Oireachtas Joint and Select Committees

Tuesday, 5 July 2022

Joint Oireachtas Committee on Housing, Planning and Local Government

Right to Housing: Discussion

Mr. Gavin Elliott:

If such a right were placed within the Constitution, it would also be useful if the Government reviewed existing legislation to ensure it was coherent with this new right, rather than leaving that up to the courts. If there was suddenly a right to housing in the Constitution there is a good argument that the Government should be reviewing the Housing Acts, for example, or the Residential Tenancies Act and making sure they are coherent with this new right, rather than forcing people to go to the High Court to delineate that with various test cases. That sort of approach should be taken, where the Government tells people that if the referendum is passed, it will require it to review housing legislation to ensure it is now coherent with the Constitution.

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