Flac News Oct 2010
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ISSN 0791 4148 l V OLUME 20 l NUMBER 4 l OCTOBER – DECEMBER 2010 flacNews FREE LEGAL ADVICE CENTRES Human Rights: “We have to be able to afford them” ELECTION 2011 n the context of an impending general election FLAC has reflected on its Ipriority areas of work and calls on all political parties to make concrete commitments to ensure that human rights are protected. Fundamental human rights are not expendable and cannot be disregarded in times of economic uncertainty. In fact, this is the time when people become even more sus- ceptible to potential infringe- ments of their basic rights. s r i While there are some excellent e p S services provided by the State and k e r e people within the public service who D y b are committed to ensuring that people o t o h are treated with respect and dignity, in P all areas of our work FLAC encounters © people who seek to access state “Now if you’re going to get a cut in civil legal aid and a services but are met with a lack of dwindling neighbourhood law centre, effectively you’re consistency, a lack of respect for their dignity and who are denied their going to get a population that is disempowered” fundamental human rights. Michael Mansfield QC, who delivered the fourth annual Dave Ellis Memorial Lecture on Tuesday 23 November in the Pillar Room of the Rotunda Hospital. Those working within these administrative systems must recognise the actual needs of people are put in We ask all those seeking election in people’s rights and entitlements not place. Currently the information and 2011 to commit to implementing only to access services but to ensure statistics available from the State in changes to address these two core that their rights are upheld in a fair and relation to most of our areas of work issues which affect all aspects of public efficient way. are outdated and do not represent the services in Ireland. In addition, we have Furthermore, reliable up-to-date current situation for people affected by a number of specific requests in relation statistical information is essential to the drastic changes caused by the to FLAC’s core areas of work, which are ensure that fair policies which address economic crisis. articulated on pages 8 and 9. flac News | Vol. 20, No. 4 in this edition... Michael Mansfied gives the Dave Ellis Memorial Lecture 2-3 Michael Mansfield gives the Dave Ellis Memorial Lecture Top criminal judge backs deaf juror 4 ith a legal career fill in lots of forms and they want to spanning more than 40 know what it is that’s concerning you.” Law Reform Commission years, Michael Mansfield Launches Debt Reform Report 5 Wis probably best known here in Ireland However, that accessible and Deaf man mortified by jury decision 5 for his work with the Birmingham Six approachable style of ‘community law’ Implementation the key challenge and the families of the Bloody Sunday is under threat, particularly in the UK, for NGOs 6 victims. A man who has, as FLAC as Mansfield explained: “The law ITM Law Centre wins historic Council Chairman, Peter Ward, centres are struggling to keep open. equality case 6 described, “challenged the long-held Two thirds of them are at economic assumptions of the legal and political risk of closure”. Case Study: Fintan Bannon establishment,” Mansfield chose to Volunteering at FLAC 7 speak on the dangers the economic Debt Group report will help if “We cannot afford implemented 7 crisis poses to the human rights of ‘the indivisible humanity’ and the not to construct a Human Rights – an election ‘universal community’. place in which priority 8-9 we’re proud to live, Economic crisis – opportunity to Mansfield presented the creation of examine principles and values 9 the Welfare State in the United as opposed to a Kingdom as a watershed moment battleground of the Habitual Residence Condition 10 when a threshold, the equality of market place” Dáil Committee examines opportunity and access, was set. difficulties with Direct Provision 11 Originally the Welfare State was Seminar on Free Movement of meant to be built on four pillars – Furthermore, cuts to the legal aid Workers 11 heath, education, employment and budget in the UK are threatening to social security. However, only the effectively limit access to justice: Public Interest Law Alliance Update 12 National Health Service – worth “£400 million is going to come off the every penny contends Mansfield – was £2 billion legal aid budget. These are FLAC news and events 13 fully realised: the areas that are likely to get no legal Focus on FLAC: Gillian Kernan 14 assistance in terms of aid... family, “The object, I think of much of our New FLAC Centre at ‘Outhouse’ 14 divorce, medical negligence, education, striving is to establish a humanity employment, immigration, welfare