Dáil debates

Thursday, 24 November 2011

Topical Issue Debate

Community Legal Services

4:00 pm

Photo of Terence FlanaganTerence Flanagan (Dublin North East, Fine Gael)
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I thank the Ceann Comhairle and his staff for giving me the opportunity to raise this important matter which relates to the provision of funding for the Northside Community Law Centre, an independent, community-based legal centre which serves to protect the legal, social and economic rights of individuals and groups. It provides services for individuals and groups which reside in the Dublin North-Central and Dublin North-East constituencies, as well as for other residents in north Dublin. It is a registered charity and governed by a voluntary board of directors. More specifically, it seeks to provide free information and advice for those individuals who require legal advice but are not in a position to pay for it. It also seeks to raise awareness in the community of issues that have an effect on it and empower residents through education and other campaigns.

Last year the centre assisted over 3,300 people with information, advice and legal representation. Its services were most readily sought in dealing with family law issues, welfare queries and employment law matters. A significant amount of advice was also proffered on debt and debt resolution issues. The centre has embraced new legal remedies and facilitated mediation on a range of issues such as parental conflicts, workplace difficulties. It also provides conflict coaching. The number of volunteer hours amassed by the centre in 2010 came to an impressive total of 1,500.

The centre was able to provide its invaluable services owing to funding provided by the Department of Social Protection. In fact, 63% of the centre's income came from the Department last year, in addition to some funding provided by the Law Society of Ireland, the Bar Council of Ireland and the Community Education Network. The funding from the Department of Social Protection, which represents 45% of the centre's funding, was continued for this year but there was a 17% reduction in it. The Bar Council of Ireland has not provided funding this year to date and now the centre is faced with the prospect that the Department of Social Protection will not be in a position to provide funding next year. The centre has been advised that the funding stream is not secure and that it needs to secure funding from alternative sources such as the Department of Justice and Equality.

The law centre has carried out a comprehensive investigation of the possibilities of securing funding from other sources, but the Department of Justice and Equality has informed the centre that it is already funding FLAC, which its considers is providing a very similar service and as such it would not be in a position to fund the centre.

I have spoken in depth with the management of the centre and it has highlighted the differences between the service it provides and the service FLAC provides. Unquestionably, FLAC provides a very good service but it is not at the heart of the community on the northside where the Northside Community Law Centre is based. The centre has been operating in the area since 1975 and knows its community and the problems and obstacles the people there face. It does not simply make legal representations for individuals when the need arises but is dedicated to providing ongoing training and support to members of the community on issues that affect them in their daily lives. The centre can be said to be more accessible than FLAC as there are advice clinics held on a weekly basis as opposed to on a monthly or fortnightly basis. A dedicated family law solicitor is on hand every two weeks and appointments outside this timeframe can also be made.

A significant factor is that the law centre provides advice on appointment with the Money Advice and Budgeting Service and it is specifically retained to advise MABS. This gives the centre a significant insight into the debt concerns and problems people are experiencing and it is very knowledgeable about the debt problems that average households in the communities face. The centre is critically aware of the problems in this area and as such is well equipped to inform the community on how to navigate through their difficulties with debt.

Funding for the centre is an important issue and one that needs to be addressed in light of the service it provides to a significant number of people on Dublin's northside. If the centre is unable to secure future funding from the Department, it will not be able to provide the service on which so many people have come to rely. To ensure those most vulnerable are represented and have access to free legal advice and support, we must ensure the funding is made available. On behalf of my constituents in Dublin North-East, I call for funding to be made available to ensure the Northside Community Law Centre can continue its invaluable work. I hope to receive an assurance from the Minister of State that discussions can resume with the Department of Social Protection on this matter.

Photo of Brian HayesBrian Hayes (Dublin South West, Fine Gael)
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The Minister for Justice and Equality has asked me to thank Deputy Flanagan for providing him with the opportunity to debate this matter. The Minister understands that the Northside Community Law Centre, NCLC, which is based in the Northside Civic Centre, Dublin 17, has been in operation since 1975 and that it was the first community law centre in the Republic of Ireland.

The Minister notes from its website that the NCLC provides services to individuals and groups that reside within the Dublin North-Central constituency and Deputy Flanagan's constituency of Dublin North-East. The NCLC, in addition to being a community law centre, is an independent law centre and, as such, is not one of the local law centres established by the State to provide legal services in regard to civil law matters by the Legal Aid Board.

