Oireachtas Joint and Select Committees

Tuesday, 3 November 2020

Joint Oireachtas Committee on Housing, Planning and Local Government

Referendum on Right to Housing: Discussion

Mr. Wayne Stanley:

The referendum is to last well beyond Covid-19 but the reason we mentioned Covid-19, and why it stands out so starkly, is we have been using the language of crisis about housing and homelessness for a number of years. Constantly in Oireachtas discussions, when more far-reaching proposals were put forward to address the crisis, the Constitution was held up as the barrier. When the Covid crisis - an almost existential crisis for the State - arose, this barrier was got over. I do not believe the public needs us to be at this level of crisis to be able to address what everyone acknowledges is a housing and homelessness crisis but it seems the Constitution does, or certainly the political system engaging with the Constitution does. This was a watershed moment in my thinking but I would have supported the referendum prior to the onset of Covid-19.

As for the constitutional convention on this issue, the important and interesting aspect of this for me was that when citizens entered an iterative discursive unpacking of all of the issues in the three arguments outlined, which always have had a lot of force and effect, more than 80% of people said we should put it in our Constitution. When citizens enter into this discussion, I believe a referendum on it will be passed because people will see the true value of it.

I have answers for the Deputy's three questions but the lawyers would be much better placed to speak about them, particularly on the right to a free home and interfering with the role of the State. I will hand over to Ms Keatinge and then we might go to all of my colleagues.

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