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.

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services provided by the State and k e r e people within the public service who D

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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 are outdated and do not represent the services in Ireland.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 flac News | Vol. 20, No. 4 s the Dave Ellis Memorial Lecture families who were allowed a preview of the report… and if you’ve ever watched somebody reading a letter which tells them something they’ve really been waiting to hear for 10, 20, 30 years, there’s trembling, there are tears, there’s emotion welling up because the taint of terrorism which had in a sense shadowed their lives fell away as they sat there. And you can’t

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something which was thought to be o t o

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© On the current situation of cuts and Former Supreme Court Judge Mrs Justice Catherine McGuinness and FLAC co-founder, curtailments, Mansfield declared that former EU Commissioner and Attorney General, David Byrne. he “will not accept the financial argument. The frontline services are not the ones responsible for the situation we are now in.They did not construct the shadow economy. They’re not the ones who did irresponsible speculative trading”.

Vigilance and a willingness to defend human rights against the onslaught of cuts are required as Mansfield

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marketplace rules, in a few years time D

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I think we’ll wake up and realise how o t o h

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for by generations before”. © Michael Mansfield, Michael Finucane and Yvette Vanson. Such past achievements include the vitally important document, The European Convention of Human Rights, as well as the Irish Constitution. Mansfield unflinchingly believes that “we need to read them on a weekly basis just to remind ourselves of what the struggle was to establish the right to life... the right to liberty which is effectively due process, fair trial, privacy, assembly and association.They

s r trip off the tongue.They’re easy to say. i e p S

But they are the qualities of our lives. k e r And we have to be able to afford e D

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© Michael Mansfield, Yvette Vanson and Sarah Flynn, wife of the late Dave Ellis.

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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- breaking decision, the DPP had sent a inferior to their circular to state solicitors saying that hearing his decision was not binding and Mr Justice Paul Carney advising them to rely on an earlier High counterparts Court judgment in order to resist deaf persons being sworn in as jurors. “[I]f the signer is allowed in the jury In the period between the Senan room, first of all, it would be the foreman’s Dunne case and Christmas, FLAC is Senan Dunne, the deaf man in the case responsibility to see that the signer simply aware of at least two other deaf dealt with by Judge Carney, was the communicated to the jury what was persons who were called for jury first deaf person in the history of the going on and didn’t participate in any service and turned up ready to serve state to be told he could serve on a fashion in the deliberations or make any but no jury was required. This issue jury but, as it happened, he did not get communication of any kind to the other will not go away because deaf people to serve on the jury after all. He was jurors”. are no longer willing to be treated as objected to by defence lawyers under inferior to their hearing counterparts. a rule that allows each side in a trial to On the issue of keeping the jury’s object to seven jurors without having decisions confidential, which had been The Law Reform Commission has to give reasons. raised by the state, he said: already said in a consultation document that the presence of sign “I would be entirely prepared to have the Mr Dunne, a teacher in a school for language interpreters in the jury room signer participate in this case as an deaf children and a former producer would not interfere with jury interpreter on taking, first of all, the with RTE’s ‘Hands On’ programme for deliberations. The Commission is ordinary interpreter’s oath and then deaf viewers, was called for jury service expected to issue its final report on going on to take a further oath in relation in the Central Criminal Court, presided this issue shortly. And in September to confidentiality”. over by Judge Carney, a High Court 2010 in a case from the UK (Szypusz Judge. It is the court where all the most The DPP’s circular claimed that Judge v. UK), the European Court of Human serious criminal trials are heard. Carney’s ruling was not binding Rights said that “post-retirement because he had been told that Mr contact with a non-jury member who was Senan Dunne required the assistance Dunne was going to be objected to not associated with the prosecution” was of a sign language interpreter and the anyway. Ironically, however, the DPP’s not likely to give rise to serious state opposed him being allowed to circular itself relied on an opinion by concern where the jury was given serve on the basis of an old common Mr Justice Dan O’Keeffe in the Joan appropriate instructions by the judge. law rule against having a “13th person” Clarke case, which did not form part in the jury room. of his ruling in that case and so should US courts long ago agreed to let deaf not be binding either. Judge O’Keeffe and blind persons serve on juries and Judge Carney remarked that it was had said it was his opinion that the have had no problems since then. unusual to have someone asking to be “13th juror" rule would prevent deaf Serving on a jury is, like voting, one of allowed to serve on a jury instead of people from serving on juries, but his the duties and privileges of citizenship. asking to be excused. In a considered actual ruling dealt only with how It is high time that this country ruling, he dealt with the ‘13th juror’ decisions about potential jurors treated deaf and blind persons as full argument, saying: should be made. citizens of this republic.

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Deaf man “mortified” by jury decision amien Owens, a deaf man judge. the traditional rule against a ‘13th working for DeafHear in juror’ in the jury room. He was called for jury service in the Tullamore, was asked to Circuit Court in Tullamore in Judge Michael White was sympathetic leave the jury box when a judge ruled D November. His name was selected but felt he was bound by the ‘13th he could not serve on a jury. He said and he took his place in the jury box. juror’ rule – Judge Carney’s ruling he was mortified having to walk out He was represented by FLAC (see main story) had not been given through a packed courtroom in the solicitor Michael Farrell who outlined at that stage. He refused to empanel town where he works. the effect of the Clarke decision to Damien Owens, who was then asked Damien was the first deaf person to the Court. to leave. Damien had to walk out try to sit on a jury following the through the courtroom which was decision in the Joan Clarke case (see Counsel for the DPP then opposed packed with other people called for main story) that there could be no him being allowed to sit on the jury jury service, witnesses in trials due to blanket ban on deaf jurors and that because he would need a sign start, lawyers and Gardai. each case must be decided on by a language interpreter and because of

