Flacvol17 34 julydec 07pdf

flac NewsI S S N 0 7 9 1 4 1 4 8 l D O U B L E I S S U E l V O L U M E 1 7 l N U M B E R S 3 & 4 l J U L Y - D E C E M B E R 2 0 0 7

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

Irish Government must recognise rights of

Transgendered personsFLAC welcomes first ever Declaration of Incompatibility

with European Convention on Human Rights

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DDrr LLyyddiiaa FFooyy aafftteerr hheerr hhiissttoorriicc ccoouurrtt wwiinn ffllaannkkeedd bbyy ssoolliicciittoorr MMiicchhaaeell FFaarrrreellll;; ffuullll ssttoorryy oonn ppaaggee 33 iinnssiiddee..

T hrough the Thomas AddisEmmet Fellowship, FLAC givesone Irish student the opportu-

nity to take part in a programme run inconjunction with the University ofWashington, Seattle each summer.

In his or her two-month stay in theUnited States, the successful candidatehas the chance to work in the field ofinternational public interest law andearn invaluable first-hand experience inhuman rights and public interest cases.

The fellowship competition is now openand completed entries must be receivedby 8 February 2008. Further details andan application form may be obtained atwww.flac.ie/about/fellowships or by con-tacting FLAC.

flac News Vol. 17, Nos 3 & 4

F L A C N E W S l J U L Y – D E C E M B E R 2 0 0 722

iinn tthhiiss eeddiittiioonn......

Government must recognise rights of Transgendered persons 1 & 3

FLAC concerns refected in LRCprogramme 2008-2014 2

FLAC Fellowship 2008 2

Why should the poor pay more for credit? 4-5

Inaugural Dave Ellis memorial lecture 6-7

Child Benefit: Proving the centre of interest 8

Child Benefit - campaign update 9

New look for FLAC website 9

TDs raise unfair exclusion of older people from juries 10-11

Focus on new FLAC staff 11

Volunteer training in Cork 12

Staff announcements 12

FLAC News is published quarterlyby Free Legal Advice Centres Ltd.,13 Lower Dorset Street, Dublin 1.

Editing & Layout: Yvonne Woods

Contributors: Noeline Blackwell,Saoirse Brady, Michael Farrell,Catherine Hickey, Sarah Horgan,Paul Joyce, Katie Hayes

ISSN 07914148

Photos: Brian Barron/Courtpix,FLAC, Derek Speirs

The views of individual contributorsdo not necessarily represent theviews of FLAC.

FLAC News - ISSN: 0791 494822000077 FFeellllooww CCllaaiirree MMccHHuugghh

rreecceeiivviinngg hheerr aawwaarrdd ffrroomm MMrrssJJuussttiiccee CCaatthheerriinnee MMccGGuuiinnnneessss,, wwhhookkiinnddllyy aaddjjuuddiiccaatteedd tthhee ffeelllloowwsshhiipp

In December 2007, the Law ReformCommission announced its pro-gramme of work over the next

seven years.The programme is the prin-cipal basis on which the Commissioncarries out its statutory mandate tokeep the law under review.

In all, 37 law reform projects will beexamined by the Commission. As statedby its President, the Hon. Mrs. JusticeCatherine McGuinness, the commissionÕswork in framing the Third Programme ofLaw Reform followed a wide-rangingconsultation with the public, governmentdepartments, members of the legal pro-fession and non-governmental communi-ty and voluntary organisations.

The Commission received over 200submissions from a range of individualsand organisations, including FLAC. Thusit is heartening to note that issues raisedby FLAC are amongst the 37 projects tobe undertaken. These relate to juries,debt enforcement and gender recogni-tion. One topic which the Commissionproposes to treat as a priority is a gen-

eral review of the law relating to juries.FLAC is concerned about the exclusionof certain categories of people from juryservice and is currently challenging theexclusion of a potential juror aged over70 and another juror who is deaf.

The Commission will also examine thelegal issues surrounding debt enforcementand securing interests over personal prop-erty. FLAC is pleased to see that our workin this area has been specifically noted andthe Commission proposes to consult withFLAC and other interested parties.

Finally, at a time when FLAC is workingon transgendered issues, particularly inthe case of Dr Lydia Foy, theCommission proposes to review currentlaw on gender recognition to ensure thatit complies fully with international humanrights standards, including the ECHR.

