Oireachtas Joint and Select Committees

Tuesday, 3 November 2020

Joint Oireachtas Committee on Housing, Planning and Local Government

Referendum on Right to Housing: Discussion

Photo of Emer HigginsEmer Higgins (Dublin Mid West, Fine Gael) | Oireachtas source

I thank the Chairman. I thank Ms Keatinge and Mr. Stanley for their presentation. I thank Ms Hennigan and Professor Whyte for their responses. I thank everybody who works in this crucial area for us on the front line.

I am in the same position as everyone else in this room. I want to be part of a society where everybody has access to safe, secure and appropriate accommodation. I do not want to live in a society where families are being raised in hotels or tents are erected in parks and along canals. I want to make sure that we change that and I want to play my part in changing that.

I agree that we, not just as a Government but also as a nation, need a strong statement in respect of housing, not just now but also in the form of a continuing commitment that will tie in successive Governments to policy commitments on the right to adequate housing. The witnesses have clearly explained that a constitutional right to a home does not mean that everybody becomes entitled to a free house. I would love if they could explain a little bit more the additional legal obligations a constitutional right to housing would put on the State. The witnesses have likened it to a right to education. My understanding is that the right to education places an obligation on the State to provide enough schools and sufficient school places. If a right to housing is introduced, would it then be up to the State to provide enough houses and accommodation at all times for our expanding population? Would the responsibility be divided between the private sector developers, whose business it is to build homes, and the State? Would it be a legal position that the buck stops with the State because local authorities are responsible for the zoning of land and the granting of planning permission?

I am also wondering if additional legal obligations would be put on banks to allow people to access mortgages and what impact that would have on people's household budgets. I am interested to hear how "adequate accommodation" would be defined and what legal questions arise in specific circumstances. I have two examples. If a situation arises where a homeless person for whatever reason prefers not to enter accommodation, does that homeless person waive his or her right or can a third party bring a case on his or her behalf? My second example is in the case of family separations and relationship breakdowns. For example, in a situation where a couple or a family were self-sufficient in terms of their housing need but now, unexpectedly, their housing need doubles because they need two homes instead of one, and often two quite large homes in the case of shared custody, what role, if any, would the State be expected to play in intervening in such circumstances?

My questions relate to the impact and implications of a constitutional right to housing. I would like to understand better the witnesses' perspective on that and I thank them.

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