Garnishee Orders – would be overhauled and modernised. Attach- Law Reform Commission ment of Earnings Orders would be introduced and imprisonment Launches Debt Reform Report related to civil debt completely he final report of the Law removed.The DEO would decide on A new non-judicial debt settlement Reform Commission on • the most appropriate form of option would be introduced through Personal Debt Management enforcement in any case having legislation to act as an alternative to and Debt Enforcement was launched regard to the principle of ‘propor- T judicial bankruptcy. An indebted at the Commission’s annual conference tionate’ enforcement – selecting the person would be able to enter into held in Dublin Castle on 16 December form of enforcement that is such a scheme if 60% of his or her last. This followed the issuing of a appropriate and least restrictive of creditors in value voted in favour of detailed consultation paper in Sept- the debtor’s rights; a proposal. Over five years, the ember 2009 which sought submissions debtor would pay an agreed portion on an array of proposed recom- Debt collection undertakings would of debts and would earn a fresh start • mendations for changes to the system be licensed with statutory codes of at the end of that period. The of debt enforcement in Ireland and an practice applying to their activities. proposals for debt settlement would Interim Report in May 2010 that Money advice/debt management be made by a ‘personal insolvency suggested a number of changes that would also be regulated and one trustee’ to the debt settlement might be implemented immediately. regulatory body should be section of the DEO who would responsible for both. Following the launch of the report by oversee its implementation.Where a debtor has neither assets nor Mr Justice Brian McGovern, judge of It should be noted that the recent disposable income, a Debt Relief the High Court and some preliminary support programme agreed by the Order may be granted effectively remarks by the President of the government with the European Union discharging the debts; Commission, former judge of the and the International Monetary Fund Supreme Court, Mrs Justice Catherine commits the State to introducing new The judicial bankruptcy legislation McGuinness, full-time Commissioner • legislation in the bankruptcy area by (i.e. the Bankruptcy Act 1988) would Patricia Rickard-Clarke took the early 2012. However, it is hoped that be overhauled and would be audience through the proposals. In this process will begin long before that. available for large and complex cases brief summary, the new structure Other speakers at the conference not amenable to non-judicial debt suggested is as follows: included Michael Culloty of MABS, settlement. The minimum debt level Though initial judgments in debt cases Bernard Sheridan from the Central • would be E50,000 and the would still be obtained in the courts, Bank and FLAC’s Paul Joyce who automatic discharge period would in debt enforcement would be taken addressed the conference on the principle be fixed at three years; out of the courts and a new Debt future of debt enforcement in Ireland. Enforcement Office (DEO) would be • Existing methods of debt enforce- Paul’s paper can be viewed at created to oversee debt enforcement ment – Instalment Orders,Execution www.flac.ie. and debt settlement in Ireland; Orders to seize goods and

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Implementation the key challenge for NGOs

t the PILA organised seminar Romania, taken in partnership with on Protective Cost Orders, relatives of individuals who suffered Aheld at the Law Library in alleged human rights abuses in mental October, Iain Byrne of the inter- health facilities. national human rights organisation, ‘Interights’ gave a compelling talk on While it is no small task in having a the challenge of implementation for case admitted to the relevant court of non-governmental organisations – law, Iain Byrne pointed out that the that is the task of ensuring that rulings major challenge, for both Interights and decisions of both the judiciary and other human rights organisations, and other rights’ bodies are properly is ensuring that the court rulings and introduced into law. decisions are subsequently imple- mented properly. To address this Based in London, Interights works issue, some organisations have with a staff of 20 in partnership with dedicated officers who follow up to local, indigenous groups and NGOs ensure and press for the amendment around the world in the area of of existing laws or the introduction of international human rights law. The new ones as necessitated by organisation works by examining an successful judicial outcomes. issue to investigate whether it falls including LGBT (Lesbian, Gay, within the Interights’ strategic remit Bisexual and Transgender) matters; Echoing the contention made by Iain and to see if it can add value by and security and the rule of law. Byrne on the magnitude of getting involved. It intervenes when all Ultimately, it brings international legal implementation, FLAC’s Michael domestic legal routes have been standards and laws to domestic Farrell commented: “For campaigning exhausted and works in diverse areas situations. NGOs, work continues long after such as: economic and social rights; legal success to ensure the health and education; equality More recent cases include one against implementation of decisions.”

Irish Traveller Movement Law Centre Wins Landmark Equality Case on Travellers and the Right to Education The Tribunal found that the there are other ways of achieving this complainant, a member of the Traveller aim which would not disadvantage By Siobhan Cummiskey community, was disproportionately children whose fathers did not attend (Managing Solicitor, Irish Traveller affected by the ‘child of a past pupil’ the school, (e.g. a past pupils’ union). Movement Independent Law Centre) criterion as his father was statistically The impact on Travellers was found to much less likely to have progressed to be disproportionate to the benefit of n 7 December 2010, the second level education than the rest of the policy. Equality Tribunal found that the population at that time. The Tribunal heard that just 10 percent of the admissions policy of a Upholding the complaint, the Tribunal Travellers who attended primary secondaryO school that prioritised ordered that the complainant be school progressed to second level in places for the children of past pupils offered a place in the school 1983 as against 66.4 percent of the immediately and that the school indirectly discriminates against general population in 1982 (the time review its policy to ensure that it does members of the Traveller community. when the complainant‘s father would not indirectly discriminate against Indirect discrimination is where an have progressed to second level). apparently neutral provision puts a pupils on any of the grounds covered Furthermore, the policy could not be by section 3(2) of the Equal Status Act. person protected under one of the “objectively justified by a legitimate This decision has implications for all nine grounds of the Equality Acts aim”. The aim of the policy was to schools with a similar policy and may 2000-2008 at a particular disadvantage foster family loyalty to the school and also affect other groups covered by the compared with other persons, unless promote a family ethos with education. nine grounds in the Equality Acts 2000- the provision is objectively justified by While the aim was considered 2008. Importantly, it serves to avoid a legitimate aim and the means of legitimate, the Tribunal held that the compounding past prejudices and achieving that aim are appropriate and “blanket priority” was not disadvantages suffered by Travellers in necessary (section 3(1)(c)). proportionate or necessary and that the education system.

