PILAPROGRESS REPORT2009–13THE STORY SO FAR…

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In 2009, as the Irish non-profit and legal sectors faced significant economic challenges, the Public Interest Law Alliance (PILA) launched with a collaborative vision to make the law work better for those most in need.

In the mid-2000s the Free Legal Advice Centres (FLAC), an organisation that has worked to advance access to justice for over 40 years, recognised that there was a strong public interest law spirit across civic and legal society. This spirit needed a central driver that could connect people and organisations who wanted to use the law to effect social change. FLAC also knew from its legal advice centre operations that Irish lawyers have a strong volunteering spirit, and there was potential to develop more opportunities for lawyers to donate their time and legal skills pro bono (for free). PILA was therefore established to drive the use of the law in the public interest to benefit marginalised and disadvantaged people. Today, PILA remains one of FLAC’s core strategies for increasing access to justice.

PILA believes that cooperation between the non-profit sector and lawyers is essential to helping vulnerable individuals and groups use the law. We operate a Pro Bono Referral Scheme that matches expertise in the legal profession with specific legal needs in non-governmental organisations (NGOs), community groups and independent law centres. PILA works with organisations that recognise the importance and usefulness of public interest law and work on issues that benefit marginalised and disadvantaged people. These organisations’ needs are wide-ranging and constantly changing. Lawyers on PILA’s Pro Bono Register generously give their time, energy and expertise on a pro bono basis to these organisations.

We use the fortnightly PILA Bulletin, our website, seminars, conferences and other activities to raise awareness within the Alliance around public interest law and innovative ways of using the law. Our website and social media channels are forums for public interest law information, cases, strategies, discussion, resources and events. We also reach out to law schools and law students to ensure that public interest law and clinical legal education become central

components of the curriculum.

The strength of the Alliance, a coalition of people with diverse backgrounds and outlooks, is what makes PILA so effective. These stakeholder organisations and individuals share, learn and engage with the united belief that law is a powerful tool that should be used for good. Many of them have long-standing involvement in social justice issues, others are new to the realm of public interest law. PILA’s success to date is down to our progressive stakeholders, who pushed the boundaries and got involved in something new. We would like to thank all the Alliance members for their huge commitment of time, their continued energy and for just saying ‘yes’.

This Report builds on our previous Progress Report, to highlight PILA’s development from 2009 to now. It’s the story so far – but there is much more still to do.

The PILA Team Mairead Healy Project Officer

Eithne Lynch Legal Officer

Rachel Power PILA Coordinator

Kim Watts Legal Information & Communications Officer

December 2013

Welcome

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PILA’s Pro Bono Referral Scheme matches the legal needs of NGOs, law centres and community organisations with barristers and solicitors and law firms who have signed up to PILA’s Pro Bono Register. Lawyers give their legal expertise in a number of ways:

P by providing legal advice in conjunction with an organisation’s policy and campaign work, or on organisational issues e.g. advice on a bill going through the Oireachtas, legal clarification for a national campaign, a governance ‘health-check’, or advice on data protection.

P by participating in law reform working groups. A law reform working group is where lawyers on our pro bono register undertake research that will help organisations effect systemic change. PILA has set up law reform working groups on topics including assisted decision-making, legal issues associated with the rights of children of prisoners, assisted dying and hate crimes legislation.

P by delivering a legal education session. In 2012 and 2013, legal education sessions were held on topics as diverse as landlord & tenant law, the habitual residence condition, health & safety, data protection & freedom of information, domestic violence and employment law.

P by providing litigation support. This includes pre-litigation opinions and casework.

PILA now works with over 75 NGOs and independent law centres, 220 individual lawyers and 14 law firms. We also work with other pro bono and public interest law initiatives such as The PILS Project, the Bar Council’s Voluntary Assistance Scheme and PILnet.

PILA continues to expand its reach beyond Dublin and is currently working with regional organisations such as Doras Luimní and Nasc. We have hosted legal education sessions in Cork, Galway, Castlebar and Limerick. Where possible, PILA uses locally based lawyers to give pro bono assistance.

