Public Interest Law in Ireland – A Community Law Centres

Perspective

Colin Daly

Managing Solicitor

Northside Community Law Centre

Northside Community Law Centre

Independent Law Centre. The first Community Law Centre in the Republic of

Ireland - 1975. We provide free information, advice and representation

to individuals and groups in our community who otherwise would not be able to access legal services,

Works to empower the community through education, research and campaigns, and ADR,

2010 - assisted over 3,300 people & groups

Social Inclusion & The Legal System – Public Interest Law in Ireland Gerry Whyte

Public Interest Litigation

Public Advocacy- Law Reform - Education

What is Public interest Law ?

Using the law and legal services on behalf of the disadvantaged to effect social or political change and to tackle social exclusion through;

Public Interest Litigation Public Advocacy Education

Public Interest Litigation

Limited but useful

Positive Effects Direct /Indirect Change in law / policy Educational role Increase Bargaining Power Commentary on an issue

Public Interest Litigation

Negative Effects No legal principle to challenge Consequences of Loss Benefit to 1 group can adversely affect

another Create dependency Barriers – social/cultural/distance

Case Study 1 – McCann v the Judge of the Monaghan District Court & others

Order for arrest and imprisonment for one month for failing to pay Instalments on a loan

Ms McCann was a single mother of two children. Her only source of income was social welfare payments,

Ms McCann argued that the legislation contravened the protection afforded to her under the Constitution and the European Convention of Human Rights.

The State defended the proceedings.

The Court decided that the legislation violated Ms McCann’s constitutional guarantee of fair procedures.

Case Study 1 – McCann v the Judge of the Monaghan District Court & others

Result Enforcement of Court Orders Amendment Act 2009

Consequences - Improved system of debt enforcement, legal aid for debtors

Unintended Consequences - Adverse affect on the Enforcement of Maintenance Payments

Case Study 2 – Pullen v Dublin City Council & Others

Family living in a house rented from Dublin City Council Complaints of anti-social behaviour which they denied and

claimed they were victimised. Council - investigation and order for possession under

Section 62 of the Housing Acts 1966.

 Appealed unsuccessfully to the Circuit Court and then proceedings in the High Court arguing that the procedure did not allow for an independent hearing on the issue of anti-social behaviour where the family could challenge the decision of the Council to evict them.

 

Case Study 2 – Pullen v Dublin City Council & Others The Council defended the case arguing that the

family could judicially review its decision and that its actions were justified for maintaining control of its housing stock.

In December 2008 the High Court found the eviction procedure used by Dublin City Council of a interfered with their rights as protected by the European Convention on Human Rights Act 2003

The remedy provided was one of compensation.

Case Study 2 – Pullen v Dublin City Council & Others

Result Compensation Consequences – S.62 procedure held to a

disproportionate interference with the family’s human rights

Unintended Consequences – S.62 eviction procedures still being used, although in a more reduced and limited way, Compensation seen as an adequate remedy rather than an injunction

Public Advocacy

Law Reform Activities Submissions to Government / Policy Makers /

Influencers Pre-Budget Submissions Children & The Law – Medical Treatment Housing Group

Research The Social Welfare Appeals System; Accessible & Fair?

Public Advocacy

Community Education Local – Direct ‘Know Your Rights Courses’

– Travellers, Elderly, Local – Second Tier Training for other

Community Groups - Governance Regional / National Courses for MABS on

Mortgage Debt, Code of Conduct on Mortgage Arrears

Information – Casebase

Challenges

Create a Culture of Judicial Activism Strategic combination of Legal & Policy Work Education & New Information Technologies Research,Evidence & Data Analysis

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