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Volunteering at CASE STUDY FLAC Fintan Bannon – From Assistant Volunteer FLAC depends heavily on the work to Fully Qualified Volunteer of volunteers. The majority of our volunteers are qualified barristers and solicitors who give advice at After finishing my Manager) that I was close the network of legal advice centres. Business and Law Degree to qualifying [I was half way However, FLAC is fortunate in UCD in 2008, I went on through sitting the enough to have other volunteers to sit the New York Bar Qualified Lawyers Transfer who assist with administrative and exam and planned to Test at the time] and she campaign work, which does not study for a Masters gladly gave me the chance demand legal qualifications but Degree in Trinity College to visit two other centres which provides invaluable support the following year. in the city on a regular basis for FLAC's work. However, in the to assist the qualified In our FLAC centres we have a meantime, I found myself volunteers. Once I qualified, growing number of assistant with a lot of free time and earlier this year, I was able volunteers, who support the work it was suggested to me by to give advice in one of the of the advisors. They help the a friend to look into centres while still working advisors find necessary leaflets and volunteering. I thought, if on reception and assisting brochures, do research online and anything, it would be a in two of the other centres. help with our Data Collection great way to pass the time Programme. The Assistant and hopefully I would pick The range of queries and Volunteers not only help the advisors, but also gain a lot of up some good experience on the way. clients is staggering so it is a real test experience and knowledge as they It was then that I saw the notice from of your legal knowledge not to are present when advice is given. FLAC calling for a volunteer to work mention a great way to enhance your as a receptionist in a city centre clinic client relations skills. People come to In some of our centres we also once a week. I literally jumped at the FLAC from all walks of life and there have volunteer receptionists. chance! is nothing like the feeling of helping Without these receptionist someone who is in distress. volunteers some centres would At that time I would have given not be able to operate. We are anything to get experience in a legal As a law student, it all seems so truly grateful to our receptionists environment and was really excited to distant, as if it only happens in the law for their continuous commitment. be helping the community at the same reports or in a casebook. But every We also involve assistant time. I then got my first taste of legal evening, you can see how the law volunteers in research that advice one quiet evening at the centre affects people’s lives and the essential supports our campaigns. FLAC when one of the solicitor volunteers service a lawyer can provide.To be in manages the work of its campaign invited me to sit in with him and from a position to provide that service free volunteers through different then on I just wanted to be more and of charge to those who would be working groups. more involved. I informed Zsé (Zsé helpless without it is immensely Varga – FLAC Volunteer and Centres gratifying.

Mortgage Arrears Expert Group Report will help homeowners if implemented On 17 November, the Expert Group on Mortgage Arrears The introduction of a new Deferred Interest Scheme which and Personal Debt published its final report. FLAC, through • would allow a borrower to arrange with a lender to pay a its Senior Policy Researcher, Paul Joyce, represented the minimum of two-thirds of the mortgage interest payment interests of consumers by participating in the Expert Group. until either 18 months interest has been accumulated in The Report contained many recommendations which aim to total or for five years, whichever occurs first. keep people in their homes and spare as many as possible from repossession. Commenting on the proposals, Noeline Blackwell, FLAC Director General said: “FLAC is aware of the very serious Among the main recommendations were: economic situation the country faces but it is in the A new Mortgage Arrears Resolution Process which all interests of all of us that the mortgage debt problems be • lenders are obliged to introduce; addressed. These recommendations go some distance to The Mortgage Interest Supplement scheme be widened help those in mortgage arrears and represent the first step • and some of the more restrictive qualifying conditions be on the road to tackling this crisis. It is important that we do relaxed; not become paralysed by the enormity of the problem.”

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Human Rights - an election priority

SOCIAL WELFARE CONSUMER CREDIT Given the difficult financial Consumer credit legislation currently circumstances in which many people consists of the Consumer Credit Act currently find themselves, it is 1995 and Statutory Instrument No. 281 imperative that social welfare payments of 2010, European Communities are protected and remain at a level (Consumer Credit Agreements) which will allow a person to have a Regulations 2010 which transposed the minimum income and maintain an latest European Union Directive on adequate and dignified standard of living. consumer credit. This has resulted in a Jobseekers supports, Supplementary body of law which is extremely difficult Welfare Allowance, rent supplement, to navigate. The law needs to be and child benefit were all reduced in updated and consolidated to produce a Budget 2011. These cuts will have a piece of comprehensive and straight huge impact on the very people who are forward legislation which will protect already the most susceptible to poverty. consumers. The high rate of unemployment has inevitably led to a huge increase in the numbers claiming social welfare REFUGEE PROTECTION AND payments. In FLAC’s experience, this IMMIGRATION HOUSING has resulted in delays, inconsistencies The Immigration, Residence and Arising from our work on mortgage and unfair decision-making, which has in Protection Bill, first introduced in 2007, arrears, FLAC has become aware of turn led to increased pressure on the has been reintroduced into the serious flaws in the State’s social Social Welfare Appeals Office. Oireachtas on three separate housing policy. The Government must Administrative systems in the occasions. A change in Government take a coordinated approach to the Department of Social Protection and presents the opportunity to consider economic crisis and ensure that no one the Health Service Executive should be the law pertaining to immigration and is left without a home because of restructured to ensure that people can protection separately. Both areas need difficulties such as family breakdown, access all payments to which they are to be addressed in updated legislation over-indebtedness or unemployment. entitled in a timely way. but they must not be put together in The State has ultimate responsibility for the same statute. The focus of refugee all those who are left destitute; DEBT law is the protection of an individual however government departments The issue of over-indebtedness must be from persecution in his or her country currently seem to work independently addressed urgently. FLAC is calling for of origin whereas provisions dealing of each other in addressing a person’s the implementation of the recom- with general immigration matters are housing needs. A harmonised response mendations published by the Expert primarily concerned with the State’s to the problem of homelessness as a Group on Mortgage Arrears as an security and entrance to and result of repossessions and evictions urgent priority, including: permission to remain in the State for needs to be adopted and implemented Reform of the Mortgage Interest non-Irish citizens. as a matter of urgency. In addition, any • Supplement scheme; review of the Rent Supplement Scheme As outlined in FLAC’s submission on should ensure that no person in need of Early assessment of housing need the IRP Bill, provisions in the existing the supplement will be deprived of it • where houses are voluntarily draft legislation which restrict migrants’ and left without somewhere to live. surrendered; access to public services, the courts and A commitment to continuously remedies should be removed forthwith. LEGAL AID • review the Code of Conduct on In this anxious time the State should, at Mortgage Arrears; An improved single procedure which a minimum, commit to maintaining • Establishment of a Mortgage Arrears will be carried out fairly and efficiently current levels of funding and resources Resolution Process; will also ensure that people who seek to those providing legal aid. Cutting • Sufficient access to financial and legal the State’s protection will not be left to legal aid will discourage and deny information and advice where endure the direct provision system for people on low incomes access to the necessary; years on end. The direct provision and courts and dispute resolution systems • The overhaul of personal debt and dispersal system, which provides food that other people will still be able to bankruptcy systems in line with the and board for people seeking access. To deny people access to the Law Reform Commission’s protection, should be abolished but system, or to the people who can recommendations; while it remains in place, it should be explain and interpret the system to Regulation of debt collection and administered in a fair and transparent them, is to deny a very basic right and • management. way. should not be tolerated in a system

