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. Michael O'Flynn:

The majority of the Home for Good wording risks policy being created by the courts. Housing is complex and the development of policy in that manner creates serious risk for the housing system. It is essential that policy is made by the Government and not the courts. When Dr. Lyons and I got into the depths of how we deal with the housing crisis, we were looking at policy changes, at systemic failure and what big changes can be made. We do not have the legal experts on our side today and obviously there are legal experts on the screen and they are very good. Of course, they hear that. We do not want to get into a situation where the courts will decide in dealing with this crisis, rather than the Legislature. Dáil Eireann, the Government and those further down should be the people dealing with this, rather than having a prescriptive courts scenario. I would be concerned about that. Obviously, we do not have the legal expertise here to comment on that. I am concerned that the majority wording and the Home for Good wording risks the courts taking over, which is something we try to avoid.

At the same time, we are suggesting legislation and in the end Dr. Lyons came up with the wording he called out a few moments ago, in case this is required. We do not believe this amendment to the Constitution is required. Lots of other changes can be made because of the perception that is there. We had many a good session in our working group on these very points which are being discussed now. We are interested in a solution that will work. We are not interested in more court access that will not solve the housing crisis.