How the PILA Pro Bono Referral Scheme Works:

The first roots of the PILA project were laid down at a major interna-tional conference hosted by FLAC in 2005. This, and later research, concluded that there was great demand and need in Ireland for a network or alliance of stakeholders interested in making maximum use of legal resources for the benefit of marginalised and disadvan-taged people. With the vision and commitment of the Atlantic Philanthropies behind the development of this concept, PILA was formally launched in 2009.

PILA’s work today is centred on the operation of a professional Pro Bono Referral Scheme; hosting practical legal education sessions, seminars and conferences; and the provision of news and information resources. We are working with the Irish legal profession to build a strong and vibrant pro bono culture, with public interest law at its very heart.

Public interest law is not a traditional area of law. We define it as a way of using the law for the benefit of marginalised and disadvantaged people. It involves using litigation, law reform and legal education as tools of change. We have identified a profound need for legal assistance from organisations working with the marginalised and disadvantaged, and this is why our referral scheme is focused on filling the gap in this area.

Law firms of all sizes recognise and value the role PILA plays in facilitating and streamlining their pro bono work. NGOs engaged with marginalised and disadvantaged people have access to expert pro bono legal assistance through the PILA register. In turn barristers and solicitors have the satisfaction of using their legal skills to make a positive impact. Law schools and their students rely on our network and our valuable resources on pro bono, public interest law and public interest litigation. The facts, figures and achievements detailed in this Progress Report are concrete proof of growing interest in public interest law issues and pro bono generally.

Whatwe do Operations: The Pro Bono Referral Scheme

s

s

s

s

Organisation has a legal question/problem

Organisation contacts PILA

PILA finds a lawyer with relevant expertise PILA explains to the lawyer what the organisation needs

Lawyer works directly with organisation on the legal question/problems

PILA drafts a referral memo for the lawyer explaining what the organisation needs

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“ a priceless service has been offered to us, as we are struggling to keep our heads above water, in trying to keep food product flowing to the 80 charities who benefit from our work.”

“ …this can really work, private practice has a lot to offer the NGO sector.”

“ I am delighted to be involved with the programme. It’s so great being able to help clients in need without having to worry about the issue of fees.”

“PILA has provided us with the opportunity to take our legal advocacy all the way to litigation. This has not only benefitted Nasc clients but also has led to national policy change.”

“…we have found your service to be hugely important to our work this year — we literally couldn’t have achieved some of our goals without the support of PILA. The quality has always been very high and we have found multiple uses for the fantastic research and opinions provided. We are really grateful to PILA for all their support and to the volunteers who have given us their time and donated their expertise.”

Cross Care Northside Community Law Centre

Marriage EqualityNasc

PILA Pro Bono Register Lawyers

P Some things that lawyers and organisations we work with have said about PILA:

P Key numbers from 2009 to date:

“The conferences and pro bono referral scheme facilitated by PILA go a long way towards promoting Public Interest Law in Ireland. We are also hugely grateful for the important support that PILA has given to the establishment of the Limerick Community Law & Mediation Centre, the first Community Law Centre outside Dublin”

Over 170 legal advice and litigation support referrals made through the Pro Bono Referral Scheme

23 law reform working groups set up through the Pro Bono Referral Scheme

39 legal education sessions delivered through the Pro Bono Referral Scheme

220 individual lawyers and 14 law firms on the Pro Bono Register

769 NGO staff attended legal education sessions

Over 1800 readers of the PILA Bulletin

170

769

23

1800

39

220/14

Groundbreaking Collaboration between the Irish Refugee Council and A&L Goodbody

The issue: The Irish Refugee Council (IRC) Law Centre was piloting an early legal advice service for asylum seekers, and saw a place for pro bono assistance to increase the scope and impact of this service. Meanwhile, A&L Goodbody, one of Ireland’s leading law firms, was looking to expand their pro bono work.

What PILA did: PILA facilitated a collaboration between the IRC Law Centre and A&L Goodbody, whereby A&L Goodbody works on a pro bono basis to provide legal representation to applicants in the first stage of the asylum process. In mid-2013, 28 A&L Goodbody lawyers received bespoke refugee law training. This has been followed up with additional training on practice and procedure and ongoing shadow-ing and mentoring with the Law Centre team.

The result: This is a unique partnership that will help to address the unmet legal need of people in the early stages of an asylum applica-tion, and demonstrates a different model of legal service in this area.