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based on the rule of law. In November Convention on the Rights of Persons 2010, two State-run law centres had with Disabilities and the UN waiting lists to see a solicitor of more Convention on the Protection of the than eight months with nine more Rights of All Migrant Workers and having waiting lists of five months or Members of Their Families. 2011 will more substantially beyond the highlight these commitments as Ireland maximum waiting period of two to four will undergo examinations on its human months set down by the High Court in rights record under the Universal a 2004 case. Periodic Review (UPR) and the UN Committee on the Elimination of all CONCLUSION forms of Racial Discrimination (CERD). FLAC is calling on politicians and policy- makers to remember that the State has FLAC will continue to develop voluntarily signed up to international proposals in the run up to the election, human rights treaties and we call on the and looks forward to discussing them new Government to renew the State’s with candidates – if readers have ideas commitments under these international or suggestions that they would like to instruments as well as ratifying the UN input, please contact us at [email protected]

Economic crisis provides opportunity to examine principles and values

s r i e p S

At the Dave Ellis Memorial Lecture, which is enshrined in our Constitution k e r

FLAC Council Chairman, Peter Ward, at the heart of any analysis of how our e D

y took the opportunity to reflect on the legal system works. b

o t work of FLAC in the context of the o h

“...FLAC as an organisation has never P

recession and economic crisis. © just been about ensuring that a poor Noting that Dave Ellis “would be person is put in contact with a FLAC Council Chairman, Peter Ward S.C. surprised to realise that ... we appear to charitable lawyer although it has be back in the same economic condition importantly been that. But our work in that we were in, in the 1980s when Dave isolated and marginalised communities “We do have an opportunity to radically carried out much of his pioneering legal and our work with other community examine these fundamentals. If we are work,” Ward outlined the task facing organisations and fellow NGOs have to survive and to thrive, rather than organisations such as FLAC who must ensured that we are engaged in a succumb to the mass emigration of our now more than ever before strengthen process of an examination about how youth abroad, as we have done in this and widen their work to provide our society is structured and how so country for centuries, then we must services to marginalised, impoverished many people are excluded from full attempt to harness all of the talents and and isolated communities. participation in the society.” energy and creativity of our people “In 1969, FLAC was established,” he However, despite the challenges posed equally... We must use these recalled to the assembled guests, by the economic situation, there is one opportunities to unlock [the] potential “around a core principle of equal access positive which Ward singled out – the and we are committed in this to justice and that principle of equal opportunity for an examination of the organisation to working in a deeper and access to justice encapsulates an principles and values which underpin more effective way to achieve these attempt to place the concept of equality society. goals.”

