Bernard Durkan (Kildare North, Fine Gael) | Oireachtas source

A constitution is supposed to lay down basic fundamentals or cornerstones which protect the rights of the people in all instances. I do not think it is preferable for it to be that way in this case. One tends to use the Constitution as a means of providing legislation. I do not think that is the right way to go about it. It is far better to produce the legislation in line with the ongoing requirements of the people we represent, while having due regard to the fundamentals laid down in the Constitution and the constitutions of various countries. I accept that the UK does not have a written constitution but it does have the Magna Carta, which it still operates and has regard for.

I must have the record on this committee because I know of more than one case of people being in emergency accommodation for three years or more in appalling circumstances despite numerous representations. Due to the scale of the housing need at the present time, all these people get squeezed in the crush and it causes a huge problem.

Ms Regan made reference to the suitability of meeting the requirements of adults and children with special needs. It is appalling to see the degree to which individual HAP families have to try to strive all the time to deal with the requirements arising from special needs, housing needs and the failure to adapt a house in line with the special needs of the people concerned. It is tear-jerking and horrifying to look at. There are many people in these circumstances at the present time and that number is growing. It shows that there are other things we need to focus on. What I am afraid of is seeing a situation developing in which we have to go to court in order to grant somebody the right to a house. It should not be that way. We must either reflect what is a good and honest response or we must not do it at all.

I have always said that special needs housing is best dealt with by the voluntary agencies. The local authorities are not at all suited to meeting that requirement. They do not do it well and they do not do the things that are necessary. This is not by virtue of the fact that they are reticent, it is simply that their structures do not lend themselves easily to it.

The constitutional rights of one person should not override the constitutional rights of another. If we do not recognise that, we are missing something. By putting something in the Constitution specifically to guarantee the rights of one group, we might have a situation in which somebody is creating anti-social behaviour. He or she will go to court and will win the case on the basis that he or she is also protected under the Constitution.

My final point is with regard to Travellers' housing rights. We have a responsibility to deal compassionately with every case that comes before us, regardless of background, country of origin, race, creed, colour or whatever the case may be is. If we are not doing this or if we are doing it in pretence, we are not doing our job. It follows that we should not have a situation in which Travellers, or any other body in society, are forced to live at a crossroads or in the middle of a roundabout in appalling conditions while we all stand around and wring our hands. That is not doing the job that we were given to do. There is already cover under the Constitution to deal with that, if we exercise ourselves.