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69771. CHY 6359. Rose Wall, Community Law & Mediation. Declan Cahill, Gerry Donnelly, Paul Rogers. John Dunne, Gerard Durcan S.C., Diane Duggan BL, Catherine Ghent, Ronan Farren and Debby Maguire.
Company Registration No: Charity Registration No:
CEO: Community Directors: Co-opted Directors:
Northside Civic Centre, Bunratty Road, Coolock, Dublin 17
T (01) 847 7804 F (01) 847 7563 E [email protected] W www.communitylawandmediation.ie
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Michael McNamara TD Chair
Special Committee on Covid-19 Response Leinster House
Kildare St Dublin 2
D02 XR20
16 July 2020
Dear Deputy McNamara, and Members,
To introduce myself - my name is Rose Wall and I am the CEO of Community Law & Mediation, an independent community law centre and charity based in Dublin (Coolock) and Limerick. We have been providing free legal advice, advocacy and mediation services to people living in disadvantaged communities for more than 45 years. Our services are supported by the Law Society and the Bar of Ireland.
Since the Covid-19 crisis, our services have been beyond capacity, with huge demand for advice and support in relation to employment, housing and family issues in particular. Employment rights issues have represented by far the largest demand (160% increase in consultations). We have been receiving calls from concerned workers across a wide range of sectors, most of whom cannot afford solicitors and more worryingly, under the current Civil Legal Aid Scheme, do not have access to legal aid for employment cases before the Workplace Relations Commission. Many of these workers are not members of unions.
We expect that this situation will intensify in the coming months as employers and employees deal with the ongoing situation presented by Covid-19. Employment rights matter, and we ask that the Committee consider examining this issue, with a view to making the urgent reforms needed to break down barriers which place access to justice and our labour relations services beyond the reach of many.
One very important step would be to extend legal aid, under the Civil Legal Aid Scheme, to employment law and equality disputes so that everyone has an equal opportunity to vindicate their rights in this area. The table provided below outlines 4 key priorities for reform of the Civil Legal Aid Scheme.
Many thanks for taking the time to read this. We would be delighted to present further on this to the Committee should an opportunity arise.
Yours sincerely,
Rose Wall CEO
SCC19R-R-0519 D
69771. CHY 6359. Rose Wall, Community Law & Mediation. Declan Cahill, Gerry Donnelly, Paul Rogers. John Dunne, Gerard Durcan S.C., Diane Duggan BL, Catherine Ghent, Ronan Farren and Debby Maguire.
Company Registration No: Charity Registration No:
CEO: Community Directors: Co-opted Directors:
Breakdown of proposed reforms to the Civil Legal Aid Scheme.
1. Remove the statutory limitations of the existing Scheme.
So that people can access legal aid in all areas of law, including appeals before the
Workplace Relations Commission or the Social Welfare Appeals Office. For example, a
person experiencing discrimination in the workplace cannot currently apply for legal aid
for employment and equality cases before the Workplace Relations Commission.
2. Make the financial means test to access legal aid more inclusive.
The existing means test is overly strict and out of touch with the reality of the cost of
living, with the result that people on low incomes, who cannot afford a solicitor, are
denied legal aid.
3. Ensure the Legal Aid Board is adequately resourced.
So that waiting times to access legal aid are reduced. Waiting times for a first
consultation can be an average of 38 weeks in some parts of the country. This is simply
too long to wait and can cause issues for those seeking legal remedies with strict time
limits such as Judicial Review, which has an effective time limit of three months.
4. Reform the model of civil legal aid.
So that stronger links can be developed with disadvantaged communities through
education in relation to rights and through campaigns for law reform on issues affecting
those communities.
SCC19R-R-0519 D
69771. CHY 6359. Rose Wall, Community Law & Mediation. Declan Cahill, Gerry Donnelly, Paul Rogers. John Dunne, Gerard Durcan S.C., Diane Duggan BL, Catherine Ghent, Ronan Farren and Debby Maguire.
Company Registration No: Charity Registration No:
CEO: Community Directors: Co-opted Directors:
SCC19R-R-0519 D