FLAC concerns reflected in LawReform Commission workprogramme 2008-2014

FLAC Fellowship 2008

Full details of the programme are available from the Commission website at www.lawreform.ie/

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F L A C N E W S l J U L Y – D E C E M B E R 2 0 0 7 33


Irish Government must recognise rights of Transgendered persons

On 19 October 2007, JudgeLiam McKechnie gave judg-ment in the High Court in

Dublin in the long running case of Foyv the Registrar General.

Dr Lydia Foy had issued the proceed-ings claiming that Irish law breachedher human rights by failing to providelegal recognition for transgenderedpeople.

She began judicial review proceedingson 14 April 1997. The case was firstheard over 14 days in October 2000and judgment was given by Mr JusticeMcKechnie on 9 July 2002. He foundagainst Dr. Foy. She appealed to theSupreme Court and the case wasfixed for hearing in November 2005,but when she sought to raise issuesunder the European Convention onHuman Rights (ECHR) Act, 2003, theSupreme Court referred it back tothe High Court to deal with theECHR issue.

Dr Foy then issued new proceedingsin January 2006, which were clearlycovered by the ECHR Act, and bothsets of proceedings were heardtogether by Judge McKechnie in April2007.

On the occasion of the 2007 judg-ment, FLAC, which has acted for DrLydia Foy in the 10-year long pro-ceedings, issued the following pressrelease:

ÒFree Legal Advice Centres(FLAC) today (19th October)welcomed the judgment in theLydia Foy case and called on theGovernment to take immediatesteps to provide legal recogni-tion for transgendered or trans-sexual people.

ÒFLAC, which represented DrFoy in this case, also welcomedthe High Court’s declaration

that the law in Ireland on thisissue is incompatible with theEuropean Convention onHuman Rights. This is the firstever declaration of incompatibil-ity under the EuropeanConvention on Human RightsAct, 2003 and FLAC said that itshowed that the 2003 Act couldhelp defend human rights thatwere not sufficiently protectedby our domestic laws.

FLAC said: "The Foy decision,which recognises the difficultyand pain undergone by thetransgendered community andtheir family members, is animportant step towards break-ing down stereotypes, acceptingdifference and creating a morediverse and tolerant society inIreland.

ÒThe human rights body, whichspecialises in access to justiceissues, paid tribute to Dr Foy forher courage and determinationin taking this case and persistingwith it for more than ten years.It is just over five years since herapplication was first turneddown in the High Court on 9July 2002, ironically by Mr JusticeMcKechnie, and she has strug-gled on since then with greatcourage and conviction.

Ò We welcome the strong andcourageous decision by JudgeMcKechnie to declare that theexisting law fails to protect therights of transgendered personsand that Ireland is now extreme-ly isolated on this issue in thewhole of Europe.

ÒFLAC welcomes the judge’scompassionate recognition ofthe plight of the transgenderedpersons and their burning desireto have what they regard as their

true gender legally recognised.

Ò We welcome this decision togrant a declaration of incompat-ibility that now sends this issueback to the Oireachtas but witha strong message that the rightsof transgendered people mustnow be officially recognised.

Ò We welcome in particular thejudge’s statement that the courtwould be lacking in any integrityif it did not recognise that DrFoy’s human rights had been vio-lated.

Ò We call upon the Governmentto seize the opportunity thisdecision offers to bring in com-passionate and forward-lookingproposals for change instead ofremaining on the outer fringesof European opinion on thisissue."

FLAC thanked the members of itslegal team, past and present, who haveworked on this case over the last tenyears and all those who helped inresearching the legal position aroundthe world for the purposes of thiscase.

Persons interested in finding outmore about campaigning for trans-gendered persons' rights may wish

to contact the following organisations:

Press For Change: www.pfc.org.uk

Gender Identity Disorder Ireland:www.gidi.ie

Transgender Equality NetworkIreland: www.teni.ie

Gay & Lesbian Equality Network:www.glen.ie


FLAC (Free Legal AdviceCentres) has republished itsinformation guide — first pro-

duced in 1998 as a guide for cus-tomers of moneylenders —Moneylending and the Law.

Although the law on moneylending haschanged little in the past decade, theconsumer credit market has under-gone a major transformation with agreater range of products available anda far greater reliance on credit appar-ent.

Not all these developments have beenpositive and dangers await consumerswho avail of credit and who may notfully understand the potential implica-tions.The recent spate of repossessioncases in the High Court and thepotential dangers of Òsub-primeÓ lend-ing are a salutary reminder of whatmay lie in store for the hard pressedborrower whose home is given assecurity for a loan.

On the other hand, moneylendersÕloans are not secured on borrowersÕfamily homes and it is unusual for amoneylender to bring legal proceed-ings against a borrower in arrears, yetit is fair to say that, in general, money-lenders get a bad press.

