Ms Aoife Kelly-Desmond:

We have spoken for a few minutes about the level of the housing crisis and I will speak to why we feel specifically that a referendum on a right to housing is essential in addressing the crisis.

At a really basic level, the Constitution is a statement of fundamental values of the people of Ireland. It shapes Government policy and legislation and it provides an important bedrock of protection for basic rights that transcends individual Governments or particular developments of the day.

People experiencing ongoing housing insecurity in the turbulent market we have are failed by a gap in our Constitution as it addresses housing. Currently, the Constitution is fundamentally imbalanced towards private property rights without any equivalent right to housing being recognised either explicitly or implicitly. This means the starting point of Government policy and legal analysis around the regulation of land and property is very much from the perspective of a property owner’s right. There are restrictions in the Constitution relating to property rights with respect to the common good and in particular scenarios, it is very much a secondary perspective. In simpler terms, the way housing is addressed under the Constitution now is very much through the lens of being a commodity and asset rather than as something essential for people in meeting their fundamental rights.

The imbalance in the Constitution has proven repeatedly to fail people in need of housing in this country perpetuating issues like the high levels of vacancy and dereliction that we see across the country. It increases land hoarding and it has contributed to the housing crisis on many levels. That said, including a right to housing in the Constitution will not fix the housing crisis overnight; it has an enormous potential, however, to be a catalyst for change. It would be a profound statement by the people of Ireland through a referendum that they do not accept an endemic housing crisis as a normal or natural state of affairs.

Including a right to housing in our Constitution would place an onus on the State to develop and implement policy and practice to ensure the right to adequate housing is met and it is available to people in Ireland, now and into the future. As political and policy actors, members of the committee have a unique understanding of the capacity for issues, no matter the importance, to fall between stools of responsibilities. Recognising a right to housing through the Constitution would bring a very clear message to all levels of Government that a guiding principle in their actions must be the consideration of how to meet a right to housing. In more practical terms, this means a renewed respect for the need for housing to be accessible, affordable and available to people, and to meet the different levels of need we have in society. That may be through universal design principles for people with disabilities, housing for people who are part of our aging population or dealing with families of different sizes and constitutions.

Home for Good wishes to work closely with this committee and the Housing Commission in a process to reach wording for a constitutional amendment that could recognise this right in a meaningful and impactful way. Ultimately, it is about bringing about a referendum that can be won to have such a right recognised. In closing, I will read into the record the proposed amendment that Home for Good has formulated. It would be the insertion of a new Article 43A stating:

1. The State recognises, and shall vindicate, the right of all persons to have access to adequate housing.

2. The State shall, through legislative and other measures, provide for the realisation of this right within its available resources.

I thank the committee.