John Curran (Dublin Mid West, Fianna Fail) | Oireachtas source

Usually I do not comment on witness contributions, but I wish to comment before Ms Regan responds.

She mentioned the Constitution and discussed whether legislation would be necessary. Legislation has to be constitutionally sound. Among the issues about which we have spoken at this committee are access to land for house building and the question of hoarding. The former Minister, Deputy Alan Kelly, was explicit to the effect that he was restricted in what he was able to do with the vacant site tax because of the advice he received. The purpose of the vacant site tax was to front-load land and make development land more available, but he felt restricted because the existing property rights outweighed the right to housing. We need to have some regard to the constitutional position as that would lead to subsequent legislation. The Minister indicated that he would have liked to have been stronger in what he did but the tax was pushed out to 2019 and the rate was lower than he would have liked. We are asking whether a right to housing in the Constitution would be a balancing right. I do not expect an answer from the committee but I add it to Deputy Durkan's comments because to some extent it counterbalances what he said.