From Shylock in ShakespeareÕs

ÔMerchant of VeniceÕ to the wickeduncle in DickensÕ ÔNicholas NicklebyÕ,moneylenders have been portrayed infiction as grubby, greedy and greasy. Ina more modern context, they areoften portrayed as potentially violentand sinister loan sharks. There aregood reasons why moneylenders arenot universally loved. They offer veryexpensive credit and you can andprobably will get a better deal else-where. However, the old journalisticclich� Ônever let the facts get in theway of a good storyÕ equally shouldnot apply.There is a critical distinctionto be drawn between illegal andlicensed moneylenders.

Licensed moneylenders are legitimatebusinesses, involved in providing aproduct that some people find con-venient, where repayments are oftenmade on the doorstep and few ques-tions about credit rating or employ-ment status are asked. Each lenderÕslicence is subject to annual renewalwith the Financial Regulator based onproposed interest rates and collectioncharges.

As FLACÕs booklet points out, paper-work requirements and collectionpractices are controlled by law andmoneylenders who overstep the markmay lose their licences under thesupervision of the Regulator. Equally,while the loans may be very expensive,what you see is what you get, by andlarge. Licensed moneylenders willoften tolerate a few missed paymentsduring the course of an agreement andextend its length accordingly.

Thus, although many a politician ormedia analyst in search of a headlinemay bang the Ôdisgraceful moneylend-ing rip-off Õ drum, the reality is that theState itself licenses moneylenders tocharge these rates. Perhaps thesehowls of protest might be redirectedat a thorough examination of whethermoneylending rates of interest shouldbe legally capped. A comprehensive

debate on access to affordable creditoptions for those on low incomes inIreland is long overdue. Why shouldthe poor pay more to borrow moneyin a society that seems to have accept-ed that credit is a beneficial thing?

The principal low cost alternative tothe moneylender has traditionallybeen the local credit union but loansfrom credit unions have not alwayssuited or indeed been sufficientlyaccessible to traditional customers oflicensed moneylenders. Renewedefforts in recent years by the IrishLeague of Credit Unions to focus itsmemberÕs efforts on providing accessi-ble and affordable credit to those onlow incomes are encouraging.

Campaigns such as ÔKeep the Wolvesfrom the DoorÕ at Christmas serve tohighlight both the high cost of money-lending and the existence of alterna-tive forms of credit. However, it is alsoapparent that some credit unions havemoved away from their traditionallending base in search of more lucra-tive higher income customers.

Where gaps in the provision of creditoccur, high cost options often fill thevoid. As recent reports have shown,sub prime lending is a growing phe-nomenon in Ireland and mortgage bro-kers have played a significant role inarranging these offers. Many sub primelenders specialise in consolidatingexisting loans that are often in arrearsinto one larger loan, which is thensecured on the borrowerÕs home.What seems like a solution to ahouseholdÕs debt problems can how-ever lead to disastrous consequences.Interest rates charged are well abovemarket rates, often double or treblethe going rate and in many instances itis not long before arrears accumulate,leaving the borrower to face reposses-sion proceedings in the High Court.

Up to recently, the sale of the familyhome had been available as a last


Paul Joyce asks: Why should the

resort to the borrower to clear theirarrears. However, a less than buoyantproperty market has curbed even thisunpalatable option, with some borrow-ers recently reporting back to thecourts an inability to sell theirdwellings.

When it comes to regulation, subprime lenders have operated in a twi-light zone in Ireland. Up to now, theyhave not required the same authorisa-tion as other banks because they donot operate savings accounts payinginterest. This also has meant that theFinancial RegulatorÕs ConsumerProtection Code, which providesenhanced protection for borrowers intheir dealings with providers of finan-cial services, has not applied to them.

Thus, where moneylenders are tightlyand justifiably regulated, sub primelenders have operated with relativeimpunity, taking advantage of a gap inthe market and a gap in the regulationof financial services.

Plans to regulate this growing markethave recently been announced withthe Department of Finance publishinga consultation paper and promisingimminent legislation.

In the course of its submission on thisconsultation, FLAC has argued thatregulation should involve a compre-hensive examination of these lenderspractices.Where a lender is proposingto offer loans at rates substantiallyabove market rates on the basis thatthe borrower is a greater credit risk,the risk should be clearly identifiable.There should also be a greater obliga-tion to assess the borrowerÕs ability torepay, especially where default maylead to the loss of the family home.Sundry charges such as ÔadministrationÕand ÔarrangementÕ fees which are sub-tracted from the sum borrowedshould be outlawed.After all, a licensedmoneylender is prohibited by law fromcharging them.