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FLAC CAMPAIGNS UPDATE: Inconsistencies and unfairness caused by the Habitual Residence Condition n 27 October Saoirse Brady, individual circumstances . indicated that this issue would be FLAC’s Policy and Campaigns addressed in the revised guidelines. In Following the presentation from the Officer, and Joe O’Brien, relation to the delays in the Social NGOs, Ms Anne Vaughan and Mr Policy Officer with Crosscare Migrant Welfare Appeals Office, Deputy Ring O Philip Melville, representatives of the Project, highlighted to the Joint stated that the fact that people are Department of Social Protection, Oireachtas Committee on Social waiting for up to a year for the result outlined the operation of the Habitual Protection,ongoing issues in relation to of an appeal “is wrong and deprives Residence Condition and referred to the maladministration of the Habitual them of natural justice”. the intricacies of EU law which make Residence Condition – a condition “the condition complex to understand Roisin Shortall, Labour Spokesperson which applies to all means-based social for our customers and staff”. In this on Social Protection asked the officials welfare payments and child benefit. light, Ms Vaughan announced that the for details of the training provided to While Crosscare’s presentation department is currently reviewing its decision-makers while pointing out focussed on the impact of the own operational guidelines on the the “significant inconsistency in the condition on returning Irish emigrants, condition “with the intention of application of the HRC across the FLAC spoke about the negative effect making these clearer and more user- country”. She recognised the pressure the condition is having on a number of friendly for deciding officers and that departmental staff and particularly vulnerable groups including customers alike”. Ms Vaughan also Community Welfare Officers are Travellers, victims of domestic violence, commended FLAC’s work on its under and said that the proposal to EU migrant workers made redundant information leaflet on the HRC which have a “reference centre” for and asylum seekers. The rigid she said had set down the material processing complex HRC decisions application of the condition to “very succinctly” and will be taken “seems to make a lot of sense”. members of these groups without any into account in the review. consideration of their individual Deputy Bernard Durkan of Fine Gael circumstances is leading to hardship “The lack of fair practice stated his long-standing opposition to and, in some cases, destitution. the HRC and emphasised “that and procedure in social shortage of money is not an excuse for In advance of the meeting, FLAC welfare administrative abusive or repressive legislation and circulated its recently-published Guide systems is leading to bad can never be used as a basis for such”. to the Habitual Residence Condition to or inconsistent clarify the law in this area. However,the Fianna Fáil Deputy Thomas Byrne Guide will only work in practice if the decision-making” highlighted the “deeply unfair” law is understood by those applying it situation whereby an individual needs Mr Dan Kavanagh, Deputy Chief Social and the Condition is then administered an NGO to advocate on his/her behalf Welfare Appeals Officer discussed the in accordance with the law. in order to make a successful claim on increased workload of that Office and HRC grounds rather than having a In its presentation, FLAC argued that summarised the steps taken to deal decision reached in a fair and efficient the lack of fair practice and procedure with the unprecedented number of way. He claimed this was a “failure of in social welfare administrative systems cases with which it is currently the system”. is leading to bad or inconsistent dealing. He said that it is expected that decision-making which has in turn put the office will have received up to The department officials said they even more pressure on the already 33,000 appeals by the end of 2010 and would reflect on the comments made strained Social Welfare Appeals Office. that average processing times were in relation to the administrative FLAC recommended that: currently 27.5 weeks and extra staff nature of the system but that issues of has been taken on to deal with this the obsolete two-year rule be policy are a matter for the Minister • increase in demand. removed from the legislation; for Social Protection. comprehensive training be made Deputy Michael Ring, Fine Gael • available for Deciding Officers and Spokesperson on Social Protection FLAC’s presentation, submission and Community Welfare Officers which highlighted problems encountered by Guide to the Habitual Residence adequately explains people’s rights returning Irish emigrants and Condition are available at www.flac.ie to payments subject to the HRC requested clarification on the position and a transcript of the Committee and of a person moving to the State from hearing is available at: a common sense approach be taken another part of the Common Travel http://debates.oireachtas.ie/FAJ/2010/ • and each case decided on its Area.The Department representatives 10/27/00005.asp

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Dáil Committee examines Seminar on difficulties with Direct Free Movement of Workers Provision On 5 November, FLAC was invited he Joint Oireachtas Committee Chairman Ó Fearghail TD (Fianna Fáil) to speak at a seminar on the free on Health & Children invited identified the important responsibility movement of workers in Ireland the Health Service Executive of the State and its departments in light T(HSE) and the Reception and of our history and the history of our which took place at the Law Society Integration Agency (RIA), (the institutional abuse, where there was a of Ireland. The meeting was chaired administrative section of the lack of openness and transparency in by John Handoll, Partner with Department of Justice & Law Reform the past. Kathleen Lynch TD (Labour) William Fry Solicitors, who is the responsible for coordinating the emphasised the lack of record keeping Irish representative on the European provision of services to asylum regarding complaints made. Caoimhghín Network on Free Movement within seekers), to appear before the Ó Caoláin TD (Sinn Féin) argued that the European Union coordinated by Committee on 12 October.Members of RIA had a “see no evil” mindset in the Centre of Migration Law, the Committee visited accommodation relation to residents’ complaints. Radhoud University, Nijmegen, (and centres for asylum seekers in Mosney supervised by the European and Monaghan in August this year. The The inspection of centres was also a Commission). Committee members expressed point of concern for many of the concerns arising from their visits to members including Charlie Flanagan both accommodation centres. TD, (Fine Gael), who referred to the Jo Kenny, PILA Legal Officer, made standards set by the Health Information a presentation on behalf of FLAC FLAC contacted each member of the and Quality Authority (HIQA), and the about the impact of the Habitual Committee prior to the meeting and absence of HIQA’s involvement in RIA’s Residence Condition on EU raised a number of questions which accommodation. nationals. Other speakers included focused on the rights of the child, the Les Allamby of Law Centre NI, right to health of the residents in In the course of the hearing, Noel Catherine Cosgrave and Hilkka accommodation, and the impact of the Dowling, Principal Officer (RIA), agreed Becker of the Immigrant Council of operational administration of the direct to speak with centre managers with a Ireland, Mr Joe Shiels of the Centre provision system on residents. The view to ensuring that from January for Cross Border Studies, Eva Massa cross-party Committee was chaired by 2011, they will have an ad hoc Sean Ó Fearghail TD, and was well complaints recording system in place, of the Law Society’s Law School as attended with most political parties which will be publicly available. He also well as a number of other prominent represented. agreed to “take another look” at the lawyers and academics. The Joint House Rules to see if the issue Secretaries of the North-South The importance of establishing an regarding false and malicious complaints Ministerial Council, also attended independent complaints procedure was can be rephrased in a manner that will the seminar. a strong concern raised by many serve not to suppress a complaint. Committee members. Under the The speakers covered a range of EU- current system, complaints are dealt FLAC welcomes this focus on direct related matters including the with by RIA with no further right of provision and dispersal. However, the recognition of qualifications, the appeal as RIA states that its decision is commitment to reviewing the recording ‘Residence Directive’ [Directive binding. This leads to a lack of of complaints will have very little impact transparency and independence in the if an independent and transparent 2004/38/EC], reverse discrimination, complaints mechanism. system is not put into place. If people cross-border issues, the situation for do not have faith in the system and are Romanian and Bulgarian workers as The specific wording in RIA’s ‘House reluctant to use it, then any records well as the position of third country Rules and Procedures’ document states kept will not accurately reflect the nationals. “if you deliberately make false or number of and type of issues direct malicious complaints, it could reflect on provision residents face. For more information on the your character. This could have legal European network on free consequences and, for example, could FLAC will continue to lobby for movement of workers within the affect an application for ‘leave to substantive changes in the direct European Union see: remain’”. Committee members argued provision system to improve the living http://ec.europa.eu/social/main.jsp?c that having such wording in the House conditions of people who are in the Rules discourages complaints and could care and control of the State while they atId=475&langId=en. have a serious impact on individuals or seek protection in Ireland. families considering making a complaint.

