Ladies and Gentlemen,
As many of you know, FLAC exists to provide equal access to justice for all, regardless of income or background and this has been a central tenet of FLAC since its foundation and a personal objective of mine since my days as a Trinity College Law Undergraduate. It was in the early days of FLAC that it detailed its primary activities as providing advice and information; undertaking analysis of how the law impacts on society generally and in particular those who are disadvantaged, and the advocacy of necessary reform. These crucial activities of FLAC have been undertaken with extraordinary commitment by many in the over 4 decades of the organisations existence.
My FLAC Connection
On receiving Noeline’s (Blackwell) invitation to launch the 2011 Annual Report I was reminded that FLAC has been with us during all of my adult life and that my association with the organisation stretches back over 40 years.
It doesn’t seem to be that long ago when I was Director of the Crumlin FLAC centre, which was based in the Social Services Centre on Armagh Road and which now operates out of the Citizens Information Centre on Sundrive Road.
Back then, in the early to mid-1970’s, I was also happy to serve as a Council Member and was delighted, in 1975, to serve as Chairperson of FLAC.
FLAC - Early Days and Now
When I joined, FLAC was still in its infancy having been established in 1969 by the late Mr. Justice Vivian Lavan along with former Attorney General, David Byrne SC, Denis McCullough SC and retired Hong Kong magistrate, Ian Candy. A primary objective at that time was to persuade the Government of the day of the need to establish a comprehensive scheme of civil legal aid for those who couldn’t afford to pay for legal advice and representation. As is the case today, a major portion of FLACs work at that time was the giving of family law advice and, extraordinarily, most of our family law was based on statutory provisions that went back to the 1800s and law inherited from the Ecclesiastical Courts of the Church of Ireland. Family law was completely out of touch with the needs of most of those who sought assistance. The FLAC Report of 1972 was a seminal document which contained a comprehensive critique of the then family law and recommended major reforms, some of which were ultimately contained in the Family Law (Maintenance of Children) Act 1976 and the Family Home Protection Act 1976. Other reforms were much longer delayed and included the Status of Children Act of 1987 and my own Private Members Bill, the Judicial Separation and Family Law Reform Act 1989, the latter Act ultimately laying the foundation for provisions later contained in the Family Law Act (Divorce) Act 1996. My recollection is that the major contributors to the 1972 FLAC Report in addition to myself were Brian Gallagher, who was then a recently qualified solicitor and with whom I established a partnership some years later and the late David Moloney who was subsequently elected a Fine Gael TD and died at far too young an age.
During 1974, in advance of the establishment of the Legal Aid Board, FLAC submitted proposals for a comprehensive system of legal aid and advice and Brian Gallagher, as a former FLAC Council Member, was nominated to the Pringle Committee which was established by the then Minister for Justice, Patrick Cooney, to advise on the architecture of the proposed state-financed legal aid and advice scheme.
By virtue of the fact that the Legal Ais Board is by now a well-established part of the Justice sector one could say that FLAC is a success.
But that does not portray the whole picture.
In the early 1970s there were seven or eight FLAC centres in Dublin and two in Cork. Today there are FLAC/Legal Advice Centres at 80 locations throughout the State. 93 legal advice services operate from these 80 locations and some have specialist family law, employment law and immigration law clinics.
During my time, FLAC was led by law students. It’s pleasing to note that students are still very much involved today in the long-established FLAC Societies in Trinity College and UCC, and in the more recently established societies in DCU, NUI Galway, NUI Maynooth and the Student Legal Services Society in UCD.
In order to advise at a FLAC/Legal Advice Centre, volunteers must be admitted to the roll of solicitors or have obtained a Barrister-at-Law Degree. While the majority of the 700+ volunteers are qualified barristers and solicitors, trainee solicitors and law graduates assist the volunteer advisors in completing data collection forms and in supplying callers with relevant information leaflets, for example.