Paul Joyce, barrister, is theSenior Policy Researcher withFLAC. FLAC’s Moneylendingand the Law is a practical guidefor borrowers, outlining theprotection to which they areentitled in law when takingout a loan with a licensedmoneylender.

55F L A C N E W S l J U L Y – D E C E M B E R 2 0 0 7

More information:

www.flac.ie/publications/legalinformation.html

http://www.mabs.ie/http://www.citizensinformation.ie/http://www.financialregulator.ie/


poor pay more for credit?

Interested in PublicInterest Law?

Every fortnight, FLAC circulates abulletin by e-mail summarisingnews and events in the area of public interest law.

If you are not receiving these bul-letins, but would like to do so,please mail us at [email protected]

Note: There is an archive of PILN bulletins available to read on theFLAC website at:

http://www.flac.ie/publicinterest/piln.htm

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FLACÕs Inaugural Dave EllisMemorial Lecture took place on15 October 2007 at Trinity

College Dublin. Almost 200 peopleturned out for the lecture which wasfollowed by a reception in the Atrium.

The lecture was dedicated to the lateDave Ellis, who pioneered so much inthe area of community law in Ireland.The lecture was introduced by FLACChairperson Peter Ward, who fondlyremembered Dave and reminiscedabout his commitment to the DublinWelfare Rights Group and his dedica-tion to Coolock Community LawCentre.

The late Dave Ellis was a communityactivist who dedicated his career toworking with community groups on anumber of areas, including welfarerights, legal aid, legal education and legalentitlements generally. Dave wasCommunity Law Officer at CoolockCommunity Law Centre (nowNorthside CLC) for more than 20 yearsand subsequently establishedCommunity Legal Resource as aresource providing information, training

and support for the voluntary and com-munity sector.

The keynote address, entitled ÔAStrategic Vision for Legal AidÕ, was deliv-ered by Professor Gerry Whyte, a greatfriend and colleague of Dave for manyyears at Coolock (Northside)Community Law Centre. (Gerry was aboard member of the Law Centre.)

Gerry Whyte paid tribute to DaveÕsdedication to community law initiativesin Coolock Community Law Centreand to the concepts of empowering thecommunity and community control ofthe law centre. He described how Davehad joined the Law Centre in 1976 asCommunity Law Officer and had givenextraordinary service to theCommunity over more than 20 years.

Many voluntary and community groupsworking with disadvantaged people atthe Law Centre benefited from DaveÕswisdom and knowledge. DaveÕs special-ist areas included social welfare law,employment law, company law.

Gerry discussed the issues of barriers

to Access to Justice, Models of legal aidprovision and the work of the CoolockCommunity Law Centre. He men-tioned the barriers to access as definedin the Pringle Report of 1977 - cost,knowledge and the social cultural andpsychological barriers associated withengaging a solicitor. Also he explainedthat in the 70s and 80s, the majority ofsolicitorsÕ firms were based in the citycentre and that geographical locationwas also another barrier.

Gerry spoke about community law cen-tres in Ballymun and Coolock whichoperate from a strategic approach tolegal services provision centres asopposed to the service model which isoperated by the Legal Aid Board. Forexample, Northside Community LawCentre provides access to justicethrough taking cases for individuals, tak-ing test cases, campaigning on localissues and educating the community.The community law centres operatefrom an empowerment approach andare community-controlled.

Anne Colley, Chairperson of the LegalAid Board, provided a superb responseto the keynote address. She spokeabout access to justice, current andproposed initiatives of the Legal AidBoard and policy areas that might beaddressed in moving towards equitableaccess to justice.

She pointed to the reforms in civil legalaid that FLAC has advocated which areunder consideration by the Legal AidBoard. She spoke about the dearth ofresearch into access to justice andunmet legal need and the need for this.Eligibility limits for the legal aid wererevised by Government in 2006 and MsColley said that the Legal Aid Boardsupports an annual revision of eligibilityto avoid otherwise inevitable hardshipto people.

Ms Colley said that the Legal Aid Boardhas become increasingly conscious thatthe problems presented by clientsdemand more than a traditional legal


PPrrooffeessssoorr GGeerrrryy WWhhyyttee ddeelliivveerriinngg tthhee iinnaauugguurraall lleeccttuurree


First Dave Ellis memorial lecture

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approach. She revealed that the resultsof a pilot programme to deliver a walk-in advice only service are currentlybeing examined and research on a tele-phone advice service is ongoing. MsColley also emphasised the fact that theaccessibility and location of servicescontinues to be a clear priority for theBoard and this includes the dissemina-tion of information to and education ofgroups who may be in a position toadvise and guide Legal Aid Board clients.

