Mr. Christopher Bowes:

The thing about the source of frustration, which the Deputy identifies, really comes down to the lack of focus on legal reforms and the introduction of new legislation. There has been the report of the expert review and the report of the previous iteration of this committee, and as Ms Lucey identified in her opening statement, we have not seen the recommendations in those reports advanced when they required new legislation to be introduced. Those reforms called for, particularly in the expert review, are looking for an overhaul of the existing legislation in all elements insofar as it relates to Traveller accommodation, starting with supply and going all the way down through delivery, management and maintenance of sites. That is the new rule book referenced by the Deputy. The key focus now needs to be on that. Perhaps the focus of this committee should be on that agenda for legislative reform, giving a push behind and getting those measures through.

Resourcing local authorities to provide Traveller accommodation was mentioned in the initial comments. Ms Lucey discussed the issue of financial resources but what is also key is a statutory framework which allows them to deliver Traveller accommodation and carry out their housing functions insofar as they relate to the Travelling community. That is crucial as well when we are discussing a right to housing or adequate housing. It is ultimately through legislation - like any social right - that this right will be delivered and where people's rights will actually be vindicated. Before we talk about a referendum on a right to housing, we also need to have the discussion on what a rights-based legal, statutory framework look like to vindicate people's housing rights, and as we are discussing here, the Traveller community's housing rights. The Deputy specifically mentioned the point on the local connection test and normal residency requirements. The key point there is that the law is in place regarding local connection tests and it applies. The issue we have identified in this and in previous submissions is that the exercise of discretion as to when the local connection test is applied to someone who is looking for social housing supports. Since our last appearance before the committee, where we called for guidance on that exercise of discretion, this area of law has gotten more and more confused. Now there is guidance from the County and City Management Association which seems to imply that a local connection test can be applied in the context of emergency accommodation.

Previously, the Minister was quite clear that no such requirement exists in law. His guidance to local authorities was that it should not be applied in the context of requests for emergency accommodation. However, there is now guidance from the CCMA which contradicts that. Therefore, on the local connection issue, we reiterate that there is an urgent need for guidance from the Minister. Under the Housing Acts, there are mechanisms through which the Minister can give statutory guidance to local authorities on the issue of normal residence and local connection requirements.

Another key issue that goes back to what we were talking about is co-ordination between local authorities. A key role for this committee could be to consider what a national co-ordinating body would look like. The committee recommended the introduction of such a body in its previous report. This was also recommended in the report of the expert review. Yesterday, Ms Lucey and I were reviewing the various national housing and planning bodies. There is work to be done to carve out what the role of a new body for Traveller accommodation would be, how it would interact with the other national bodies and how those bodies could co-ordinate on Traveller accommodation.