I think it important to state that it is not only your clients who have benefited from the work you do. Today, as in my time, the real life experience gained with FLAC by trainee and newly-qualified solicitors and barristers will prove to be an invaluable foundation on which to build their fledgling legal careers.
Given the substantial growth in the number of FLAC/ Legal Advice Centres over the years it is not too surprising to learn of the huge number of callers to FLAC centres and on your telephone information and referral line. Last year alone, I understand that FLAC provided legal information to 12,923 callers on its information and referral line, and provided legal advice to 12,656 callers - in relation to 13,362 queries - to FLAC centres and legal advice centres around the country.
When one considers that FLAC has but 11 paid employees, along with a staff of four who are working on the Public Interest Law Alliance project, two interns on the JobBridge scheme and the benefit of a FÁS scheme where interns interested in pursuing a career in law can gain work experience your output is a tribute to you and your volunteers.
Behind the Statistics
That said, behind these impressive statistics lie the everyday issues that concern us all which are FLAC’s real success story.
Last year 45% of calls received on FLAC’s telephone information and referral line and almost 60% of callers to FLAC centres, concerned matters relating to family, credit & debit, and employment law. Ordinary everyday matters that concern us all, every day.
Some 3,089 of these telephone calls and 4,165 of these centre queries concerned family matters. These represent one quarter of all telephone calls received and one third of all callers to FLAC centres. It is interesting to note that, in my time, by the end of October 1974 FLAC had dealt with 2,576 cases concerning interpersonal relations (or family law).
A number of things stand out when one considers these figures. The first thing that strikes me is the huge increase in assistance provided by FLAC in 2011 when compared with the period 1969-1974. The second is the fact that, in spite of the many changes that have taken place in our society during the past four decades, the number one issue for those seeking FLAC assistance still concerns family law.
Given the important place that family life holds in Irish society perhaps this is not too surprising. In their own way, these statistics also serve to underpin the decision taken to transfer the Family Mediation Service to the Legal Aid Board in November 2011.
Also noteworthy is the proportion of employment issues dealt with by FLAC and the increasing engagement of FLAC in addressing and assisting individuals to deal with their indebtedness. Whilst in overall terms the number of social welfare queries and appeals dealt with by FLAC are relatively small, I believed many years ago, and still believe, that there is a need for greater transparency in the social welfare appeals system.
Legal Services Regulation Bill 2011
As you are aware, the Legal Services Regulation Bill 2011 has its genesis in the Government’s Programme for National Recovery. Under that Programme, the Government undertakes to “establish independent regulation of the legal professions to improve access and competition, make legal costs more transparent and ensure adequate procedures for addressing consumer complaints”. The Bill provides a statutory framework for delivering these commitments. It encompasses both solicitors and barristers – in fact, the latter are for the first time regulated by statute. I would like to thank FLAC for their informed and constructive submissions on the Bill.
I would like to take this opportunity of highlighting that my Department will be hosting a conference titled ‘Regulatory Reform for a 21st-Century Legal Profession’ in the Conrad Hotel, Earlsfort Terrace on Friday the 6th July. It is open to all members of FLAC to attend and I hope that you find it both useful and interesting.
Personal Insolvency Bill
I would like to mention another important Bill in respect of which FLAC has made a submission to my Department. I hope, by the end of this month, following Government approval, to publish the long awaited Personal Insolvency Bill which will radically transform our approach to deal with the very significant issues of over-indebtedness which many of our fellow citizens are experiencing.
FLAC has a long history of involvement in seeking humane and workable solutions to personal indebtedness, including their notable publication in 2003 of "An End based on
Means".
In the development of the forthcoming legislation, FLAC has made a significant input by way of involvement with my Department, including a very detailed submission on the issues concerned. FLAC also hosted a Conference on Legislating for Personal Insolvency in Ireland in April which provided very valuable insights.
All that remains for me now is to congratulate FLAC on the fine body of work completed in 2011 and to wish you continued success in your endeavours in the years to come.
Thank you.