Fintan Warfield (Sinn Fein)
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The Housing Commission has completed its work on a referendum in respect of housing. I commend the work of the commission. I tabled this matter to give the Minister and the Government an opportunity to discuss the right to housing being enshrined in the Constitution, which the Seanad supported by way of a motion earlier this term. Often, Private Members' referendum Bills in the Dáil from Sinn Féin and others have been defeated by Fianna Fáil and Fine Gael. I understand that a majority report of the Housing Commission was delivered to the Minister in September and that a minority report representing the dissenting views of two members of the commission was delivered in November. Will the Minister of State please outline why there has been such a delay in publishing the report? Can he offer a timeframe for its publication? Will he confirm that it is indeed a recommendation of the Housing Commission to insert a right to housing into the Constitution?

Peter Burke (Longford-Westmeath, Fine Gael)
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I want to convey the apologies of the Minister for housing to the Senator.

In line with programme for Government commitments, the Minister for Housing Local Government and Heritage established the Commission on Housing in December 2021 as an independent body to examine and evaluate Ireland's housing system, including issues such as tenure, standards, sustainability and quality-of-life issues in the provision of housing. At the same time, the Minister also tasked the commission to advise the Government, in an independent and objective manner, on the critical factors to be considered regarding a referendum on housing and, if appropriate, to recommend wording for a constitutional change. Importantly, the commission was not tasked with considering a constitutional change vis-à-vis a right to housing. However, this was not precluded by the commission’s terms of reference.

The commission’s official referendum report was submitted to the Minister last summer. It sets out recommendations regarding a proposed constitutional amendment on housing. In reaching its conclusions, the commission examined, among other things, the range of complex constitutional questions arising. It undertook a comprehensive consultation, researched international experience, evaluated various proposed wordings and considered other critical factors involved with introducing an amendment to the Constitution. At this time, the Minister was also advised by the chair of the Housing Commission that a minority referendum report would likely be submitted by a smaller group of members, reflecting an alternative view to that presented in the commission’s official referendum report. Unfortunately, this minority report was not received until mid-November.

Given the expectation at that time that the commission would report imminently on its broader examination and evaluation of the Irish housing system, a decision was taken to delay bringing the commission’s official and minority referendum reports to Government, and to bring all three reports to Government at the same time.Unfortunately, submission of the commission's broader report to the Minister has been significantly delayed in the meantime, though it is expected to be submitted to the Minister in the coming weeks. Once received, and following due consideration given by the Minister, he plans to bring the commission’s official and minority reports to the Government shortly thereafter. The Minister will outline the proposed next steps vis-à-vis the holding of a referendum at that stage. However, it is not a straightforward matter of accepting the commission’s report and simply scheduling a referendum. The range of issues at play, including the scheduling of a referendum, require careful examination before a definitive direction of travel is agreed. Regard must also be had to the need for a referendum in the first instance, as well as the scale and complexity of work required to consider implications of any agreed amendment to develop policy proposals for Government approval and to conclude the parliamentary process and referendum campaign. Ultimately, the holding of a referendum on housing will be a matter for the Government to decide.

Fintan Warfield (Sinn Fein)
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I am somewhat confused. My understanding was that two reports had been furnished to the Government but I will bring the response away and consider it further. Back in early November, the Minister, Deputy O'Brien, said he expected in quite a short space of time to be able to bring a report and recommendations to Cabinet. The Acting Chair is a member of the housing committee. I am sure members of that committee are also keen to see the report. As my colleague, Deputy Ó Broin, has said in the Dáil, we hope it is not the intention to refer the report to the joint Oireachtas committee because that would be a terrible waste of time. The committee has considered the issue and a majority of its members are also on record as supporting a referendum. I disagree, however. The Minister and the Department should draft legislation and then allow the joint Oireachtas committee to scrutinise that legislation. We should enshrine the right to secure appropriate and affordable housing in the foundational law - the constitutional law - of the State. People should be given an opportunity to decide that and if they want the status quo in housing to remain or to finally move on from a broken housing system.

Peter Burke (Longford-Westmeath, Fine Gael)
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It is a Government policy to hold a referendum on housing and, to this end, the Housing Commission was tasked with examining and reporting on a referendum on housing. As I said, the commission submitted its official referendum report to the Minister for housing last summer, with a minority referendum report submitted some considerable time later in November. While the delay is regrettable, the Minister hopes to bring both referendum reports to Government, together with the commission's broader report on recommendations, to the housing system once the latter is received in the coming weeks.

That said, it is clear from the commission's comprehensive analysis that there are complex matters to be considered. The matter is made no less complex with the submission of the minority report and alternative views expressed by certain commission members. However, given the importance of the matter and the significant public interest in it, the opportunity the minority report affords for a fully informed consideration on the complex policy and legal issues arising is welcomed. While it will be a matter for the Government to decide, the Minister also considers the joint Oireachtas committee will have an important role in this regard and believes how we move forward on the matter from here is something which should be agreed with the committee members.