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MAJOR CONFERENCE
Scottish Association of Law Centres (SALC)
Rights into reality
There is a vast raft of legal rights (and responsibilities) in Scotland.
Does the law provide adequate remedies in practice?
Monday 29th November 2003
Venue: Logie Baird Suite, Quality Hotel Central, 99 Gordon Street, Glasgow
Cost: £40 (Concessionary cost places £25)
There is scant evidence that Britain has anything like a US style
compensation culture yet we seem to be surrounded by an anti-lawyer
campaign which only occasionally is interrupted by the realisation
that, for example, bereaved relatives in the UK often get no more
than a few thousand pounds whilst tens of thousands of medical
accidents go uninvestigated far less uncompensated. Indeed the
numbers of claims for compensation both in Scotland and in the UK as
a whole seem to be falling. By international standards the
British compensation bill is still low, well under a third of that of
the US and Italy and half that of Germany (prorata). The belief
that individuals are rushing to lawyers is erroneous - particularly
in Scotland.
We in Scotland have a number of highly progressive codes of law:
defending eviction (particular for rent arrears), homelessness, debt,
mental health and child law, employment and anti-discrimination are
all as good as anywhere in Europe or common law countries. Yet
take up of cases is patchy.
Only a negligible number of those who suffer negligent medical
injuries claim or get compensation, still fewer of those suffering
from mental health problems take up remedies. In most courts
most of the time, save where law centres are active, tenants do not
get representation and if they do it does not run to a full
defence. It is common place for workers at Employment Tribunals
to have no professional nor lay representation whilst their employer
is afforded the cream of the legal profession (if not double cream:
advocate and solicitor). Scottish Refugee Council research
shows that at, best, representation for asylum seekers is a jumble.
More strategically, Scotland has a human rights constitution in many
respects well in advance of most of the rest of the UK.
Scotland could develop a human rights culture, and of course rights
always entail duties. Why has it not done so?.
The Scottish Association of Law Centres Annual Conference aims to
promote discussion of how to get remedies to those who need
them. This will entail summarising substantive law as well as
what is happening in practice contrasted with what should and could happen.
There is no doubt that one of the fundamental benefits of our form of
society are individual rights and the respect that flows from
them. Yet, in many fields, "bully boy" tactics,
authoritarian behaviour and discriminatory attitudes and actions as
well as sheer "cost shifting" from the powerful to the
powerless are left unexamined by the law and the legal system.
Law Centres are aware that many people in Scotland, if not the
majority, are concerned to tackle exclusion and disadvantage.
This conference is an opportunity to discuss how the law may be used
to achieve this. The law, here, of course, does not just mean
lawyers: all those concerned by it need to be involved in this debate
whether they be community organisations, consumers, victims groups,
law advisors, trade unionists, policy makers, tenants association
members, advocates, judges, elected representatives or academics.
Organised by Scottish Association of Law Centres (Bookings to
Legal Services Agency)
Sponsored by SALC, the Faculty of Advocates, & The Law Society
of Scotland.
MAJOR CONFERENCE FOR SCOTTISH ASSOCIATION OF LAW CENTRES
Rights Into Reality
PROGRAMME
9.30 - 10.00Registration and coffee
10.00 - 10.15Introduction: What we hope can be achieved by this
conference? Why we need lawyers and rights workers. Paul
Brown, Principal Solicitor, Legal Services Agency
10.15 - 10.45Keynote speaker: Simon
Collins, Advocate: Human Rights into Reality: a review of
what has been achieved in the UK in human rights law since the Human
Rights Act came into force. What does the future hold?.
10.45 - 11.00Questions and Discussion
11.00 - 11.15Mental Health Law Reform: by April 2005 a whole new
structure for dealing with mental health disputes will be introduced
including Tribunals. What is proposed, how are the Tribunals
likely to operate in practice and who will represent who?.