What was striking about GerryÕs lec-ture was the amount of work undertak-en by Dave in a disadvantaged commu-nity in the late 70s, throughout the 80sand into 90s and the range of issues thatfaced the community at the time. TheLaw Centre assisted families affected bythe Stardust Disaster, lobbied forchanges in the legislation to protectpeople experiencing domestic violenceand for the introduction of divorce andwrote manuals to assist people inappealing social welfare decisions.

Gerry closed his address with a quotefrom M.K.Ghandi:ÒThink of the poorestperson you have ever seen and askwhether your next act will be of use tohimÓ. This reflection was very muchappreciated by all of us who attendedthe lecture and hopefully will havespurred us on to continue DaveÕs work.


held in Trinity College Dublin

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Child Benefit: Proving the centre of interest

I n consultation with severalNGOs working in the sector inrelation to the Habitual

Residence Condition (HRC), it hasrecently come to the attention ofFLAC that the previous reliance onthe two yearsÕ requirement to provehabitual residence is no longer usedwhen decisions regarding eligibility forsocial welfare payments are beingmade. This position has also beenconfirmed by the Department ofSocial and Family Affairs (DSFA).

One of the main reasons for theapparent change in policy is thatIreland, as a signatory to the EuropeanCode of Social Security, is preventedfrom specifying a fixed period of timeto establish habitual residence. In rela-tion to the former two year habitualresidency requirement, in its 32ndReport (covering the period 2004-5)to the Council of Europe on IrelandÕscompliance with the European Codeof Social Security, the Governmentstated at page 9:

Ireland is aware that the rele-vant jurisprudence of theEuropean Court of Justice pre-cludes reliance on any specificduration of residence (e.g., twoyears) for the purposes of estab-lishing habitual residence andhas ensured that no such specif-ic period is the determining fac-tor in any HRC decision.

Previously the two-year rule was seenas the most influential if not thedetermining factor in decisions con-cerning an applicantÕs right to a socialwelfare payment where he or she hadto satisfy the HRC. Although theEuropean Code of Social Security islimited to EEA members, in practicethe change has also been extended tonon-EEA applicants.

More recently, in cases in which FLACand other NGO caseworkers havebeen involved, the focus has beenplaced on the Ôcentre of interestÕ cri-

terion. That is to say, they have con-sidered the individual circumstancesof each case and decided the habitualresidence issue in terms of the con-nections the applicant has withIreland.

The presence of close family here,integration into the community andactivities in which the person isinvolved are just some of the detailstaken into account when decidingwhether the applicantÕs main centre ofinterest is in Ireland. The personÕsconnections, both financial and famil-ial, with their home country or anoth-er country in which they lived willalso be taken into consideration whendeciding where their centre of inter-est lies.

In a recent appeal by the DSFA againstan Appeal OfficerÕs decision, itemerged that in October 2006 theChief Social Welfare Appeals Officerhad upheld a decision that an asylum-seeker who had been turned down atfirst instance and was awaiting anappeal should be granted ChildBenefit. The Department had arguedthat due to the applicantÕs undecidedstatus her centre of interest could notbe found to be based in Ireland.

The Chief Appeals Officer (CAO)criticised the long delays in processingasylum claims. He stated that peoplewho were awaiting appeal hearings forextended periods of time should notbe penalised for this and shouldinstead be able to rely on the lengthof their residence in Ireland to meetthe Habitual Residence Condition.The CAO held that the person at thecentre of this appeal satisfied theHRC as her centre of interest washere due to the fact that a number ofher family members were living inIreland.

Although decisions of the SocialWelfare Appeals Office are not pub-lished, this decision of the CAO wasquoted by the Appeals Officer in a

recent case taken by OPEN (OneParent Exchange Network), withwhom FLAC has been collaboratingon the Child Benefit matter. TheAppeals Officer in this case relied onthe CAOÕs decision in the aforemen-tioned case and added that he wasaware of similar decisions made byother Appeals Officers. The AppealsOfficer found in favour of OPENÕsclient, the mother of an Irish citizenchild who he felt had established hercentre of interest in Ireland despiteawaiting a final decision on her statusby the Refugee Appeals Tribunal.