What they said: “We at A&L Goodbody are delighted that this pro bono collaboration gives us an opportunity to work with the com-mitted team at the IRC Law Centre to help meet the need and make a difference to the lives of people whose flight from persecution has brought them to Ireland.” – Eamonn Conlon (Partner, A&L Goodbody)

“The collaboration is an excellent way for lawyers with very different skills and practice backgrounds to learn from each other and work together to increase access to justice for some of the most marginal-ised individuals in society.” – Jacqueline Kelly (Managing Solicitor, IRC Law Centre)

Legal Education Session: Women’s Aid

The issue: Women’s Aid asked PILA to help provide training for their support workers who would be assisting domestic violence victims prepare for court.

What PILA did: PILA organised a legal education session, presented by PILA Pro Bono Register barrister Eithne Reid O’Doherty BL. Women’s Aid staff were trained on Circuit Court procedures and family law in relation to domestic violence.

The result: The Women’s Aid team used the information from this session to support women calling the Women’s Aid Helpline, and to better support women who are using the court system.

What they said: “The legal training set up by PILA was excellent. They tailored it to meet our specific needs and matched us with a really suitable barrister with great knowledge of the family courts, and an understanding of our role (that of domestic violence advocates) within that. Our questions and more were all answered.” – Sinead Harrison (Services Manager, Women’s Aid)

Pro Bono Referral Scheme: Case Studies

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Law Reform Working Group: Victims’ Rights Alliance

The issue: Advocates for Victims of Homicide (AdVIC) asked PILA for legal assistance on the creation of a pilot scheme for a State-appointed Victim Liaison Officer Programme.

What PILA did: PILA set up a law reform working group, which was later joined by the Dublin Rape Crisis Centre (DRCC) and Support af-ter Homicide (SAH). The working group also developed a draft Victims of Crime Bill, and considered developments in EU victims’ rights and the Irish implementation of the Victims’ Rights Directive.

The result: AdVIC, DRCC and SAH have now established the Victim’s Rights Alliance, which was launched in November 2013, to lobby for the timely and effective implementation of the Directive.

What they said: “We were extremely happy with the response from PILA from the outset. The support they have given us has been wonderful and we are fortunate to have been put in touch with Maria McDonald BL, whose expertise and ongoing encouragement and professionalism is a really valuable asset to the group.” – Joan Deane (AdVic)

PILA-facilitated NGO Budget Response

The issue: After a PILA and Equality Budgeting Campaign roundtable for 15 NGOs on the issue of human rights and equality budgeting, the two bodies called on the greater NGO community to come together, on the UN International Day for the Eradication of Poverty, to respond collectively to Budget 2014.

What PILA did: PILA sent a survey out to 50 Irish NGOs, who re-corded their responses to budget proposals. The results were presented at a press conference and discussion forum. Speakers at the event included UCD’s Dr Liam Thornton who discussed human rights budg-eting; Louise Bayliss from the Campaign and PILA Pro Bono Register

barrister David Perry BL who spoke on legal framework of equality budgeting; and Independent TD Stephen Donnelly.

The result: 95% of participating NGOs stated their support for the introduction of equality budgeting and 80% supported human rights budgeting. The NGO Budget Response highlights the innovative and collaborative approach PILA takes in facilitating NGOs’ engagement with the political process and leveraging the law to positively impact the lives of the people they work with.

What they said: Various NGO stakeholders tweeted that the discus-sion forum “raise[d] some very thought-provoking issues”, “all present organisations need to work in solidarity for a #fairslice” and “this is the start of something special”.

Cross-organisational Legal Education Session: Garda Vetting

The issue: PILA identified that new Garda vetting legislation would impact a number of our NGO stakeholders.

What PILA did: PILA organised a cross-organisational legal educa-tion session, presented by Special Rapporteur on Child Protection Dr. Geoffrey Shannon. It was designed to provide an overview of the new legislation. It was attended by 38 NGO staff including frontline staff, policy staff, logistics and human resource employees. Participants asked a variety of questions about how the new vetting regime could impact their organisations’ existing policies and procedures.

The result: Feedback from the organisations stated that the session was extremely useful and relevant to their work, and as a result, they would investigate updating their policies and procedures.