Presentation by Ronnie Franks, LSA's
Mental Health Legal Representation Project
11.15 - 11.30Homelessness: Scotland has "the most
progressive" law in Europe but among the highest number of
homeless persons with a number of very hot, hot spots. How is
the law operating in practice?. Presentation by Mike
Dailly, Principal Solicitor, Govan Law Centre, Secretary of SALC
11.30 - 11.45Tea/Coffee
11.45 - 12.00Debt Law has been transformed and 2004 to 2005 will see
the introduction of debt payment plans: what are the issues?.
Presentation by Jim Gray,
formerly Principal Solicitor, Drumchapel Law & Money Advice Centre
12.00 - 12.15Asylum Law and Practice have never been out of the news:
lawyers have been much vilified. Is this fair?. What is
the role of law centres and what quality controls should be in
place?. Presentation by Joe Bryce,
LSA's Refugee Legal Project
12.15 - 12.30Education Law is about to be the subject of major
legislative reforms including the abolition of Records of Needs and
the introduction of Additional Support Needs Tribunals for
Scotland. Presentation by Iain
Nisbet, Govan Law Centre
12.30 - 12.45Children's Rights and Children's Hearings: much
controversy has led to an Executive Review. What are the legal
services issues arising?. Presentation by Fiona
Miller, Principal Solicitor, Scottish Child Law Centre
12.45 - 1.00Defending Eviction: the theme of last years
Conference, what has happened since and what remains as issue?.
Presentation by Adrian Stalker,
Principal Solicitor, Shelter Scottish Housing Law Service
1.00 - 2.00Lunch (not provided)
2.00 - 2.15Anti-social Behaviour: years of controversy has led
to legal reform. What is the current state of the law and what
are the social welfare law issues?. Presentation by
Derek O'Carroll, Advocate
2.15 - 2.30Stock Transfer: is Glasgow a basket case?.
There has been a massive stock transfer in Glasgow and another is in
prospect in Edinburgh. What are the issues for communities both
as regards protecting the most vulnerable and of the governance of
the new housing organisations?. Presentation by Dr.
Mary Taylor, University of Stirling
2.30 - 4.00WORKSHOPS
Each of the above speakers will run a workshop on their topic in more
detail. There will be another 6 workshops too.
4.00 - 4.30Plenary session: Panel discussion on the review of
legal services.
The discussion will be introduced by Marieke
Dwarshuis who is leading the Scottish Executive Review.
The Panel Members will consist of representatives
of community law centres and Loretta
Gaffney, Manager, Easterhouse Citizens Advice Bureau, Chris Orr,
Glasgow City Council, Welfare Rights Officer. The
discussion will be chaired by Paul
Brown, Principal Solicitor, Legal Services Agency.
The workshops are designed to be participatory
WORKSHOPS - 2.30 - 4.00
1. Human Rights: Simon Collins, Advocate. Scotland
has been influenced markedly by human rights reforms and some
organisations have gone through a major cultural change. This
is aside from test cases as such. Simon Collins will lead a
discussion of what has been achieved and where human rights law is going.
2. Mental Health Law Reform: Ronnie Franks, LSA's Mental
Health Legal Representation Project. Mental health law has
changed significantly and is about to go through its most dramatic
change for a generation. What are the new structures and in
what circumstances is advocacy required? What are the legal complications?
3. Preventing Homelessness: Scotland has "the most
progressive" homeless law in Europe but among the highest number
of homeless persons: Mike Dailly, Principal Solicitor, Govan Law Centre
4. Debt Law: Jim Gray, formerly Principal Solicitor,
Drumchapel Law & Money Advice Centre. This area has been
the subject of unprecedented political attention. We now have a
whole new raft of protections. When are they coming into
force? Who is out there, doing what?
5. Asylum Law and Practice: Joe Bryce, LSA's Refugee
Legal Project. Asylum law is among the most complex codes
involving exhaustive time limits and highly complex law and
fact. Asylum seekers themselves are very vulnerable. What
sort of provision should be made and how should the debate develop?
6. Education Law: Iain Nisbet, Govan Law Centre.
Getting the right education could hardly be more important for
children and still more important for vulnerable children.
Education Law is complex and new remedies are coming on stream.
