislation to recognise transgenderpersons was finally passed? And was thefirst speaker referring to lydia Foy’s longstruggle for recognition in her preferredfemale gender?

Sadly, not yet. This was the debate in theMaltese parliament in June when it passeda Bill to recognise transgender personsand allow them to marry in their owngender. And the references were not tolydia Foy but to Joanne Cassar, who hadbeen refused the right to marry in herown gender and had made a complaint tothe european Court of Human Rights.

The Maltese Bill is not the most advancedor progressive gender recognitionlegislation in europe. In fact, it is fairlyrestrictive, but it was a big step forwardfor hitherto intensely conservative Malta.And what was most impressive about itwas the speed with which it was deliveredand the generous apology to JoanneCassar and the Maltese trans community.

A new labour government was elected inMalta in March and during the election ithad promised to withdraw the state’sopposition to Joanne Cassar’s case inStrasbourg and bring in gender recognitionlegislation.Within three months, by the

end of June, it had done so; further, theoutgoing conservative government partyhad changed its stance as well.

It was the deputy leader of the formergovernment party who acknowledged thathis party had let down the transgendercommunity. It was the new Minister forSocial Dialogue, Consumer Affairs andCivil liberties who said the law should bepassed even if it affected only one person.

By contrast, and despite a promise in theProgramme for Government to bring ingender recognition legislation, the IrishState has entered a full defence to the newlegal proceedings begun this year by lydiaFoy. Dr Foy is trying to implement thejudgment of the High Court in her casefive years ago that the State had breachedher rights under the europeanConvention on Human Rights.

But there are hopeful signs that attitudesare changing and that there is a movementto end the injustice that transgenderpersons have suffered for so long. SinnFein published a private members Bill inMay that would provide for a liberal andinclusive scheme for recognisingtransgender persons. It has beenwelcomed by Transgender equalityNetwork Ireland (TeNI) and FlAC.

And Independent Senator KatherineZappone has also been preparing aGender Recognition Bill for discussion inthe Seanad. The Seanad Bill also takesaccount of the most recent developmentsin gender recognition legislation in europeand in Argentina and again it has beenwarmly welcomed by TeNI and FlAC.

Both Bills would do away with highlyintrusive and demeaning medical criteriafor gender recognition and with theproposal by the Government’s advisorygroup on this issue that marriedtransgender persons should have todivorce as a pre-condition for recognitionin their preferred gender. This ‘forceddivorce’ policy has been dropped bycountries like Germany and Austria as abreach of the rights of transgenderpersons and it has become meaningless inthe growing number of countries thatprovide for marriage equality.

Hopefully, the discussion around the twonew Bills will help to shift public debate onthis issue away from a narrow andexcessively legalistic perspective andtowards the view expressed by theMaltese Minister that transgender rightsare human rights and a victory for thetransgender community will be a victoryfor all.

A state apology to the Transgender Community? If Malta can do it, why not Ireland?

Lydia Foy pictured with President Michael D. Higgins in December 2012.

Phot

o by

Der

ek S

peir

s an

d w

ith k

ind

perm

issi

on o

f the

IHR

C




Future Voices Ireland is a new probono youth empowerment/legaleducation project founded by 7

legal volunteers on a mission to diversifythe legal profession. We are working withhand selected teenagers from DeISSchools across Dublin with the lowestlevels of third level progression. We arecommitted to empowering our youngpeople through increasing theirconfidence and self-esteem to pursuetheir dreams regardless of theirbackgrounds. Secondly, we also equipthem with the professional skills, practicalexperience and knowledge to realisetheir ambitions. FVI represents a differentapproach; we are a grassroots projectinvesting in a long-term commitment togenuinely transform the aspirations of theteenagers we work with.