Through these decisions it can beseen that the DSFAÕs position torefuse social welfare payments to asy-lum-seekers on the basis that theirstatus remains ÒundecidedÓ can besuccessfully challenged. The changefrom reliance on a two-year period ofresidence to the Òcentre of interestÓcriterion means that the situation ofeach applicant must be taken intoconsideration by the Deciding Officeror Appeals Officer before making adecision.

In another recent case, Child Benefitwas granted on appeal to an asylum-seeker who arrived in Ireland prior tothe introduction of the HRC but whowas unable to make her applicationbefore it came into effect.Furthermore, since the accession ofRomania to the EU in January 2007,Child Benefit has been paid toRomanian women who had previouslylived in Ireland as asylum-seekers.

FLAC hopes that this move away fromthe two-year rule will encouragemore people to apply or reapply forsocial welfare payments which theymay have previously been refused onthe basis that they had not been resi-dent in Ireland for two years.


New look for FLAC website

FLAC used InternationalChildrenÕs Day on 20November 2007 to again high-

light its ongoing campaign for therestoration of Universal Child Benefit.

A number of events and initiativeswere organised to mark the day. Ajoint press release by FLAC and otherNGOs calling on the Government torestore Child Benefit as a UniversalBenefit was picked up by a number ofmedia outlets.

TD Olwyn Enright and Senator IvanaBacik also brought up the issue in theDail and Seanad respectively. Theresponse from the Minister for Socialand Family Affairs, Martin Cullen TD,however, was disappointing. He equat-ed Direct Provision with Child Benefit,despite the fact that Direct Provision is€9.60 per week and Child Benefit is€166 per month.

The postcard campaign in conjunctionwith the Child Benefit Campaign is alsocontinuing and students from Trinity,UCD, UCC and UL organised success-ful postcard-signing events at their

respective universities on InternationalChildrenÕs Day.These will be added tothe growing number of postcards thatwill be delivered to An Taoiseach in theNew Year.

What is the CB campaign?Since 20 November 2006 FLAC hasbeen heading a campaign calling for therestoration of Child Benefit as a uni-versal payment.

To see how you can support the cam-paign, log on to http://www.flac.ie/cam-

paigns/current/campaign-to-restore-universal-child-benefit/ or contact usby telephone on 01-874 5690 or by e-mail at [email protected] to request acampaign pack. This includes an infor-mation leaflet, a postcard, a factsheetand a sample letter to TDs.

Simply sign the postcard and send itback to FLAC, post the enclosed letterto your local TD and download andsign the petition.


FLAC Child Benefit campaign update

T he FLAC website has a newlook. Now when you visitwww.flac.ie we hope that

you will find a site which is easier tonavigate and which has more currentinformation on the work of FLAC,including its current campaigns.

The site contains sections on volun-teering and Public Interest Law aswell as details of legal advice centresaround Ireland and downloadableinformation leaflets on various areasof law and other publications

Work on the website will be ongoingand we welcome any comments thatreaders might have on it.

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I n recent times FLAC has beenseeking a change in the law to per-mit everyone over the age of 18 to

serve on juries provided that they arefit to do so. As the law stands currently,a number of groups are excluded,including everyone over the age of 70.

This latter issue was raised in the Dailon 12 December 2007 by Deputy PatRabbitte, Justice spokesperson of theLabour party, supported by a number ofother TDs. The context for the debatewas a proposed amendment to the CivilLaw (Miscellaneous Provisions) Bill2007.

The exchange between DeputyRabbitte and Deputy Sean Power onbehalf of the government is reproducedbelow:

Deputy Pat Rabbitte: I moveamendment No. 71:

In page 41, before section 62, butin Part 8, to insert the followingnew section:

ÓAmendment of section 6 ofJuries Act 1976.

62.ÑSection 6 of the Juries Act1976 is amended by the deletionof Òand under the age of seventyyears Ó and the insertion of Òand notincapable by reason of infirmity.Ó .

In keeping with my partyÕs reputa-tion for political correctness, weought to remove the discriminato-ry bar that disqualifies a citizenafter he or she has reached the ageof 70 and change it to the term inamendment No. 71. This amend-ment provides that so long as theperson is not incapable by reasonof infirmity, he or she can serve ona jury if he or she is over 70 yearsof age.

Many older people take an interestin and have time available to themto serve on juries. If our betters on

the bench can serve until they are72 years of age, why ought a citizenwho is fully compos mentis beexcluded from jury service purelybecause he or she reaches the ageof 70?