7. Children's Rights and Children's Hearings: Fiona
Miller, Principal Solicitor, Scottish Child Law Centre.
Children of course have active rights in some respect comparable to
those of adults. They also have the fundamental right to be
protected. How does the system handle this, what advocacy is
required and what changes are necessary?
8. Defending Eviction: Adrian Stalker, Principal
Solicitor, Shelter Scottish Housing Law Service. Up to 100,000
tenants and their families are threatened with homelessness each year
as a result of court action: around 20,000 to 30,000 actually become
homeless. What are the legal structures for protecting tenants
and how can their rights be made real?
9. Anti-social Behaviour: Derek O'Carroll,
Advocate. Anti-social behaviour has been subject to the
introduction of many new remedies culminating in the recent Act which
affects housing law, criminal law, the children's hearing system to
name but a few. Virtually all practitioners need to be familiar
with the many remedies and procedures.
10. Stock Transfer: Dr. Mary Taylor, University of
Stirling. Stock transfer fundamentally shifts the form of
provision of housing. Homeless accommodation will increasingly
be provided by registered social landlords and not local
authorities. Democratic accountability will be through RSL
structures rather than Councillors. Stringent financial targets
may affect rent arrears policies.
11. Dealing with Rent Arrears & the Holistic
Approach: Peter Kinghorn, Principal Solicitor, Dundee North Law
Centre. Dundee is an area of high stress as regards eviction
activity. A holistic approach involves both defending tenants
as well as maximising their benefits, helping them manage their money
to pay rent arrears.
12. New Discrimination Laws: Race, Religion and Sexual
Orientation: Rosie Sorrell, Principal Solicitor, Ethnic Minorities
Law Centre. Discrimination has come from being a "add
on" to employment law to a major new set of remedies for
individuals who may be wholly or partly excluded. The remedies
are hardly pursued at all in Scotland: what can be done about it?
13. Victims of Domestic Abuse: are the current remedies
effective: Jacqueline Doyle, East End Community Law Centre
14. Immigration with an overview of work permits: Damir
Duheric and Kirsty Gemmell, Ethnic Minorities Law Centre, Part V
Project, Scottish Legal Aid Board. Immigration law is an area
long neglected in Scotland. Executive policy is however to
encourage it!
15. Rights and Remedies in relation to Adults with Incapacity:
Helen McGinty, LSA's Mental Health Legal Representation Project
ABOUT SALC
Scottish Association of Law Centres is the representative
organisation of all Scotland's community and user controlled law
centres. Membership includes eight law centres with six
associates. It enables centres to work together to:
· Promote understanding of the work of area and issue based law centre
· Generate a better understanding of the need for more secure
funding and more development of law centres in Scotland
· To promote the "Value for Money" delivered by law centres
· Highlight the range and extent of unmet legal need in Scotland
· Work with key partners such as local authorities, Scottish
Executive, Scottish Legal Aid Board, voluntary and community
organisations to develop law centres in Scotland
· Contact SALC about it work (although not about this
conference) through its Secretary, Mike Dailly, Principal Solicitor,
Govan Law Centre, 47 Burleigh Street, Govan, Glasgow, G51 3LB, 0141
440 2503, email: mail@govanlc.com
Rights into reality
CONFERENCE BOOKING FORM
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Cost: £40.00 (Concessionary cost places £25.00). Note
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Please make cheques payable to Legal Services Agency Ltd. and post to
Legal Services Agency Ltd., 3rd Floor, Fleming House, 134 Renfrew
Street, Glasgow, G3 6ST, DX GW12
In the case of multiple bookings it would be helpful to list names of
the delegates attending the seminar.
All bookings will be acknowledged to the address given on the booking
form unless otherwise indicated.
Please direct all enquiries regarding seminars to Susan Clark,
Seminar Administrator at Legal Services Agency Ltd., 3rd Floor,
Fleming House, 134 Renfrew Street, Glasgow, G3 6ST, DX GW12
Tel 0141 353 3354 Fax 0141 353 0354 Email lsa@fleminghouse.fsbusiness.co.uk
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