What they said: “very clear & very informative”; “it is very valuable to have access to such expertise”; “extremely clear, very well presented and all questions answered clearly”.

Legal Advice Referral: TENI (Transgender Equality Network Ireland)

The issue: Ireland is the only country in the EU that makes no provi-sion for the legal recognition of transgender persons. On the foot of a successful case brought by Dr. Lydia Foy before the Irish courts, TENI and FLAC sought to address this inequality through the introduction of legislation.

What PILA did: PILA connected TENI and FLAC with David Dodd BL, a PILA Pro Bono Register barrister. They worked together to draft a private member’s Bill on gender recognition, which was subsequently proposed in the Seanad by Independent Senator Katherine Zappone.

The result: The Bill, together with the ongoing FLAC-supported Dr. Lydia Foy litigation, increased pressure on the Irish Government to publish an outline of potential gender recognition legislation. The referral was shortlisted for the 2013 PILnet European Partnership in the Public Interest Pro Bono Award. Dr Lydia Foy was also short-listed for ‘Campaigner of the Year’ at the European Diversity Awards in London.

What they said: “The collaboration with PILA, FLAC, David Dodd BL and Senator Katherine Zappone [was] a fantastic experience and a great opportunity for TENI. The individual expertise that each of us brought to the table created a strong foundation on which to build legislation. By building our knowledge we formed robust, rights-based legislation that sets a high bar for gender recognition in Europe. We were all strengthened by our partnership.” – Broden Giambrone (Director, TENI)

Law Reform Working Group: Inclusion Ireland

The issue: Inclusion Ireland asked PILA to help them get a legal opinion on the Assisted Decision Making (Capacity) Bill 2013.

What PILA did: PILA set up a law reform working group involving three PILA Pro Bono Register barristers: Colm O’Dwyer BL, Lorraine Lally BL and Bo McDowell BL.

The result: Inclusion Ireland used the barristers’ legal opinion to help inform its policy and campaign response to the Bill.

What they said: “The Assisted Decision Making (Capacity) Bill 2013 changes fundamentally how adults will be supported to make decisions. It is a complex and multifaceted piece of legislation. The assistance of the PILA working group in analysing the Bill’s provisions has been of significant assistance to Inclusion Ireland.” – Jim Winters (Advocacy and Rights Officer, Inclusion Ireland)

“[The working group was] a window into the suffering caused by the law on capacity which needs reform.” – Lorraine Lally BL

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Guiding Principles

It is clear from the project’s name that public interest law is the core focus of PILA’s work. Public interest law is a way of working with the law for the benefit of marginalised and disadvantaged people. It involves using litigation, law reform and legal education as tools of change. PILA is mandated to work with non-profit organisations that engage with marginalised and disadvantaged people and use the law to better promote their interests.

What this means on a day-to-day basis is that the PILA Pro Bono Referral Scheme must balance the demands of meeting our public in-terest law objective, with the wider interest and demand for pro bono legal services. Therefore, we only facilitate referrals for Irish organisa-tions with a public interest law focus who work to help marginalised and disadvantaged people in Ireland. Referrals that we take on simi-larly must benefit the wider interest, rather than simply improving the lot of one individual. Events PILA promotes the use of the law in the public interest more gener-ally through our regular legal practitioner and NGO-focused events. Popular seminars have been held on topics such as: the role of NGOs in public interest litigation; the EU Charter of Fundamental Rights; busi-ness, law and human rights; and equality & human rights budgeting. Speakers at these events have included prominent public interest law practitioners, international pro bono advocates and leading academics.

PILA has hosted two major conferences since June 2009, attended by hundreds of stakeholders. These conferences have examined public interest law developments from an all-island perspective, and have featured a range of international speakers. In March 2014, PILA will host its third conference featuring Justice Albie Sachs, formerly of South Africa’s Constitutional Court, as keynote speaker.

PILA convenes roundtables for NGOs on strategic public interest law issues. We bring together organisations to discuss, for example, the implications of a recent case or decide on a collective response to a recent change introduced by the government that is adversely affect-ing their clients. The issues usually emerge through PILA’s work with NGOs or from advice an NGO receives through the PILA Pro Bono Referral Scheme.

