Ms Rebecca Keatinge:

I will make a few comments on the three points raised by the Deputy because they are valid concerns that need to be addressed. With regard to whether this gives people the right to a free home, it is certainly not the position. Criticism levelled against such a protection in other countries is that it has not provided people with homes. In this, we are looking at generalised access to housing for people who are not able to provide for their own housing, as well as providing that to an appropriate standard. The second section of our proposed wording refers to available resources. As for this not leading to the building of any homes, it is an enabling provision designed to influence and enable the Government to bring forward progressive policy measures and a legal framework that can develop the housing infrastructure we need to meet the need that is not being met at present.

With regard to interference in the separation of powers, Professor Whyte will pick up on the reasonableness point. He mentioned the South African example. This is an assessment of whether the measures being taken by the State are reasonable. We see cases that would get to the court as being very egregious. In these situations, the courts will simply pass it over to the Legislature or the State to determine what policy responses are required.