After many months of planning, we kickedoff in January 2013 with our FlagshipProject, a 6-month empowermentprogramme taking place every weekendfocused on human rights. This includesmeeting with legal experts, undertakingresearch with their peers and taking partin dynamic workshops and debates. Wedecided to focus on the mostcontroversial and contemporary areas ofhuman rights which is most relevant. Forexample, the abortion debate, mediaprivacy, penal reform, Irish Travellerrights and cyber bullying, all of which aredivisive issues in Irish society today,allowing our young people to form theirown opinions.

We have been very lucky to receive thesupport of leading Irish legal figures eachgiving our students these life-changingexperiences. For example, we have hadthe Children’s Ombudsman emily loganspeaking on children’s rights, formerMountjoy Prison Governor John lonerganspeaking on prisoners’ rights and SenatorDavid Norris discussing gay rights. We aredeeply indebted to all of our esteemedspeakers who gave their time for free atweekends, as well as to the education staffof the law Society without whom wewould not have been able to implementthe project. We are also extremely luckyto have the support of trainee lawyers andlaw student volunteering as group leaders.

In the course of the project, the studentshave transformed from shy teenagers intoconfident debaters with their own strongopinions. In particular, the studentsbecame particularly passionate about thesituation of children of prisoners anddecided to make a documentary aboutthis. We were delighted to recently learnwe were runners-up finalists in the ICClHuman Rights Film Awards (HRuMC) forthis video. linked to this, the studentshave decided to campaign for a Bill ofRights for children of prisoners and haveset up a national coalition of NGOs andexperts to do this.

In April, we held our official launch at theMansion House, sponsored by FlAC.We were delighted to have Mr JusticeFrank Clarke and Minister for SocialProtection Joan Burton TD as keynotespeakers. Both are former pupils ofschools our students attend. Mr JusticeClarke’s speech was inspirational as hegenerously shared with us his own storyof triumph despite the odds. He has sincekindly invited us to visit him down at hischambers at the Supreme Court and welook forward to meeting him soon.

Following the Flagship programme, ourstudents will undertake summer workplacements and we will welcome themback in January for our new “Step up tothe Mark” programme to run

simultaneously with our new intake offlagship students. This builds on theflagship programme by supporting ourstudents academically to progress ontothird level. By raising their academicgrades across exam subjects throughtuition in subjects they may be strugglingin, we seek to ensure they achieve theiracademic potential. This will beimplemented through a group studygroup environment with specialist tuitionfrom volunteer tutors alongside practicalsupport including sessions on study skillsand stress management. Following onfrom this, our young people will receivementoring throughout their studies andassisted in making university applications.

Overall, we hope we can encourage ourstudents to overcome obstacles torealising their goals. In so doing, we hopeto have a more diversified legalprofession which will encourage othersbehind them to have the confidence todo the same.

• Since writing this article, Maireadhas joined FlAC’s PIlA project asProject Officer. Welcome onboard!

Future Voices IrelandBy Mairead Healy, Project Director

Contact FVI at:[email protected]

More info at:www.futurevoicesireland.org

L-R: Emer Lyons, Sarah Sheppard, Mr Justice Frank Clarke, Dr Jacqueline Hayden, Donncha OConmhui, Mairead Healy, Shona Madden, Grainne Hassett at the official project launch


On 16 May, FlAC hosted apersonal debt informationsession covering the legal

framework for personal debt from pre-arrears all the way through insolvencyto bankruptcy. entitled ‘Moving out ofPersonal Debt: How to use the newlegal infrastructure on personal debt andinsolvency’, the session was primarilyaimed at FlAC’s network of volunteeradvisors, but any interested person waswelcome to attend.

FlAC’s information session aimed toprovide our volunteers legal advisorswith the tools they need to assist themany people calling to our eveningadvice clinics with debt queries. In 2012,advice on issues of credit and debtaccounted for about 9.7% of enquiriescountry-wide.