Information Services The PILA website is a hub for public interest law information in Ireland. It features extensive resources about the barriers to public interest litigation, legal education materials and general information about public interest law. It also provides detailed information of PILA’s day-to-day work, particularly the Pro Bono Referral Scheme.

We also publish the PILA Bulletin by email and on our website. Since 2007, FLAC, and later PILA, have published this fortnightly round-up of topical public interest law news. Readers regularly commend the Bulletin’s brief but well-researched articles and its precise legal in-sight. As of December 2013, the PILA Bulletin had over 1800 readers in Ireland and beyond.

New Law Centre for Children and Young People Another public interest law initiative that PILA has helped to progress is the creation of a Law Centre for Children and Young People that will advocate specifically for the rights of children and young people in Ireland. PILA has worked with a group of stakeholders – lawyers, NGO representatives, academics and activists – to make their collec-tive vision for this law centre a reality. Funding for the Law Centre was secured in 2012, which enabled the appointment of a Director and Project Officer. It is expected that the Law Centre will commence a specialist legal service and training programme for professionals advocating on behalf of children and young people in early 2014.

PILA aims to raise awareness around the barriers to public interest litigation in Ireland, and works to remove them. PILA has identified these barriers as: unavailability of class actions, the costs of litigation, mootness, the non-justiciability of socio-economic rights and the rules on standing. In 2010, PILA published a substantial report, The Costs Barrier & Protective Costs Orders. The report identified the main barriers in the Irish legal system, and examined in detail the position in other jurisdictions such as the United Kingdom and South Africa. The report remains the only comprehensive Irish resource on the issue of costs in relation to protective costs orders. PILA plans to launch an updated version of the report in early 2014. PILA’s research on costs was incorporated into FLAC’s submission on the Legal Services Regulation Bill 2011. One of the key recommendations of the FLAC submission is that the final legislation should allow for a protective costs order to be made in an appropriate public interest case. FLAC continues to engage with the Government and political representatives on this issue.

PILA monitors domestic and international developments in the areas of class actions, costs, mootness, socio-economic rights and standing. We provide useful, practical information to stakeholders on these topics by way of Bulletin articles, FAQs, case summaries and law summaries on the PILA website.

Removing the Barriers to Public Interest Litigation

Our Public Interest Law Focus

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PILA considers it extremely important for law schools – both aca-demics and students – to embrace public interest law. Lawyers have an ethical obligation to pursue the interests of justice and educators have a responsibility to their students and to wider society.

Irish law schools are doing this by teaching public interest law; by bringing a public interest law dimension to traditional legal subjects; and, increasingly, by offering clinical legal education programmes. Clinical legal education brings legal theory and law practice together. PILA believes that clinical legal education is at its best when pro-grammes have a public interest law component.

PILA supports and encourages the development of clinical legal education programmes in all Irish law schools. PILA’s work in this area is led by Larry Donnelly, Lecturer and Director of Clinical Legal Education at NUI Galway.

In 2009, PILA held the first roundtable discussion with interested staff of Irish third level and professional law schools. In April 2013, PILA and NUIG co-hosted a major conference, Developing Clinical

Legal Education in Ireland. This two-day conference featured a key-note address from Northumbria University clinical legal education expert Kevin Kerrigan, and presentations from a range of academic and NGO representatives. This conference also launched the Irish Clinical Legal Education Association, a collaborative group of academics working on clinical legal education issues. A clinical legal education discussion forum for stakeholders will be held as part of the 2014 PILA Conference.

PILA works with most third-level institutions in Ireland, includ-ing Dublin City University, Dublin Institute of Technology, Griffith College Dublin, National University of Ireland Galway, National University of Ireland Maynooth, Trinity College Dublin, University College Dublin, University of Limerick and University of Ulster.

Young Practitioner Development: Clinical Legal Education

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In addition to the organisations and institutions listed below, PILA works with over 220 individual solicitors and barristers.

