Moving out of personal debt - FLAC information session

On Thursday 16 May, FLAC hosted an information session on how to use the new legal infrastructure around personal debt and insolvency. Entitled 'Moving out of Personal Debt: How to use the new legal infrastructure on personal debt and insolvency', the event provided an overview of existing and newer infrastructure around personal debt and insolvency, from mortgage arrears to full bankruptcy. It also looked at the current structures from a consumer perspective.

Speakers included Lorcan O'Connor, Director of the Insolvency Service of Ireland; Christopher Lehane, Official Assignee in Bankruptcy; Colette Bennett, Project Development Manager, MABS; Paul Joyce, Senior Policy Analyst, FLAC; and Tom Murray, Partner, Friel Stafford. There were two lively Q&A sessions and FLAC Director General Noeline Blackwell chaired the event. Video clips of the individual inputs will be available on the FLAC website shortly. You can also download presentations from the speakers and read more about the event. We live-tweeted on the day under #flacdebt101

Revising the code of conduct for banks on mortgage arrears

The Central Bank is in the process of revising its current Code of Conduct on Mortgage Arrears - a very important tool for borrowers, as it governs how banks must deal with customers in mortgage arrears on their family homes. It has put together a consultation paper and has invited submissions from interested parties.

The deadline for submissions on the review of the Code has elapsed. FLAC has prepared a set of 14 recommendations which you can read on our site. (There is also a handy summary document of our recommendations available). However, anybody who wishes to engage with the consulation may direct their proposals to the Central Bank at code@centralbank.ie - and please feel free to use our submission for information.

FLAC wins Pro Bono and Public Interest Team/Lawyer of the Year

Presenting FLAC Director General Noeline Blackwell with the 2013 Law Award for Probono/Public Interest Team of the Year is Brian O'Neill of Documatics who sponsored the award in this category.

We are delighted to announce that FLAC have been named Pro Bono & Public Interest Team \ Lawyer of the Year at the Danske Bank Irish Law Awards 2013. FLAC was honoured to have been nominated alongside some outstanding teams and individual lawyers. Thank you to all FLAC's volunteers, supporters, staff, board members and interns for their ongoing dedication to access to justice issues.

In its second year, the annual awards ceremony took place on Friday, 3 May, hosted by current affairs broadcaster Miriam O’Callaghan. The Awards recognise the achievements and work of leading law firms, legal practitioners and in-house legal teams across Ireland. Congratulations to all the award winners!

New proceedings issued in transgender rights case

Cover image for Foy case_Briefing Note_Feb 2013

FLAC has issued new proceedings on behalf of its client, Ms Lydia Foy, who won an historic victory in the High Court five years ago in her bid for recognition of her gender identity. Despite this victory and despite reassurances from the state that legislation would follow to provide for legal recognition of transgender persons in Ireland, there has been no progress on the issue since the publication of a report on gender recognition in 2011. Read more about the new legal proceedings in our press release and find out about the background and context for the Foy case in our updated briefing note.