The Legal Aid Board, which comes under the remit of the Department for Justice and Equality, is an independent, publicly funded organisation. It has been in existence since 1979 and was set up as a statutory body on foot of the Civil Legal Aid Act 1995. The board's objective is to provide a professional, efficient, cost-effective and accessible legal aid advice service. The board has an executive management structure primarily located at its head office in Caherciveen, County Kerry and also at an office in Mount Street, Dublin. Most importantly, particularly in regard to this debate, the board also has 33 full-time law centres located throughout the country, including seven such centres which are located in Dublin. The board also operates a private practitioner service, a refugee documentation service and a library service in Montague Lane, Dublin. In addition, the functions of the Legal Aid Board were recently extended to include a family mediation centre.

In 2007, just over 10,150 persons sought legal services from the board in regard to general civil, non-asylum, matters. This figure increased to 17,175 in 2010 while the number of applicants in the first six months of this year was almost equal to the total number for the 12 months of 2007. As these figures clearly demonstrate, the Department of Justice and Equality and its agencies are, due to reduced financial resources being available, under severe pressure to meet the demands placed on them to provide existing services.

The Minister for Justice and Equality understands that the Department of Social Protection has for some years provided finance to the NCLC. The Minister is informed that a number of meetings took place earlier this year between the NCLC and officials from the Department of Social Protection and that, as a result, a total of €350,000 is to be made available to the law centre during 2011. The Minister for Justice and Equality further understands that the Department of Social Protection will not be in a position to provide such financial assistance going forward.

The Department of Justice and Equality does not fund the NCLC. It has been approached on several occasions in recent years regarding funding for the law centre but no funding source was identified or money made available to the NCLC.

The Department of Justice and Equality funds the Legal Aid Board which provides civil legal aid to persons of insufficient means. While the Minister acknowledges the service provided to the community by the NCLC he does not have any financial resources which he can allocate to it or to similar bodies.

Photo of Joanna TuffyJoanna Tuffy (Dublin Mid West, Labour)
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Does Deputy Flanagan wish to ask a supplementary question?

Photo of Terence FlanaganTerence Flanagan (Dublin North East, Fine Gael)
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Yes. I thank the Minister of State for replying to this matter. The Northside Community Law Centre assisted 3,300 people last year with the provision of advice, representation and education. It provides many services to people on the northside.

The centre received funding of €350,000 from the Department of Social Protection this year and it seeks that such funding will be ring-fenced and will continue to be provided for next year - it is not seeking an increase in funding. Historically, the centre was funded through the Department of Social Protection but the Department of Justice and Equality has a responsibility in this area in that solicitors are being provided with training through intern schemes in the law centre and various services are being provided. Volunteers provided 1,500 hours freely to deal with various issues and queries. Debt issues can be complex and that is the reason people need help. They would not use this facility if there was no demand for it in the first place. It is imperative that this issue be dealt with. The centre has been at the heart of the community since 1975 and the amount of funding required is very small.

The centre has been involved in innovative solutions in the area of mediation in terms of the community, parental, workplace and elder mediation and conflict coaching. It has been innovative and has provided a great deal of education, support and training for law graduates as well as helping people in the general community. I ask the Minister of State to ensure that the Department of Social Protection continues discussions with the law centre to ensure it remains on a stable footing for next year.

Photo of Brian HayesBrian Hayes (Dublin South West, Fine Gael)
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I appreciate the point the Deputy makes regarding the extraordinary work that goes on in the centre and the impact it has had on so many people who need recourse to legal advice but do not have means to get that privately. I understand from the reply that discussions are not ongoing and that the view of the Department of Social Protection is that this money is not being ring-fenced. I understand from the Department of Justice and Equality that it cannot provide funding for it either. That is fairly concrete evidence from what both Ministers have said. If this issue can be taken up again with either the Department of Social Protection or the Department of Justice and Equality-----

Photo of Terence FlanaganTerence Flanagan (Dublin North East, Fine Gael)
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It must be taken up with them as this is a very valuable service

Photo of Brian HayesBrian Hayes (Dublin South West, Fine Gael)
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It needs to be. I advise the Deputy to raise it directly with both Ministers. I will certainly make sure that both Ministers are fully informed of the important contribution he has made here and the case he has put so eloquently for the law centre and its work.

Photo of Terence FlanaganTerence Flanagan (Dublin North East, Fine Gael)
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I thank the Minister of State.