Independent Law CentresBallymun Community Law CentreFLACImmigrant Council of IrelandIrish Refugee Council Law CentreIrish Traveller Movement Law CentreLaw Centre for Children & Young PeopleLimerick Law Centre Mercy Law Resource CentreNorthside Community Law Centre OrganisationsAction for EqualityActive Retirement IrelandADVICAdoption rightsAge ActionAkidwaAlzheimer Society of IrelandAmnesty International IrelandBarnardosCairdeCAN – Community Action NetworkChildren’s Rights AllianceCrosscareCrosscare Migrant ProjectCrosscare Refugee Centre (formally VRC)Crosscare Housing and Welfare Disability Federation Ireland Dominican Justice OfficeDoras Luimní

Dublin Rape Crisis CentreDublin Simon CommunityEuropean Anti Poverty NetworkEPICEquality and Rights AllianceEquality Budgeting CampaignFocus IrelandFuture Voices Ireland Greater Dublin Independent Living Inclusion IrelandIrish Advocacy NetworkIrish Association for the Social Integration of OffendersIrish Council for Civil LibertiesIrish Council for Social HousingIrish Hospice Foundation Irish National Organisation of the UnemployedIntegration CentreIrish Penal Reform TrustIrish Refugee CouncilIrish Traveller MovementIrish Society for the Prevention of Cruelty to ChildrenJustice for MagdalenesMayo Intercultural ActionMayo Community PlatformMarriage EqualityMental Health ReformMigrant Rights Centre of IrelandMS IrelandNascNational Women’s Council of IrelandOlder and BolderOne Family

OPENOuthousePavee PointPeter McVerry TrustRespond!RuhamaSimon Communities of IrelandSpirasiSpunout.ie St Vincent de PaulTENITerminations for Medical Reasons (TFMR)ThresholdTransparency InternationalTreoirWomen’s Aid Youth Work Ireland

Law FirmsA & L GoodbodyArthur CoxByrne WallaceEvershedsHayes SolicitorsKOD LyonsMaguire MuldoonMason, Hayes & CurranMcDowell PurcellPJ O’DriscollSheehan & PartnersSt JohnsWilliam FryWoulfe Murphy

Who We Work With

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FundingThe PILA Project was launched in 2009 as a result of the generous financial support of The Atlantic Philanthropies.

The Atlantic Philanthropies is an international philanthropic organisation that is dedicated to bringing about lasting change in the lives of disadvantaged and vulnerable people.

The Ireland Funds and One Foundation also generously supported the establishment of the Law Centre for Children and Young People, which is now operational having originated out of PILA.

Why PILA needs ongoing support and fundingThe PILA project provides a vital service to lawyers, NGOs, academics and law schools. This progress report has shown concrete evidence of the real difference that we have made since 2009 to our stakeholders and, more importantly, to people that they work for.

The funding environment in Ireland is becoming increasingly challeng-ing. As PILA prepares for a future with a far greater constraint on our resources, we want to continue to provide crucial pro bono matching, legal education, training and information services to our stakeholders.

To do this, however, we require new sources of funding to continue this important work.

PILA’s services are efficient, professional and effective – by leverag-ing the huge pro bono resource that exists within the legal profes-sion, we provide an exceptional social return on investment for our financial supports.

Please contact us if you would like more information about how an investment in PILA can make a big difference to the lives of margin-alised and disadvantaged people in Ireland.

The Support of FLACAlthough PILA was funded as a separate project, it has been fully incubated since launch within the offices of the long-standing human rights organisation, FLAC. This means that PILA has the great benefit of access to the staff and resources of this larger organisation.

PILA’s achievements to date simply would not have been possible without the expertise, hard work and support of current and former FLAC and PILA staff and interns, not limited to but including:

Who Funds & Supports PILA?

Amina AdananStephanie BehanNoeline BlackwellSaoirse BradyEmer ButlerEmma CassidyCaitriona DePaorLarry DonnellyMichael FarrellSarah FarrellyLaura FeelyCiara FlatleyCatherine HickeyThomas E. HudsonJo KennySinead MaddenEmma McCarron

Peter McKennaLouise MitchellLianne MurphyAoife O’BrienDearbhaile O’BrienCaoimhín Ó MadagáinTony O’RiordanMaeve ReganEamonn TanseyEdel QuinnKirsty Watterson-BrownYvonne Woods

PILA Progress Report 2009–2013

ISBN: 1873532253 © FLAC, December 2013.

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Photos courtesy of Derek Speirs, PILA, FLAC and Fennell Photography.

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