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

I am concerned that in her statement Ms Hurley has not addressed the legal and constitutional side of things. It was more of a description of what the Department was doing, which I understand. Obviously Ms Hurley is an official in the Department and not the Minister who makes policy. I will quote one sentence from her contribution: "The Department’s role involves the provision of a national framework of policy, legislation and funding to underpin the role of local authorities in addressing homelessness at local level." My concern in the context of the Bill I am bringing forward is the issue of policy and legislation.

Ms Hurley spoke about funding. Many here would question why people are still slipping through the net, as we have seen when families are separated and people are sent to Garda stations. Families are definitely still slipping through the net. There is no legal underpinning of the rights of children following the constitutional referendum. I am not sure if the officials can even answer the question.

My main question relates to the intention to provide legislation and a framework of policy to not just recognise that local authorities which are clustered for the purposes of spending money on homeless services have a responsibility but also to ensure the State will have both a legislative and policy framework and protocols in terms of practice, thereby avoiding, as described, different local authorities having different practices and not having clarity about what exactly happens when a family presents as homeless. I gave the example of Scotland where there are statutory limits for being accommodated out of emergency accommodation. I recognise that those present are officials rather than the political heads of Departments, but it is essential for us get that kind of direction. I will certainly pursue the matter further either through my legislation or legislation initiated by the Government. With others, I believe there is a gap. The comprehensive document from the Mercy Law Resource Centre indicates that we need legislation to underpin the rights of children and families when they present as homeless.