We were very lucky to have a highlyqualified array of speakers with the mostup-to-date information on the varioustopics. These were:

• lorcan O'Connor, Director,Insolvency Service: An Introductionto the Insolvency Service of Ireland

• Christopher lehane, OfficialAssignee in Bankruptcy: Bankruptcyas part of Personal Insolvency inIreland. (Chris topher also prepareda very com prehensive three-partGuide to Bankruptcy coveringsecured creditors, personalinsolvency & bankruptcy in general)

• Colette Bennett, ProjectDevelopment Manager, MABSNDl: Debt Relief Notices - What arethey and how to apply for one?

• Paul Joyce, Senior Policy Analyst,FlAC: The Code of Conduct onMortgage Arrears 2013 and thePersonal Insolvency Act 2012 – aconsumer perspective.

• Tom Murray, Partner, FrielStafford: The Personal InsolvencyPractitioner's (PIP) perspective

The event was chaired by FlAC DirectorGeneral, Noeline Blackwell. Please notethat while you are free and welcome todownload, use and distribute thesematerials, you should give credit to andclearly reference the person whooriginally wrote the materials in doing so.You may not use these works forcommercial purposes and you may notalter, transform or build upon them.

Feedback from our volunteers andother attendees has been very positive,in particular around the materialsprovided by the speakers.



Moving out of personal debt: An online information

resource for all

All materials are available fordownload at www.flac.ie

You can view video clips onour YouTube channel:youtube.com/flacireland

Danske BankIrish Law

Awards 2013

FlAC was named ‘Pro Bono and PublicInterest Team of the Year’ at thisyear’s Danske Bank law Awards at aceremony in the Four Seasons Hotelon 3 May 2013. Nominated in acategory alongside some outstandingteams and individual practitioners,FlAC was honoured to be chosen asthe overall category winner.

Now in its second year, the Irish lawAwards were designed toacknowledge the achievements ofIreland’s legal community. Followingon from the success of the inauguralawards, the 2013 event saw awardsgiven out in 25 different categories.

FlAC was represented at theceremony by Director GeneralNoeline Blackwell, who received thevery eye-catching hand-crafted glassaward for Pro Bono and Public InterestTeam of the Year from Brian O’Neillof Documatics, which sponsored thiscategory.

FlAC would like to extend itscongratulations to all this year’snominees and award winners.

Some of the presenters at the ‘Moving Out of Personal Debt’ information session: (L-R)Christopher Lehane, Official Assignee; Tom Murray, FrielStafford; Paul Joyce, FLAC;

Colette Bennett, MABSndl.

FLAC Director General Noeline Blackwellis presented with the 2013 Law Awardfor Pro Bono/Public Interest Team of theYear by Brian O’Neill of Documatics, thePro Bono category sponsor.

Staff/Council updateAll in FlAC were sorry recently to bidfarewell to our colleague KirstyWatterson. After five years asFinancial & IT Co-ordinator, Kirsty hasreturned to her native Isle of Man. Wewish her much success with her futureendeavours. Congratulations go toFlAC Chairperson Peter Ward SCwho received a Merit Certificate inthe JuSTICe Media Awards 2013recently for his radio series withproducer Fiona Kelly, The Lawmakers.




On 3 May, legendary rockers Ten Speed Racer reformed - for one nightonly - in Dublin music venue Whelan’s. The lads very generously splitthe proceeds of their reunion gig between FLAC and Amnesty Ireland.

The band’s Pat Barrett stopped by to pass on this generous donation- he is pictured above with FLAC’s Rachel Ferguson, Emma Cassidyand Emer Butler. Thanks very much to all the Ten Speed Racer crew!

Racing funds for FLAC! Making your 1% mark

In spring 2013, Oireachtas debate onthe land & Conveyancing law ReformBill 2013 began in earnest. Having been

presented to the Dáil at the end of March,an order for second stage was made on 30April. Minister for Justice Alan Shatter TDintroduced the Bill to the Dáil, saying thatthis relatively short piece of legislationaimed to restore “our law on aspects ofrepossession to where it was intended tobe under legislation enacted in 2009”.

