Dr. Karen McAuley:

We agree the constitutional right to housing is a very complex matter and it requires serious and detailed scrutiny. I know members of the committee are aware that the eighth report of the Constitutional Convention looked at economic, social and cultural rights, and it made a recommendation on the right to housing. Due to the complexity of the matter and the time available to the convention, it asked that the matter be considered by the Oireachtas. That was in 2014 and we are now in 2019 but the matter has not been the subject of detailed scrutiny by the Oireachtas in the way other recommendations flowing from the Constitutional Convention have been.

In the first instance, we would like to see that recommendation from the Constitutional Convention being subject to detailed scrutiny so the issues could be teased out. We are very clear that the constitutional right to housing is not a silver bullet and it will not effect change overnight. However, it has potential and it remains a stone left unturned. In light of the crisis we have all seen unfolding in recent years, it is incumbent on all of us to ensure no stone is left unturned and the potential of the Constitution is properly explored. The key element for us is that the conversation, as and when it happens, should not be about whether it should be done but how it can be done in a way that brings the potential to have a meaningful and constructive impact.

As the ombudsman was saying on the best interests issue, under the Housing Act 1988, children are invisible. It is one of our key concerns. As members are aware, a Private Members' Bill, the Housing (Homeless Families) Bill 2017, has reached Committee Stage after consideration by the Dáil. It has not progressed since 2017. It is not a panacea but as primary legislation it has the potential to achieve some very important objectives. It would make children visible in the 1988 Act. When local authorities are making a decision on a request by a family for assistance, the Bill would recognise the family as a family unit and treat the best interests of the child as paramount.

Whatever about constitutional change, there is an opportunity to effect positive change for children and families in the context of primary legislation. Our understanding is there is, broadly speaking, cross-party support for this Bill and we would like to see it progressed. It may be adapted or changed but we would like to see that conversation happening.