Mick Barry (Cork North Central, Solidarity) | Oireachtas source

Yes, we can do that. We wish to make a political point and then a legal point about this. The political point is that there is a clash of interests, namely, the interests of landlords and the interests of tenants. One can assert the rights of private property and the rights of the market, but where has that led society? It has led us to the greatest housing and homelessness crisis in the history of the State. It has led to the real possibility that the Department will release an official homeless list for the State that is above the 10,000 mark. As an alternative, I would assert the rights of society and say that society has the right to protect itself and those in rented accommodation from that situation by strengthening the rights of tenants. This Bill aims to do so in particular areas which are being cited daily, week in, week out, to use notices to quit as grounds for evicting people, in many cases into homelessness. These include the sale of property and so-called renovictions.

On the legal issue, I note that the Constitution provides for the rights of private property. It also provides for the State to take action in the interests of what it describes as the "common good". It enshrines that as a strong and in some cases overriding principle. Our legal argument will be that the common good overrides the rights of private property. Our opinion is that this is not unconstitutional and is a legally sound Bill to put before the Oireachtas. My personal view is that if we were found to be wrong on that, and I do not think we are, an urgent constitutional referendum is needed to facilitate the implementation of the legislation. The rights of society and of the tenant should outweigh the rights of the market and private property in this instance. The case for that is overwhelming in the midst of the housing and homelessness crisis. I am happy to share our advice in that regard.

I will explain what we are trying to do in regard to the issue of six months' compensation. Many tenants are given notices to quit which state that a relative is going to move in as the reason for eviction. In some cases this is genuine.