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

Photo of Michael CreedMichael Creed (Cork North West, Fine Gael) | Oireachtas source

I do not believe that has answered the question. If Joe Citizen, as somebody who has been on the housing list for ten years or who is homeless, brings his case to a constitutional court, the outcome is that the State must respond to his vindicated housing right, as would be the consequence of a changed constitutional scenario. It means that that citizen gets a remedy from the State as an individual. That is only vindicated at the expense of others. The point I am making is that that might be well and good at a time when we have had the opportunity to look at all the other provisions in the commission report and acted upon them. This is the last thing we should be doing and not the first thing we should be doing. I appreciate, Chairman, that this is not your fault.

I will ask this question of Dr. Casey in another way and perhaps other witnesses may wish to come in on it. If we are to change the Constitution and believe that is the vehicle to bring about the perfect housing policy circumstances, what is the constitutional impediment that exists now? I cannot see anything in the Constitution that prevents the body politic, the Houses of the Oireachtas, from having housing policy that constrains it in any way.

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