FLAC's telephone information line received over 1,500 debt-related queries in 2011.
A revised Code of Conduct on Mortgage Arrears outlining how lenders address the issue of mortgage arrears came into effect on 1st January 2011. See FLAC's Factsheet on the Code on our website.
FLAC runs specialised advice clinics for Irish speaking and deaf clients. FLAC also has specialised immigration, employment and family law centres. Click "Find your nearest Legal Advice Centre" below.
The number of cases relating to the habitual residence condition which were successful on (either allowed in full or partially allowed) was 743 in 2010 and 2,369 in 2011.
Civil legal aid and advice covers most civil law matters, including issues relating to family, debt, probate, consumer, contract and negligence.
The Revised Consumer Protection Code came into effect on 1 January 2012. Compliance with the Code will be monitored by the Central Bank.
Complaints made to the Ombudsman in relation to social welfare and other benefits rose 30% in 2010.
The Government has issued its 1st report under the UN's Universal Periodic Review process in July 2011, available at http://bit.ly/l59I0P
The Legal Aid Board website has an online indicator which will assist you in finding out if you are likely to be financially eligible for Legal Aid. www.legalaidboard.ie
45% increase in debt-related queries to FLAC centres in 2010 compared to 2009.
The Social Welfare Appeals Office processed 34,027 appeals during 2011. 6,035 of those were revised in favour of the appellant by the Deciding Officer and 2,602 appeals were withdrawn
FLAC submits that the Legal Aid Board service should have a ceiling of 4 months on the time which people should have proper access to a solicitor. The wait, in reality, can be up to 12 months.
Appeals Officers in the Social Welfare Appeals Office (SWAO) determined 25,390 of the 34,027 processed by the SWAO in 2011. 8,331 (32.8%) were successful or partly successful.
The Central Bank publishes quarterly mortgage arrears figures of households in arrears of more than 90 days. The figures refer to an individual's principal primary residence.
Council of Europe Report (June 2011) highlights Ireland's lack of legal gender recognition legislation, available at http://bit.ly/jmqFJD
Since its launch, PILA has facilitated over 100 legal advice & litigation support referrals, 13 law reform working groups & 24 NGO legal education sessions. Find out more at pila.ie
Some 117 orders for possession of property were granted at the High Court in the first three months of 2011 – almost double the number in the first quarter of 2010.
Nearly 6,000 people are now living in direct provision accommodation centres in 18 counties. (December 2011)
The average processing time for a social welfare appeal to theSocial Welfare Appeals Office in 2011 was 25.1 weeks for summary decisions and 52.5 weeks for an oral hearing.
In March 2012 4,665 people waiting for a first appointment with a Legal Aid Board Solicitor.
The number of Possession Orders granted in the 4th quarter of 2010 was 119, up from 98 in the 3rd quarter.
FLAC seeks to highlight the fact that people need legal assistance in order to access justice.
Public interest law is working with the law for the advancement and protection of human rights and for the benefit of disadvantaged people through litigation, law reform and legal education.
State funded Civil Legal Aid is not free - there is always a charge.
At the end of 2011, 70,911 (or 9.2%) of residential mortgages were in arrears of more than 90 days, according to the Central Bank.
At the end of March 2012, 10.2% of private residential mortgage accounts were in arrears for more than 90 days (Central Bank, May 2012)
FLAC runs a specialised clinic on social welfare law which operates from 7.30 to 9.00pm every Thursday in St. Andrew's Resource Centre, Pearse St., Dublin 2.
In 2011 there was a 68% increase in debt-related calls to FLAC's telephone information line from 2010.
The Government-appointed Expert Group on Mortgage Arrears recommended changes to the Mortgage Interest Supplement Scheme in July 2010. However, this still has to be implemented...
All negative decisions on social welfare applications, including payments under the Supplementary Welfare Allowance Scheme, can be appealed to the Social Welfare Appeals Office.
According to the Irish Prison Service Annual Report 2010, the number of people jailed for not paying fines was up 91% in 2009
FLAC is seeking funding to aid our continuing campaigns and services. Please donate using the button below.
FLAC received nearly 10,000 calls to its telephone information line in 2010.
The Irish Times reports that 177 orders for repossessions were approved in the first quarter of 2011 - almost double the amount at the same time in 2010.
24% of calls to FLAC telephone information line in 2010 were on family law, compared to 22.1% of calls in 2009.
Each adult in direct provision receives €19.10 weekly and €9.60 per child; this amount has not increased since 2000.
FLAC supports over 700 volunteers giving advice all over the country.
The Enforcement of Court Orders (Amendment) Act 2009 effectively provides that a debtor may be imprisoned for failure to pay a debt only if s/he can afford to pay but refuses to do so.
Ireland has only ever made 2 collective complaints to the European Committee on Social Rights and the Social Charter
Between January and March 2011 the demand for legal aid rose 28%.