Focus Ireland: Increase to Rent Supplement

The issue:
Focus Ireland provides a range of services to people for whom access to adequate rent supplement is a crucial determinant in either avoiding homelessness or exiting from it. Focus Ireland has advocated over a number of years for an increase in the payment to meet market rents.

Following a review of the scheme, the Department of Social Protection made a decision not to increase rent supplement rates. Focus Ireland sought legal advice as to whether the Department was acting outside its legal remit in failing to give adequate priority to the objectives of the rent supplement scheme as set down in legislation

What PILA did:
PILA connected Focus Ireland with Arthur Cox solicitors who prepared written advices on the powers of the Department for Social Protection under the Social Welfare Consolidation Act, 2005.

The result:
The advice found that the Act did not prevent the Department from having regard to economic considerations when deciding whether to increase rent limits and that any challenge to this decision would have limited chance of success. The advice did, however, suggest alternative actions that could be taken to inform the next steps in the campaign.

In June 2016, it was announced that rent supplement and the housing assistance payment were to be increased to provide extra financial assistance payment to those who cannot afford the full cost of private rented accommodation. It took effect from 1 July 2016.

Focus Ireland welcomed the move to increase rent supplement as a very positive step, however highlighted that it is just one short-term measure to help tackle the housing crisis and not the full solution. It advised that increasing rent supplement must be part of an overall package to address the crisis, which sees over 6,000 people without a home.

MRCI: Au Pairs and the Labour of Love Campaign

The issue:
The Migrants Rights Centre Ireland (MRCI) carried out research that drew attention to the widespread underpayment, exploitation and abuse of au pairs. In devising its campaign strategy, MRCI sought clarification of the employment status of au pairs in Ireland.

What PILA did:
PILA facilitated legal advice on the applicable legal framework in relation to au pair employment and au pair employment agencies. In looking at the issue, pro bono barrister Cathy Smith BL, was of the opinion that while au pairs were protected by minimum wage legislation, few were aware of their employment rights.

The result:
MRCI launched the ‘Labour of Love’ campaign calling for the recognition of the employment rights of au pairs, including the right to minimum wage. This advice also allowed MRCI support a case before the Workplace Relations Commission, which led to a positive ‘landmark’ decision.

Aoife Smith co-ordinator of the MRCI’s Domestic Workers Action Group explained that, ‘the legal opinion gave us credible evidence which supported MRCI’s casework and grassroots campaign work with migrant women employed in the private home sector as childminders and au pairs. PILA’s services in this regard are invaluable to community groups and NGOs such as MRCI who can access expert legal counsel on issues central to progressing social justice work’.

Nasc: Garda Powers and Begging

The issue:
Through its legal advice clinics, Nasc had become aware of increasing levels of prosecution for begging of members of the Roma community in Cork City Centre. Given the growing complexity of queries coming through the clinics, Nasc approached PILA for clarification on what constituted legal and illegal begging, and on the powers of Gardaí to arrest and charge a person with begging.

What PILA did:
PILA connected Nasc with David Rickard BL who provided a pro bono opinion on the Criminal Justice (Public Order) Act 2011 which, rather than providing clear-cut guidelines, raised several areas of confusion.

The result:
For Nasc’s Legal Service Manager, Fiona Hurly, “PILA has been a hugely important resource for Nasc over the last few years and we were delighted with the opportunity to work with David Rickard BL. We were really impressed with the extremely detailed and thorough analysis of the law that David carried out for us as well as the practical suggestions he provided for those arrested on begging charges. The advices will inform Nasc’s work with the Roma community over the coming months and we to incorporate the information into training sessions for members of the Roma Community.”

According to David, “while challenging, this was a worthwhile project involving considerable research. Generally the law in this area remains little tested. Doing pro bono work, such as this, enables me to become involved in very worthwhile work by utilising my own time, resources and experience and [I] will continue to do so.”

The Alzheimer Society of Ireland: Voting Rights and Dementia

The issue:
In the lead up to the 2016 General Election, through its national helpline, the Alzheimer Society of Ireland (ASI) received a number of queries regarding whether a person’s right to vote can be affected by a diagnosis of dementia.

What PILA did:
PILA linked ASI in with Patrick McCann SC who considered a number of questions as to whether legally a person’s right to vote can be restricted as a result of dementia.

The result:
The advice found that the presumption is that a person has capacity to vote unless shown otherwise. A person with a diagnosis of dementia does not lose their right to vote, but it may be restricted if at the time of voting that person cannot understand in broad terms the nature and effect of the voting, and is unable to choose between candidates.

The legal advice provided clarity for advocacy and helpline staff within ASI, and was shared through the ASI’s Facebook page which has over 40,000 followers. It will also be used to advise people with dementia and family carers of their rights in advance of future elections.

ASI believes “the Pro Bono Scheme is a fantastic resource for NGOs. The referral process is clear and efficient. The legal opinion provided on this occasion was excellent. Counsel was extremely helpful and had a clear understanding of the organisation’s needs.”