FLAC NEWS l OCTOBER - DECEMBER 2010 11 flac News | Vol. 20, No. 4

PUBLIC INTEREST LAW ALLIANCE U P D A T E

noted that the non-governmental discussed in the report had identified Examining Cost as a organisation plaintiff, Digital Rights means of addressing that barrier, for Barrier to Justice had been granted standing in a case example the protective costs order. Jo which concerned protection of the expressed the hope that the report On 29 October PILA hosted the third right to privacy. A full handout of would stimulate discussion and debate in its successful seminar series. This Patrick Dillone-Malone’s talk can be as to how Ireland will tackle the costs time the focus was on the barriers to found on www.pila.ie. barrier. public interest litigation and positive experiences of public interest Iain Byrne, Senior Lawyer with The report and further online litigation. Interights, discussed strategic litigation resources on barriers to public and the challenge of implementation interest litigation are available on Patrick Dillon-Malone BL, Counsel for (see page 6). www.pila.ie. the Irish Human Rights Commission in the recent ‘Digital Rights’ litigation, Jo Kenny, Legal Officer with PILA, If any readers are interested in noted the courts’ legitimate concerns launched the PILA report on ‘The contributing to the ongoing discussion with granting standing, e.g. the Costs Barrier and Public Interest on costs and public interest litigation, allocation of judicial resources; the Litigation’. Jo observed that the threat please contact PILA at [email protected]. need to avoid “busybody” plaintiffs; of an adverse costs order remains a The next step will include convening a and the reluctance to deal with barrier to public interest litigation and group of practitioners to discuss law abstract matters. Patrick nevertheless that all the common law jurisdictions reform in this area.

MarriagEquality Public Interest Law ‘Know Your Rights’ Civil Marriage for Gay Institute 2010: PILA and Irish Council for Civil Liberties (ICCL) and Lesbian People European Pro Bono Launch New Guide On 15 November 2010, PILA Forum On 24 November, PILA Manager welcomed Evan Wolfson, lawyer and PILA staff attended the Public Interest Larry Donnelly and ICCL Director long-time civil rights leader in the Law Institute 2010 European Pro Bono Mark Kelly co-launched ICCL’s latest movement for marriage equality in the Forum in Paris on 18-19 November. Know Your Rights pack on the US, to talk about his work as a lawyer Some 280 international attendees European Convention on Human in the movement for justice and Rights. The pack was formally were at the forum and heard from a equality for same-sex couples. launched by Anthony Lester QC, wide range of speakers on a variety of who later addressed the ICCL’s PILA and MarriagEquality, an initiative pro bono initiatives around the world. working for civil marriage for gay and annual dinner for legal practitioners. PILA Manager Larry Donnelly spoke lesbian people in Ireland, co-hosted a PILA supported the publication of roundtable to discuss issues of justice about the role of pro bono in combating poverty and social the pack and Larry Donnelly and equality for same-sex couples. commented that: “One of PILA’s exclusion in Europe. He discussed the Encouraging discussion and dialogue, main objectives is to make the law the roundtable provided opportun- theme in an Irish context and and legal system more accessible to ities for the attendees to share reflected on those who now find all. The ICCL’s Know Your Rights learning and to discuss what is next themselves poor and socially excluded packs, which strive to inform people for same-sex couples and children for the first time in the wake of the about their legal rights and with gay and lesbian parents. economic meltdown. entitlements in plain language, play a Following the roundtable, PILA and vital role in achieving this objective. Larry highlighted PILA’s efforts to As such, we are delighted to co- MarriagEquality held a reception at overcome barriers to public interest which Geoffrey Shannon, family law launch this pack on the European litigation; to expand pro bono legal solicitor, addressed the need to Convention on Human Rights.” legislate for the children of same-sex work; and to reach out to current law parents, emphasising the importance students, the next generation of Irish The ‘Know Your Rights’ Guide of a child-centred approach, whilst lawyers. PILA also took part in the is available at: Brian Barrington BL outlined various NGO Marketplace at the forum and www.pila.ie and gaps in equivalence with marriage in introduced a new global audience of www.iccl.ie the Civil Partnership Act 2010. pro bono advocates to its work.