Ireland’s human rights record to across the world – that we reach out benefits and some housing issues. Not be examined in the Universal to the plight of others, that we much left. Now if you’re going to get a Periodic Review 15 FLAC Fellowship Award 15 understand the plight of others and cut in civil legal aid alongside a we don’t just write them off as the dwindling neighbourhood law centre, FLAC meets Transgender flotsam and jetsam of a material effectively you’re going to get a Advisory Group 16 world... We cannot afford not to population that is disempowered”. Young Bar Committee 16 construct a place in which we’re FLAC NEWS is published quarterly by proud to live, as opposed to a Mansfield also advised, “that if you Free Legal Advice Centres Ltd., battleground of the marketplace.” want to change something, then you 13 Lower Dorset Street, Dublin 1. can and you must.And you must stand Editors: Roisin Boyd & Peter Harper In his address, Mansfield also touched together to see it through. Because upon the importance of making the they, the authorities, are absolutely Layout and Printing: law as accessible as possible to the depending on you being quiet, retiring Printwell Co-operative, Dublin 1 public and tendered the ‘shop front’ to your homes and saying nothing.” Contributors: Noeline Blackwell, style law centre as the way forward: Roisin Boyd, Saoirse Brady, Emer Butler, Siobhán Cummiskey, Deirdre Duffy, Michael “The idea was you had a shop front. Mansfield recounted passionately his Farrell, Peter Harper, Paul Joyce, Jo Kenny, Not some glossy city firm, but just an involvement with the families of those Gillian Kernan, Colin Lenihan, Sarah ordinary place where you feel you can murdered by British forces in Derry McCabe, Doreen Mescal, Zsé Varga. go in and feel comfortable and there’s on Bloody Sunday, who against all ISSN 07914148 a sofa by the door.You can sit down. criticism persisted in their pursuit of The views of individual contributors do not necessarily represent the views of FLAC. You’re attended to. Nobody’s going to justice: “I was in the Guild Hall in be pompous about it or expect you to Derry, locked in there with the 2 FLAC NEWS l OCTOBER - DECEMBER 2010 s theDaveEllisMemorialLecture European Convention ofHumanRights Convention European them.” tobeableafford have And we thequalitiesofour lives. are But they easytosay. trip offthetongue.They’re privacy, and association.They assembly dueprocess,effectively fairtrial, to life... therighttoliberty whichis the strugglewastoestablishright ofwhat ourselves basis justtoremind themonaweekly needtoread “we that believes Mansfield unflinchingly asthe as well importantvitally document, includethe Such pastachievements generationsbefore”. by for hasbeenlostthat wasfought much how upandrealise wake I thinkwe’ll rules,marketplace time years inafew the where livinginaworld we’re say to prepared emphasised:“Unless we’re cuts ar human rightsagainsttheonslaughtof Vigilance andawillingnesstodefend trading”. speculative irresponsible nottheoneswhodid They’re economy. construct theshadow in.They now are situation we didnot not theonesr argument. services Thefrontline are “will notacceptthefinancial he curtailments, that Mansfielddeclared situationofcutsand On thecurrent impossible atthebeginning.” something whichwasthoughttobe achieved have at lastthatyou feel thesamething–you by affected andnotbe asalawyer sit there satthere. asthey away can’t Andyou fell theirlives had inasenseshadowed which because thetaintofterrorism tears, up emotionwelling there’s 30 years, trembling, there’s are there 10, beenwaitingtohearfor really 20, which tellsthemsomethingthey’ve w ever andifyou’ve of thereport… apreview allowed families whowere atched somebody reading aletter atched somebodyreading e r equired asMansfield equired esponsible for the esponsible for Irish Constitution. The , Michael Mansfield, Michael Finucane and Yvette Vanson. Michael Mansfield,FinucaneandYvette former EUCommissionerandAttorneyGeneral,DavidByrne. Former SupremeCourt JudgeMrsJusticeCatherine McGuinnessandFLACco-founder, Michael Mansfield, Y vette V anson andSarah Flynn, wifeofthelateDaveEllis. FLAC NEWS l OCTOBER -DECEMBER 2010 flac News | Vol. 20, No. 4 © Photo by Derek Speirs © Photo by Derek Speirs © Photo by Derek Speirs 3 3 flac News | Vol. 20, No. 4 FLAC CASEWORK UPDATE Top criminal judge backs deaf jurors he State’s top criminal court judge, Mr Justice Paul Carney, This issue will ruled last November that a not go away Tdeaf man could serve on a jury. Judge Carney dismissed objections to having because deaf a sign language interpreter in the jury room but the DPP has told state people are no solicitors to oppose deaf persons longer willing to being allowed to serve on juries. be treated as Within days of Judge Carney’s ground-