The 2009 legislation referred to byMinister Shatter is the land Conveyancing& law Reform Act 2009. The High Courtdecision in Start Mortgages v Gunn handeddown by Ms Justice elizabeth Dunnehighlighted a gap in the law created by the2009 Act. As a result, repossession casesinitiated after a certain date were halted.With the Troika calling on the state toresolve the bar on repossessions, thegovernment put forward the land &Conveyancing law Reform Bill 2013,which attempts to close the legalloophole.

FlAC communicated its concerns aboutthis Bill and its likely effects on Irishrepossession rates to Oireachtas mem -bers. Prior to the second stage debate,FlAC reiterated the need to balanceincreased repossessions with greaterconsumer protection and the legal rightsorganisation made the following points:

1. Courts should have regard to thelender’s compliance with the Code ofConduct of Mortgage Arrears whenexamining a repossession application.If not satisfied, the court should havethe option of refusing the application.

2. The 2-month initial repossessionadjourn ment period to allowborrowers to explore PersonalInsolvency Arrange ments should belonger, possibly 4 or 6 months.

3. In order to avoid unnecessarily highercosts and for logistical ease forborrowers, FlAC recommends thatrepossession proceedings be com -menced in the Circuit Court insteadof the High Court.

4. It would be helpful if it was clarifiedthat one of the terms of an order forsale could be to allow the court todetermine the responsibility for anyshortfall of debt on the sale.

5. It would be helpful if the Bill includeda requirement that the borrower haveaccess to adequate legal and financialadvice and assistance where a lenderproposes a form of consent as thesetend to be complex documents.

6. FlAC also has a general seriousconcern about the lack of adequatelegal and financial advice available to

borrowers who are faced withnegotiation under the Code ofConduct on Mortgage Arrears orfaced with repossession proceedings.

During the Second Stage debate in theDáil, 12 individual deputies mentionedFlAC’s recommendations and othercontributors to the debate echoed ourviews indirectly. Minister Shatter alsonoted that Committee Stage discussionswould “...take account of the viewsexpressed by the Free legal AdviceCentres...”.

While no specific mention was made ofFlAC’s proposals at Committee Stage on25 May, many of the amendmentssuggested to the Minister by the SelectJustice Committee cited our concernaround compliance with the Code ofConduct on Mortgage Arrears.

As FLAC News goes to print, the land andConveyancing law Reform Bill 2013 hasbeen referred back to the Dáil for ReportStage. FlAC will be watching with interestwhat changes (if any) are made to the Bill.Most importantly for borrowers, FlACwill be keeping a close eye on the Bill’splace in the overall personal debt scheme,and if passed, how it fits in with theInsolvency Service, the Code of Conducton Mortgage Arrears and the PersonalInsolvency Act.

Concern around Land & Conveyancing Law Reform Bill

A campaign to encourage Irish people to think abouthow they can support causes that they believe in waslaunched on 19 June. The ‘One Percent DifferenceCampaign’ aims to develop a culture of sustained givingin Ireland, with everyone giving one percent of eithertheir time or their income to a worthy cause.

Ireland is already a generous country and in terms offrequency of giving, we are one of the most generouscountries in the world. The challenge is that we are lessinclined to give in a considered and sustained mannerwhich enables charities to plan over the longer term.

With two of the largest philanthropic foundations inIreland, One Foundation and the AtlanticPhilanthropies completing their grant-making over thenext few years, many organisations including FlAC arelooking for ways to diversify their funding base; thisone percent has the potential to make a hugedifference.

Learn more at www.onepercentdifference.ie


flac news summer 2013 web

Documents

f r e e

c e c e n t r e sas

j u n e

personal insolvency

personal insolvency

personal insolvencyact

insolvency serviceand

flacnewsi s s n