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Continuing education Law and Employment Law courses run by Irish Human Rights underpins FLAC’s service both the Ballymun Community Law Commission Roundtable Centre and Northside Community Law to the public on Direct Provision Centre in Coolock. These courses are accredited by FETAC and require regular The Irish Human Rights Commission project submissions and the completion Legal interns are integral to the day-to- held a roundtable on the subject of of a final examination. They are not direct provision and dispersal for day work of FLAC. Nine interns currently limited to legal professionals. Eoin Coffey, call FLAC their professional home, asylum seekers on 12 October, the one of the FLAC interns studying Family same day as a Joint Oireachtas contributing to different aspects of Law through the Northside Community Committee meeting on the same FLAC’s campaigns and responding to the Law Centre, is full of praise for the subject. Officials from the Department legal queries of the general public courses: “They are a great way for the of Social Protection, the Health through our telephone information public to increase their knowledge of Service Executive and the Office of the service. family law.” Ombudsman attended the roundtable. No representative from the An intern’s work requires strong general By undertaking these courses FLAC Department of Justice and Law interns stay up to date with develop- legal knowledge, particularly of family and Reform attended. employment law; these areas are heavily ments in the law and ensure they are queried by the public. Thus interns confident and capable in assisting the The event was attended by a number receive regular training, attending Family public with their legal questions. of NGOs working on asylum and migrant issues. Issues discussed included social welfare provision, an active part in the children’s upbringing mental health difficulties, education Child Benefit and contributes financially to their and the length of the asylum process. Discrimination Challenged upkeep. This event presented a useful opportunity for those representing The case raises a number of issues, direct provision residents to engage A mother and her two Irish citizen including what constitutes a “family unit”, with statutory bodies on some of the children who have been refused Child which is much more widely interpreted key issues and it also provided the Benefit have been given leave to judicially under the European Convention on Human chance to feed into the Commission’s review the decision. The mother, who is Rights than by the Department of Social work on the CERD shadow report an asylum seeker from West Africa, is in a Protection, and whether couples have to which is available at : relationship with the father of the co-habit to be recognised as a family. It www.ihrc.ie/download/pdf/201012101 children, who is Irish, but they are not co- also raises the question of access to 01458.pdf habiting because she and the children are previous decisions of the Social Welfare in direct provision. Appeals Office – already raised in New Specialised Services at another judicial review case. Access to The Child Benefit claim was refused FLAC Centres such decisions would allow the applicants because the mother does not satisfy the to see how similar cases have been dealt Habitual Residence Condition (HRC), FLAC, in cooperation with the Citizen’s with in the past and whether decision- Information Service for Dublin 2,4 and 6, even though the father does and FLAC is making is consistent. has opened two new specialised services in aware of other cases where mothers the Carmelite CIC on Aungier Street.There On this issue, however, the Appeals who do not satisfy the HRC have been is a specialised Family Law centre operating allowed to benefit from the father’s Office has claimed that it does not keep on the first and third Thursday of the status. FLAC, which represents this copies of its own decisions – it is not month. We also run a specialised family, has been told that the reason for clear whether they deliberately delete Employment Law advice centre on the this difference in treatment is that the them from their computers! Instead, they second and fourth Thursday of each month. parents are not co-habiting and send the decisions off to the The centres are by appointment only and therefore are not recognised as a “family Department of Social Protection, which bookings can be made by telephoning 01 unit”. The family are claiming that the is the respondent in this and other cases. 400 5971. children, for whose benefit Child Benefit And the Department in turn says it does Our volunteers in these specialist clinics is supposed to be provided, are being not keep a database of such decisions are experts in the relevant area of law, discriminated against compared with and that it would be far too difficult and namely Family, Employment and other Irish citizen children because of costly to do so, despite the fact that the Immigration law. Approximately, one third their parents’ living arrangements. The British and Northern Ireland authorities of all enquires at FLAC centres are Family couple’s relationship is stable and has file and publish similar decisions without law related with employment law accounting for a significant number also.As lasted for six years and the father takes apparent difficulty. a result, FLAC also runs specialised centres in Dublin and Galway.

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Focus on FLAC: Gillian Kernan, FLAC Research Officer

illian joined FLAC in 2007 as Gillian’s role at FLAC involves an intern, assisting Marcela supplying the FLAC centres with Data Rodriguez Farrelly with the Collection Forms which legal advice GData Collection Programme which volunteers complete, recording the she had created in 2004. area of law the client needed assistance with, whether the client had Marcela envisaged a way of collecting already spoken to a solicitor,as well as data from FLAC centres and the a synopsis of the advice given and Telephone Information Line to referral made. support FLAC’s campaign work, to enhance the service FLAC provides The form also gives volunteer legal and to highlight areas of unmet legal advisors a chance to highlight any need, particularly areas not covered cases brought to a centre which bring 2010. In contrast, family law queries by the Legal Aid Board. to light injustice in core areas of are consistent at one in four calls to FLAC’s work, such as access to legal the information line and one in three When Marcela left FLAC in 2007 to aid, consumer debt law reform, visitors to a FLAC centre,” take up a post with UNHCR in consumer credit law reform, and commented Gillian. Botswana, Gillian was assigned the social welfare law procedures and In her spare time Gillian is a keen position of Research Officer and took mechanisms, e.g. the Social Welfare swimmer and scuba diver and was on responsibility for the programme. Appeals Office. part of a relay team to break the Guinness World Record for the Prior to working at FLAC, Gillian The forms are returned to Gillian for longest open water relay swim in completed a B.A. (hons) in Economics collation and analysis. Similar details Camlough Lake in 2009 covering a and Geography, a master in Economic are recorded of all calls made to distance of 685.5km. Science and an MSc (research) in FLAC’s telephone information line and Housing Policy in University College queries received by email, which she Much of her time at FLAC over the Dublin. While undertaking the compiles to provide FLAC with up-to- coming weeks will be devoted to research masters on the provision of date statistics, which are central to all preparing the statistics, facts and affordable housing in Ireland she spent FLAC’s work. figures from the past year which will three months as an intern with UN demonstrate the issues affecting those HABITAT in New York. It was there “For example, debt related queries to who avail of FLAC’s service. Once that she developed an interest in FLAC’s telephone information line compiled, Gillian will prepare the data human rights which ultimately led to almost doubled from 56 calls in for FLAC’s upcoming annual report her interest in FLAC’s work. January 2010 to 110 in November which will cover 2010.

New FLAC Centre at ‘Outhouse’ On 7 November, a new FLAC Pictured are Sonya Centre opened in Outhouse on Donnelly, LGBT Lawyers’ Capel Street, Dublin. Outhouse is a Association coordinator for resource centre for the LGBT the FLAC Centre; Cormac (lesbian, gay, bisexual and Gollogly, also of the LGBT transgender) community. Lawyers’ Association, who is the legal volunteer at the The FLAC Centre is open on the new FLAC centre, and first Tuesday of every month. FLAC Volunteer and Centres Manager, Zsé Varga.

