Fergus O'Dowd (Louth, Fine Gael) | Oireachtas source

I was at the launch last week and was very impressed. I think a constitutional right would be effective in an extreme case. For example, Travellers are to be evicted from a so-called illegal site in Dundalk today.

It would provide grounds for a legal appeal or place new or extra obligations on local authorities to ensure that if and when it comes to that stage, they must have exhausted all of the other possibilities. If there was a court case, they would be required to enumerate and outline what they had actually tried to do. Decisions in cases where there was no alternative to eviction would require those making the decision to evict to carry out due diligence and give all due consideration to the decision in terms of consultation with community welfare officers and local authorities. That is the strength I see in such a right.

At the same time, if it was clear that a person was having parties 24-7 and behaving in an antisocial fashion in housing estates, there would have to be a requirement that such people would behave reasonably. People could not behave unreasonably, such as selling drugs or whatever. There are issues which would mean that nothing would be absolute. The key point in selling this would be to enumerate the areas around it in order to clear up issues. A person with a reasonable income may refuse to pay rent. I am thinking in particular of antisocial behaviour, which is a major issue in my area.

Previous speakers referred to those with significant medical problems. If I, having had a stroke, lived in a house where the toilet and bathroom were upstairs, I would no longer be able to go upstairs. Yet, local authorities have a limit to the funding they can use for housing adaptation. A change in the rules would assist in those cases and would place a greater obligation on local authorities and the State to meet those very significant human needs by adjusting accommodation to suit disabilities. I do not know whether the witnesses have analysed the issue. We need to broaden the entitlement of individuals who are in very difficult situations.

I know of a woman who has to have a very serious operation. She will be in a wheelchair, unfortunately, and nothing can be done for her. The council has to find her another house, but she and I feel things are not happening quickly enough. Suitable homes are on the market. She should not have to chase a local authority to vindicate her rights. Rather, they should be vindicated by an amendment to the Constitution which would strengthen the case of such people.