Deputy Seán Power: In myprevious role I had responsibilityfor services for older people so Ican see great merit in DeputyRabbitteÕs amendment. We wouldall agree that older people are play-ing an increasingly active part insociety at much more advancedages than was previously the case.When we look to Northern Irelandand see the contribution that Dr.Ian Paisley is making, it brings hometo us that the fact that a personreaches a certain age-----

Deputy Pat Rabbitte: Is theMinister for State recommendingthat Dr. Paisley would serve onjuries and not here?

Deputy Seán Power: One seesthe difference Dr. Paisley has made.If he was not around, I am not surewhat progress would have beenachieved. There is considerablemerit in what Deputy Rabbitte hassaid. I will give the matter seriousconsideration and we will revert tothe Deputy on Report Stage.

Deputy Charles Flanagan:The praise for Dr. Paisley fromFianna F�il only came after hereached the age of 80, which, initself, is quite remarkable.

Deputy Noel Treacy:However, it was a new beginning.

Deputy Charles Flanagan: Itis an important point because wecan ensure the availability of per-sons, be they citizens of any age ordescription, to serve on juries.Experience shows that people arebecoming more and more reluctantto engage in the civic duty that is

jury service.The number of peoplewho wish to offer any reason orexcuse, be they busy or otherwise,in order to avoid serving on a juryis increasing. Perhaps we shouldreview entirely the manner inwhich we recruit for jury service,the duties of the juror and the roleand function of those who serve onjuries.This is an important aspect ofthat and I would be supportive ofthe amendment.

Perhaps we need to look at someform of compensation for peoplewho might give of their time andlose business to serve on a jury,which, unfortunately, is no longerregarded as the public service orcivic duty that perhaps it should beor that it was for many years. Aspart of an overall review, thisamendment in the name of DeputyRabbitte is eminently sensible andshould be looked at seriously.

Deputy Seán Power: We willgive it serious consideration but Iremind members that a few monthsago, the retired Supreme Courtjudge, Catherine McGuinness,expressed her concerns that juriesshould reflect the community toensure the constitutional right to afair trial. We do not disagree withthe contributions that have beenmade.

Deputy Pat Rabbitte: I amdoing no more than arguing thatthere ought not be an arbitrarycut-off point, that there ought to bea more flexible test and that capa-ble and informed senior citizensought to be enabled to performtheir civic duties. If that is by dis-charging their role on a jury, so beit.

Deputy Finian McGrath: Istrongly support Deputy RabbitteÕsamendment. I support the principleof not excluding people, particular-ly elderly people who are of sound

TDs raise unfair exclusion of older people from


Focus on new FLAC staffjuries


mind and body, in respect of themajor positive contribution theycan make to any State or jury. It isa very positive amendment and Iam pleased the Minister will lookat it very favourably.We have gonepast the day of discriminatingagainst people because of theirage.That debate is over as far as Iam concerned. Many people, par-ticularly senior citizens, want tomake a contribution to society.This would be one role for themso I would be very supportive ofthe amendment.

Deputy Noel Treacy: I have atechnical question. I am not sure ifjurors get any sustenance duringtheir period of service.They mustlook after their own meal require-ments. If that is not addressed theyshould be looked after while theyare carrying out one of the mostserious pieces of service anybodycould give to a country.

Deputy Seán Power: I under-stand that there is a contributionmade towards subsistence but wewill check it out. I have not comeacross a complaint from any jurorabout being neglected.

Chairman : How stands theamendment?

Deputy Seán Power: I am surethe Deputy is very happy with it.

Deputy Pat Rabbitte: Iaccept what the Minister of Statehas said and look forward to himbeing in the curtilage of the Houseif his senior does not deliver onthe positive vibrations comingfrom across the floor.

Edel Quinn, ResearcherEdel has recently completed theInternational Covenant on Civil andPolitical Rights shadow report onbehalf of FLAC, ICCL, and the IrishPenal Reform Trust (IPRT), which is tobe launched in early 2008. At FLACEdel continues to work on the ICCPRshadow report. She is also working ona feasibility study on unmet legal needin north east inner city Dublin and iscoordinating the Public Interest Law(PIL) network and events.

Sarah Horgan, Volunteers andCentres Co-ordinatorSarah is primarily involved in organisingand supporting FLACÕs volunteerlawyers. This includes providingresource materials and holding trainingseminars for the volunteers, andrecruiting new volunteers. Her aim isto create an even stronger relationshipbetween volunteers and FLAC. Sarah isalso conducting research in the area ofaccess to justice. She joins FLAC fol-lowing on her internship with the Irishsection of Amnesty International.