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Ireland’s human rights record to be examined in the Universal Periodic Review

n October 2011, Ireland will be Civil society organisations who wish as possible will contribute and sign up examined for the first time by to input into the UPR can do so by to the Stakeholder report. other United Nations (UN) submitting a UPR stakeholder report. countriesI on our human rights record. The deadline is 21 March 2011. The final result of the UPR This process is called the Universal Experience shows that the examination will be a list of Periodic Review or UPR.This is a new recommendations of civil society will recommendations made by other mechanism and is the first time that be stronger if we work together. countries on how to improve the UN states directly examine each human rights situation in Ireland. other on their human rights record. FLAC plans to use the UPR “Experience shows recommendations to inform our work One of the most exciting aspects of for change in Irish law, policy and the UPR is the broad range of human that the practice until Ireland’s next UPR rights that are considered: from the recommendations examination in four year’s time. right to health to the right to liberty of civil society will to the rights of children, older people be stonger if we A website for the UPR is currently and people from minority groups. work together” being developed. Please visit Structural challenges can also be www.iccl.ie or www.rightsmonitor.org included in the review. Ireland will be for more information. examined on its obligations under the Sixteen organisations, including FLAC, UN Charter, the Universal have come together to develop a joint Declaration of Human Rights, report. A full-time coordinator has The following websites have voluntary pledges made by Ireland, as been recruited by ICCL to work on some very useful materials on well as international humanitarian law. coordinating this. (Contact Mary O’Shea by email [email protected] the UPR: Office of the High The UPR examination is based on the or by phoning 01 7995404). Commissioner for Human following: 1) Information prepared by Rights: the State, 2) a summary of information To prepare for the stakeholder report, from UN reports (containing informa- the steering group plans to consult www.ohchr.org/en/hrbodies/ tion from monitoring bodies such as with groups and organisations around upr/pages/UPRMain.aspx the UN Human Rights Committee or the country and feed this information and http://www.upr-info.org/ the UN Committee against Racism, into the report.We hope that as many other UN documents) and 3) a report civil society organisations and groups with information from NGOs.

In preparing its report, the Irish government must conduct a national consultation exercise. This is a good FLAC Fellowship Award opportunity for NGOs and civil Jeff Walsh (left) is presented society to share their human rights with the Thomas Addis Emmet Fellowship by Mrs concerns with national policy makers. Justice Catherine McGuinness. As part of the Civil society also has the opportunity Fellowship, Jeff, a law to contribute to Ireland’s examination student at TCD, spent nine by providing evidence directly to the weeks working in Seattle as a legal intern with the UN about the situation on the Washington Appleseed

s r ground. We can use the UPR to Centre for Public Interest i e p S Law. Also pictured is Michael

highlight the gaps in human rights k e r protection within Ireland and as part Mansfield, QC. e D

y b of the examination the Irish o t

FLAC is now inviting applications for the 2011 Thomas Addis o Government can be held to account h P

for its past performance. Emmet Fellowship. See www.flac.ie for more information. ©

FLAC NEWS l OCTOBER - DECEMBER 2010 15 flac News | Vol. 20, No. 4

FLAC meets Launch of Transgender Young Bar Committee Pictured is Sophia Advisory Group Purcell, BL, Chairperson of the he Advisory Group set up by Young Bar Committee the Government to draft of the Bar Council, a proposals to recognise group representing

transgender persons is expected to s

young barristers, r T i e

report early in 2011. FLAC, p which was officially S

k

Transgender Equality Network Ireland e r

launched at the 4th e D

(TENI), and other interested bodies Annual Dave Ellis y b

made written submissions and met o Memorial Lecture held t o h

with the Gender Recognition Advisory P last November. Group towards the end of 2010. FLAC © also made additional submissions after transgender person’s acquired gender gender.Otherwise they are afraid that meeting the group to clarify some of identity. Some European countries, this might seem like endorsing same- the points discussed. but not the UK, Spain or Hungary, sex marriage. Some couples in this require applicants to undergo major position want to stay together and we Most bodies which met the Advisory gender reassignment surgery before suggested that it would be Group were impressed with their they will grant them recognition. We unacceptable to force couples who positive attitude and commitment to pointed out that such invasive surgery are in a stable long-term relationship drafting a scheme that would fully may not be medically advisable or may to divorce. respect the dignity of transgender even be highly dangerous for some persons. But there are some transgender people. In fact the Once again the German Constitu- difficulties with transgender laws in German Supreme Court and the tional Court and the Austrian other European countries which Austrian Administrative High Court Administrative Courts have struck brought in legislation some time ago have condemned such requirements down similar requirements. In the and in our written and oral in their domestic law in recent years. UK it has been suggested that couples submissions, FLAC argued that Ireland in this situation could divorce and should try to avoid these problems at Other countries, including the UK, almost immediately enter into a civil this stage. require transgender persons who partnership, but this is not feasible in were married in their previous Ireland where it is necessary to have Two of these issues concerned gender to divorce before they can be been separated for four years prior to preconditions for recognising a recognised in their new or acquired divorce.

Making access to justice possible FLAC has been working for equal access to justice for all people in Ireland since it was set up in 1969. Forty years later, we are still campaigning, researching and providing practical help to people all over the country. In 2009, FLAC answered some 10,154 queries over its telephone helpline and provided free legal advice to around 8,730 people via its centres around the country. The current economic climate means increased strain on FLAC’s workload. If you would like to help FLAC continue its work promoting equal access to justice for all, please consider making a donation to the organisation. You can help FLAC by: 8 Sending a cheque/postal order with your details to FLAC, 13 Lower Dorset Street, Dublin 1 8 Logging on to www.flac.ie and following the link to www.mycharity.ie 8 Making a credit/laser card donation by completing and returning the donation form below:

E I am : a PAYE taxpayer Name: ...... Amount: ...... a non-PAYE taxpayer If you are a PAYE-only taxpayer, a gift of E250 or more could be Address: ...... worth up to an extra 72% to us! ...... Please debit my: Visa Mastercard Laser Card number: Expiry Date: CSV:

16 FLAC NEWS l OCTOBER - DECEMBER 2010