Séamus Healy (Tipperary, Workers and Unemployed Action Group) | Oireachtas source

I move amendment No. 133:

In page 34, between lines 33 and 34, to insert the following:

“24. Dáil Éireann formally declares that a housing emergency exists in the State and while this emergency continues the right of any person to remain in the dwelling in which the person currently resides will take precedence over any property right of any other person—(a) accordingly no court or other authority shall order the removal of the current occupant of a dwelling, or by its decisions enable such removal notwithstanding the provisions of any Act currently in force including the provisions of the Land and Conveyancing Law Reform Act 2013,

(b) the housing emergency declared in this section can only be terminated by a vote of Dáil Éireann, and the Government including any Minister of the Government are precluded from annulling the housing emergency without approval in such a vote,

(c) in view of the housing emergency declared here, the power of any Minister of Government to raise the market value threshold of €75,000 for single or multiple dwellings for consideration of possession of dwellings cases by the Circuit Court by activating or commencing sections of existing Acts without approval by a vote of Dáil Éireann, is cancelled.”.

My amendments are amendments Nos. 133 and 148. The first relates to the formal declaration of a housing emergency and the second, amendment No. 148, is one recommended by Focus Ireland, the homeless charity. The effect of this amendment would be to ensure that families living in buy-to-let properties which are being sold would remain in those properties. Focus Ireland has said that a significant number of families who are currently becoming homeless come from private rented accommodation, effectively, buy-to-let properties where the landlord is being forced to sell the property by banks, leading to the families being evicted. Some 20 families a month are so affected and these include approximately 40 children. The situation has been dealt with in other jurisdictions and it is not allowed in the North. It is time we took the same decision down here so that families in buy-to-let properties can remain in those properties in all circumstances.

Amendment No. 133 proposes a formal declaration by Dáil Éireann of a housing emergency. The first sentence reads, "Dáil Éireann formally declares that a housing emergency exists in the State and while this emergency continues the right of any person to remain in the dwelling in which the person currently resides will take precedence over any property right of any other person". The effect of this amendment would be that the common good in housing matters would supersede property rights. We have a housing emergency in the State, which the Minister acknowledged publicly in the Irish Examinera number of months ago, as have other Ministers. We are effectively adding to the emergency every day and figures from earlier this week show that 420 families have lost their homes by various methods, whether by repossessions, evictions or just handing back keys and abandoning their properties under pressure from banks. Four families per day are losing their homes so we should not add to the emergency but should deal with evictions, security of tenure and rent certainty. We also have to deal with the EU on funding for local authority and public housing. The Taoiseach wrote to the EU some time ago requesting flexibility in relation to additional funding but as the State has not declared a housing emergency, the EU obviously is going to take his request with a pinch of salt.

A declaration of an emergency is not unusual. The financial emergency has been in place for a number of years and was extended again on 30 June this year so it is not unprecedented. The financial emergency ensures that pay and pension cuts are continued. Pensions are private property and have been declared as such by the courts. There is a huge emergency, which the Minister has acknowledged, and to stop adding to it a declaration that one exists is required so that the common good and the right of families to homes and a roof over their head come before property rights, specifically in the case of evictions. There are 6,800 homeless people, of whom 2,500 are children, and we simply cannot continue to accept this situation.