Oireachtas Joint and Select Committees

Tuesday, 22 October 2024

Joint Oireachtas Committee on Housing, Planning and Local Government

Constitutional Referendum on Right to Housing: Discussion

3:00 pm

Mr. Adam Boyle:

It may be helpful to read into the record again the different wordings. The Home for Good wording, which was first submitted in 2020 and then repeated in 2022, recommended a change to Article 43A, to read as follows:

43A (1) The State recognises and shall vindicate the right of all persons to have access to adequate housing and

43A (2) The State shall, through legislative and other measures, provide for the realisation

As distinct from that, the Housing Commission, recommended that a new Article 40A be inserted which would read as follows:

40A (1) The State recognises that having a home is of fundamental importance to quality of life and that access to adequate housing, by facilitating the development of family, social and community relationships, promotes the common good

40A (2) The State, therefore, guarantees to every citizen a right of access to adequate housing and pledges, as far as practicable, by its laws to protect and vindicate that right.

The two are quite close to one another. They both exist within the justiciable Articles 40 through 44 on personal rights. They both appear to be stand-alone justiciable rights which also include a statement of purpose. There is a mirroring there although, as I said in my opening statement, the Housing Commission has included language that is probably more familiar to the Judiciary, the Oireachtas and so on and more reflective of other elements of Irish constitutional law, in that it very clearly mirrors Article 40.3 as well.

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