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. Wayne Stanley:
We are not in conflict in the point about policy. I spend my days, weeks and hours trying to cajole people into better policy. As Deputy Cian O'Callaghan indicated, we are very supportive of the commission report, particularly in the area of social housing, but also the broader report. We have had a number of events at which we have supported it.
There is a false narrative here around the courts taking over policy intervention. The benchmark we have often held this to, one which has already been mentioned, is the right to education. We do not have people going to court every day to vindicate their right to education. It is in the Constitution because it is valued and where there are very egregious failures of the State when it comes to the right of access to education, cases can be taken. I may defer to Dr. Casey on this point as he is better placed to speak to it, but in those instances the court put it back to government to say that it had failed in this instance and before taking any action, it was putting the matter back to the government to remedy it. That is my understanding of the way the courts engage with the Oireachtas. It is not that they start writing or deciding policy. Rather, they say they have manifest examples of the State failing, the State needs to do better and they are sending it back to the Oireachtas for it to do better.
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