Jan O'Sullivan (Limerick City, Labour) | Oireachtas source

We had a constitutional amendment. For that to be real there has to be legislation to give children and their families the opportunity to vindicate their rights. Deputy Ó Broin and Senator Murnane O'Connor asked how far we can go with an Opposition Bill. We cannot cause a cost to the Exchequer so I would be delighted if the Department and the Minister strengthened the Bill because the Minister can bring forward legislation which has a cost to the Exchequer. We all want to achieve stronger rights for families. Whether that means the Government bringing forward legislation or amending my legislation to make it stronger, it is fine with me. Deputy O'Brien asked about interactions with the Department and I hope it will give a positive response. The indications are that it will but, as is often the case, it may have issues with the language we put into legislation. I hope it will be strengthened rather than rejected. I take Deputy O'Brien's point that there are a large number of Opposition Bills. This Bill was published approximately a year ago.

I would love to have been able to put statutory limits into the legislation, as they have in Scotland, but I could not do so as an Opposition Member as it would not have got through. The Chairman and Senator Murnane O'Connor asked what difference the Bill would make. It would require guidelines and protocols for all local authorities to follow. Focus Ireland and other charities have given guidelines to staff on how to deal with people who present as homeless but the Bill will immediately oblige the State and the Department to provide clear guidelines and protocols on how front-line staff should respond when people present as homeless.

Deputy Barry asked about people who were already in emergency accommodation and the Bill covers that, with the following proposal for a new section 10A(b)(iii) that the housing authority should have particular regard to the need by practical means to protect and assist families, including by providing them with safe accommodation, in order to support and encourage the effective functioning of families, and the development, welfare and protection of children within a family home. In this way it deals with people who are already in emergency accommodation.

The case of one specific separated family was referred to, where the mother was sleeping in a tent, and the case of Margaret Cash was mentioned by Deputy O'Brien. In both cases the reference to "family unit" in subsection (b)(i) of the new section deals with where the accommodation provided is not big enough.

Deputy O'Dowd referred to tenants' rights. We all agree that we need to strengthen tenants' rights in general and I believe every Opposition party has now published legislation to strengthen tenants' rights. I agree with the Deputy but separate legislation is required for that.