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Submission to Legal Aid Board

Submission to Legal Aid Board's Corporate Plan

Travellers are one of the most marginalised groups in Irish society. They are regarded with suspicion at worst and indifference at best by the general population. Through its work ITM has documented discrimination and racism suffered by Travellers in many areas, including accommodation, education, and access to goods and services, and even certain legislative measures that specifically target Travellers either explicitly or in their impact. ITM has campaigned to achieve equality for Travellers over the last fifteen years, and although there have been gains, particularly in relation to the introduction of equality legislation that specifically prohibits discrimination against Travellers, nonetheless there is still far more that has to be done.

ITM believes that one of the ways that Travellers will achieve meaningful equality is through access to quality legal services that would empower Travellers to address their marginalised position. Of course litigation alone will never address all the problems that Travellers experience, but it could, in tandem with other initiatives make a very significant contribution.

Access to Civil Legal Aid services

Interpretation of exclusions

It is the unfortunate reality that while there are a number of Travellers in Ireland that are prosperous and successful in business, generally on a self employed basis, there are many more that are dependent on social welfare. Travellers have low levels of attainment in education, and this inhibits many Travellers from accessing employment. Even where Travellers deal in horses or scrap, the level of income generated from these activities, and the poor infrastructure to support them, means that they are not economically viable. As a result most Travellers have difficulty affording legal services.

The Legal Aid Board provides legal services to those on modest incomes. Therefore Travellers should be recognised as part of the constituency the LAB is there to serve.

Exclusions

The Civil Legal Aid Act is the enabling legislation that sets out the parameters for the provision of LAB services. In this regard one of the main concerns of ITM is that section 28 (9) (ii) appears to be interpreted by the Board as excluding Travellers who are living on unauthorised encampments, on public land from legal representation under the Civil Legal Aid Act 1995. Such a restrictive and over formal interpretation means that Traveller families may be excluded from legal representation in cases where they face possible homelessness and criminal prosecution simply because they have nowhere to camp.

It is the experience of ITMLU that in the vast majority of cases where an eviction is threatened, the real issue is the lack of appropriate accommodation for Travellers. In fact what may appear to be a dispute in relation to land, is more likely to be a housing case. Where a local authority has failed to comply with its duties to provide accommodation for Travellers then they may be amenable to Judicial Review where they attempt to move on such families. Judicial Review is seen as part of the functions of the LAB, and so Travellers are being excluded inappropriately from the LAB services, simply because superficially a dispute may appear to be in relation to land.

Licensing matters and Tribunal work

Since the change of jurisdiction from the Equality Tribunal to the District court for Equal Status cases relating to licensed premises, the number of Travellers taking cases has reduced significantly. The ITM understands that this is due to the financial barriers Travellers now face in having legal representation at the court. This is a serious barrier for Travellers seeking to utilise the Equal Status Legislation. Even in successful cases, awards can be quite low and costs may not be awarded. When costs are awarded against the financial costs are too prohibiting for the majority of Travellers.

Likewise in Tribunal cases Travellers are afforded the right to have representation. Often this is a person not legally trained. The respondent will usually have professional legal representation. The ITM believes that many cases could be better argued if Travellers had access to legal representation.

Therefore, LAB should consider including the Tribunal cases and Equal Status cases in the District Courts as part of their remit.

Consistency

LAB should issue clear guidelines, in lay persons language that would enable potential users of their service determine whether they are eligible. This is good practice for any public service, but would also ensure that there is consistency in the service provided in law centres across the country. ITM s aware that some law centres would encourage Travellers to avail of their services while others do not.

Outreach work

Local groups & ITMLU. There is a strong infrastructure of Traveller groups across Ireland. In any centre where legal aid is offered there will always be a local Traveller group in the same area. It is important that vulnerable groups that suffer discrimination, poverty and social exclusion in general are able to access legal services. This may mean that the LAB should consider more diverse ways of delivering their services to those groups, and local support organisations can offer that link with Travellers living in the locality.

ITMLU is a valuable resource that is available to the LAB, to provide information, support, and expertise in relation to the legal issues facing Travellers. Formal link should be created. The LAB should be working with the Independent Law Centres Network, to develop the understanding of the link between social exclusion and access to legal services, and examine ways in which the statutory and independent law centres can address those issues of marginalisation, poverty, health, education etc.

Training and awareness.

Staff in legal aid centres should be trained in cultural awareness so that they meet the needs of diverse groups such as Travellers in an appropriate and informed manner. Issues such as poor literacy and communication skills should be accommodated. Processes in applying for legal aid should be as simple and straight forward as possible to ensure equity of access to the services for all.

Monitoring

It is important for legal aid centres to assess whether they are meeting the needs of all those on modest incomes. This means monitoring the use of the centres by different groups such as Travellers. This does not need to be done invasively, but can be done in a sensitive manner. Monitoring should also extend to the types of cases that are being taken on, and the areas of law where help is required. This would show any trend in legal issues that would inform policies in relation to law reform.

Sensitivity to Traveller background/ culture

Means test

Refer to FLAC document, and the manner in which potential clients are assessed. Also refer to FLAC Document in relation to the cost of taking a case.

Undue concern with waiting lists at the expense of ensuring a wide coverage

Due to the recent focus on the length of waiting list it is recognised that the LAB has been concentrating its resources on reducing waiting lists. While this is understandable, it should in no way detract from the fact that the LAB has become largely identified with family law, since its inception, but this does not reflect the stated aim of the LAB to provide legal services to those of modest means, which would include Travellers and the particular areas of law that have been identified as impacting disproportionately on that community.

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