Saoirse Brady, Policy andCampaigns Officer Saoirse was the Frank Jennings Internwith Front Line — the InternationalFoundation for the Protection ofHuman Rights Defenders. She spentfour months with the Human RightsDefenders Mandate at the UN Officeof the High Commissioner for HumanRights in Geneva. Saoirse is conductingresearch in the area of social welfarelaw, in particular the application of theHabitual Residence Condition andDirect Provision. She will also be con-tinuing FLACÕs campaign to restoreUniversal Child Benefit.

This exchange was taken from thegovernment website which containsDail debates from 2004 onwards

athttp://debates.oireachtas.ie/

I n September three new full time members of staff commenced their newroles with FLAC. We look forward to the expansion of FLACÕs work thattheir appointment permits and are delighted to welcome Edel, Saoirse, and

Sarah. Profiles of the new staff members are outlined below:



Volunteer training in Cork marksInternational Human Rights Day

FLAC was long overdue a volun-teer training evening in Cork sowe felt our volunteers deserved

an informative session.The Law Societyin Cork kindly provided us with a lec-ture theatre for the evening and wemanaged to line up five expert speakers.

From our data collection programme, itwas apparent that the Cork Centre atSouth Mall deals predominantly withfamily and criminal law matters with arising demand for advice on immigra-tion and asylum law. Our first speakerwas Cork-based solicitor, FrankButtimer. A former FLAC volunteer,Frank knew the type of issues that fre-quently crop up in the centres. Hispresentation focused on commonlyoccurring criminal offences, such assection 4 of the Public Order OffencesAct, 1994.

Frank also gave invaluable advice ondirecting clients towards getting legalaid and on basic issues like readingtheir charge sheet correctly.

Our second speaker was Colm

Roberts, a Legal Aid Board solicitor.ColmÕs presentation focused largely oncivil legal aid and the broad areas of lawwhere legal aid is available. He alsodealt with commonly reported FamilyLaw issues through a formal and lateran informal Q&A session. His presen-tation was important for the volun-teers so they can understand the fullextent of the Legal Aid BoardÕs remit.

Our third speaker was long-standingFLAC volunteer solicitor, John Hussey.John, who practices in Fermoy, spokeabout the practical experiences of vol-unteering in a FLAC centre. He talkedabout how to manage the time for con-sultation and how to get to the heart ofthe issue in a short time-frame; he usedcase studies to illustrate this.

Our fourth and fifth speakers comple-mented each other as they spoke onimmigration and asylum law.

Bernadette McGonigle, managing solici-tor at the Refugee Legal Service inCork made a very clear presentationon Irish refugee law and gave an

overview of the asylum procedure.Bernadette distributed a very usefuland simplified chart that outlined itsdifferent stages.

FLAC director general NoelineBlackwell spoke briefly on immigration,naturalisation and the HabitualResidence Condition. The PowerPointslides gave a breakdown of the differentvisas — and their limitations — that areavailable to those entering the state.

All in all it was a successful seminarwhich was appreciated by all whoattended. A much deserved Christmasdrink was had afterwards. We wouldlike to thank our speakers, the LawSociety and all those who attended.

Sarah Horgan, FLAC’s volunteers and centres co-ordinator, writes about a

volunteer event in Cork on 10 December 2007, International Human Rights Day.

FLAC is always seeking new volunteer barristers and solicitors tooperate its centres around Ireland.

For more information, see the website at:

http://www.flac.ie/volunteering/

Staff announcementsFarewell toElizabethMitrowElizabeth Mitrowwas a qualified solici-tor in her nativeAustralia beforemoving to Dublin inJune 2005. She joinedFLAC in August 2005as Centres Co-ordi-nator. While at FLAC she made a greatcontribution to legal advice provision.Elizabeth, having qualified as a solicitorin Ireland, has now taken up a position

as an immigration lawyer at acity centre firm. We wish herevery success in her futurecareer.

New babySadhbh EleanorWoods All at FLAC extend theirwarmest congratulations to

FLACÕs Information Officer, YvonneWoods,who gave birth to an adorablebaby girl on 1st August. Yvonne andher partner Brian have named their

baby Sadhbh Eleanor. Baby Sadhbh hasvisited the FLAC offices on a few occa-sions and weÕre taking the fact that shehasnÕt cried when here as an early sign of

interest inFLAC policyand campaignwork!

While we missYvonne wehope that sheis enjoying herm a t e r n i t yleave.

Elizabeth Mitrow

Sadhbh Woods

Flacvol17 34 julydec 07pdf

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Transcript of Flacvol17 34 julydec 07pdf