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FLAC demands action on UN legal-aid calls

FLAC, which campaigns for improved access to justice, has called on the Department of Justice to begin a review of the civil legal-aid system, after the State accepted recommendations on the issue made by a United Nations (UN) report.

In a statement, the group said that Ireland had accepted more than 200 recommendations arising from a periodic review of its human-rights record carried out by the United Nations Human Rights Council – including four linked to the civil legal-aid system.

The Department of Justice has already committed itself to reviewing the scheme, but FLAC said the department had yet to provide any details on the nature, scope and timing of the process.

Last year, more than 40 non-governmental organisations (NGOs) joined FLAC in calling for that review to be independent, comprehensive, inclusive, and based on human-rights and equality standards.

‘Comprehensive and independent’ review

FLAC chief executive Eilis Barry (main picture) welcomed the State’s acceptance of the UN recommendations – particularly the commitment to a “comprehensive and independent” review of the scheme, and to broadening efforts to ensure that vulnerable groups could “fully access justice”.

The four recommendations made to Ireland by the UN group on legal aid were:

• Undertake a comprehensive and independent review of the legal-aid system for civil cases and ensure equal treatment before the courts,
• Continue its efforts and consider reform measures related to the legal-aid system to ensure improved legal-aid schemes, particularly for low-income groups,
• Broaden efforts to increase legal and financial aid in enabling the vulnerable, migrants, and asylum-seekers to fully access justice, and addressing their social-welfare and equality issues,
• Review its civil legal-aid system, and put into place a mechanism to ensure that disadvantaged and marginalised individuals and groups benefit from better access to the law.

The State also accepted recommendations on the promotion of equality – including for vulnerable groups such as Travellers and Roma – and the elimination of discrimination and racism.

‘Insidious’ discrimination

“Regrettably, the State has declined to accept several recommendations that call for the introduction of legislation prohibiting racial profiling by an Garda Síochána (AGS),” FLAC said.

The group added that it had “repeatedly” highlighted allegations of discriminatory profiling of Travellers by AGS.

It has called for legislative measures that would allow individuals, or groups representing their interests, to make complaints through the Workplace Relations Commission in relation to discrimination, including discriminatory profiling, that would allow for such allegations to be investigated and remedied independently.

FLAC’s managing solicitor Sinéad Lucey (small picture) described racial profiling as an “insidious form of discrimination”, and urged the State to “urgently reverse” its position on the UN recommendations.