FLAC Annual Report – 25,700 people received information and legal advice in 2016

Launch of FLAC Annual Report 2016

FLAC published its annual report on 31 July, 2017 with a launch by Minister for Justice and Equality, Charlie Flanagan TD. The report covers FLAC’s work in 2016—based on advice & information, analysis and advocacy—focused on providing basic legal assistance, improving fairness and efficacy in the social welfare system, ensuring greater access to civil legal aid and reforming Ireland’s credit and debt law infrastructure. PILA worked throughout 2016 to empower socially marginalised groups through access to pro bono legal assistance. The report highlights include:

2016 Statistics on legal need: This year, 25,710 people around the country received direct assistance with legal problems in free legal advice clinics and via FLAC’s telephone information line. FLAC is very grateful to the more than 700 volunteer barristers and solicitors who worked to provide this advice as well as the talented interns and volunteers on its telephone line. In particular, FLAC acknowledges and thanks its partner network of Citizens Information Centres and other community centres nationwide which enable legal volunteers to provide much needed assistance to the public.

  • There were 13,481 callers at legal advice clinics in 67 locations. Callers focused mostly on family law (34%), employment law (14.7%), wills/probate (9.5%) and housing/landlord & tenant queries (7.4%).
  • FLAC’s Telephone Information & Referral Line received 12,229 calls. The most popular areas of inquiry were family (24%), housing/landlord & tenant (8.6%) and employment (7.9%).

PILA: In 2016, PILA facilitated more than 95 legal advice and litigation referrals through our Pro Bono Referral Scheme, which involves a register of 330 barristers, 25 law firms and 4 in-house legal teams. They provided their legal services for free (pro bono) to 120 NGOs, community groups and independent law centres. About a third of the referrals were related to organisational matters and the remainder focused on campaigning work and issues relevant to clients, such as housing and homelessness, disability, immigration and mental health.

During 2016 PILA providing ongoing support to 5 law reform working groups targeting issues such as housing and homelessness, mental health, workers’ rights and older people and human rights.  

PILA also organized nine legal education sessions in 2016 for 160 people. The topics were: civil legal aid, Traveller accommodation, child & family law, asylum & refugee law, housing rights, data protection and defamation.

Analysis and advocacy

Debt and credit law reform: FLAC made a presentation to the Oireachtas Committee on Housing and Homelessness detailing our main concerns and proposals on mortgage arrears and emphasising that a significant increase in the repossession of family homes would serve to exacerbate an already acute housing crisis.

FLAC’s recommendations included:

  • making the Code of Conduct on Mortgage Arrears a Ministerial regulation, expressly admissible in any legal proceedings;
  • promoting access to an expanded Mortgage-to-Rent scheme;
  • establishing a mortgage rescheduling tribunal on a statutory footing to hear appeals from borrowers unhappy with the outcome of the Mortgage Arrears Resolution Process (MARP).

In 2016, FLAC welcomed the announcement of the Abhaile Scheme to support those in mortgage arrears with legal and money advice. This has been a long-standing campaign issue for FLAC.

FLAC’s 2014 report on legal protections for consumers of credit & financial services, Redressing the Imbalance, was the basis for a Sinn Fein Private Member’s Bill to reform the Financial Services Ombudsman office, the Central Bank and Financial Services Authority of Ireland (Amendment) Bill 2014., the aim of which was to make it easier for consumers of financial products to make a complaint to the Financial services Ombudsman. Throughout 2016 it was a significant campaign issue for FLAC (the Bill became law in July 2017).

Improving social welfare law: FLAC’s July Pre-Budget submission to the Department of Social Protection called for a review of the adequacy of existing rates of social welfare payments in order to guarantee a basic level of income and an adequate standard of living for everyone as well as for the phasing out of austerity measures. In this submission, FLAC called for:

  • all budgetary proposals advanced by the Department to be human rights & equality proofed;
  • greater efficacy, transparency and consistency in the social welfare appeals system particularly in first-instance decisions;
  • the Social Welfare Appeals Office to be placed on a statutorily independent footing from the Department;

Over the course of 2016 Flac highlighted the new mandatory requirement on all government departments and public bodies imposed by section 42 of the Irish Human Rights and Equality Commission Act 2014 which requires departments and statutory bodies to promote equality of opportunity and protect human rights of staff and service users. 

FLAC report on civil legal aid ‘Accessing justice in hard times’ FLAC’s showed that pressures on the state Legal Aid Board have increased, reducing already limited capacities and straining a system which was not comprehensive in the first place.

The report made fourteen recommendations to the Government and the Legal Aid Board, covering:

  • adequate funding and resourcing for the Scheme;
  • a human rights and equality impact assessment of any future cuts;
  • proposals to enhance eligibility and visibility and to cut waiting times.

Debt and credit law reform: PILA and FLAC addressed the Oireachtas Committee on Housing and Homelessness detailing main concerns and proposals on mortgage arrears and emphasising that a significant increase in the repossession of family homes would serve to exacerbate an already acute housing crisis.

Casework highlights:

PILA support for case on secret ballot for visually impaired voters: Despite constitutional protection for the right to a secret ballot, if a person with a visual impairment wishes to vote currently, they must do so through a ‘trusted friend’ or presiding officer. PILA supported the Blind Legal Alliance to take a case to ensure visually impaired people can vote in private and independently in elections.In November 2016, while the case was still ongoing, the State introduced regulations to provide for template voting in referenda for persons with a visual impairment. The litigation was ultimately successful in 2017.

Direct provision – basic rights of people seeking protection: FLAC acted in a case where a mother in Direct Provision was seeking compensation for excessive delay in processing her application for subsidiary protection. The case ended in a positive result in early 2017, with the High Court ordering the payment of compensation to the woman. The Court ruled that the delay in determining her application meant she was refused Child Benefit to which she would otherwise have been entitled.

A copy of the annual report is available to download from FLAC’s website here.

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