Dr. Conor Casey:

It is a real privilege to be before this committee. I agree with much in the minority report.

I agree with Dr. Lyons entirely that if a referendum were merely designed to clarify what is already known, that is, the ability of the Oireachtas to regulate property rights for the common good, there would be no point. The wording in Article 40A goes well beyond this. Its main intent is to create a distinct constitutional obligation and onus on all branches of State, primarily the Oireachtas and Government, to come up with proposals, plans, policies, legislation and a system-wide response that helps to vindicate the right of access to adequate accommodation. This would help embed regard for the end into the law-making process on a departmental level, in the Office of the Attorney General, the Cabinet and in Oireachtas pre-legislative scrutiny. It would be valuable to embed concern for the constitutional end of adequate housing in the law-making process.

The other benefit to a provision like is that it would provide a constitutional backstop in the form of judicial oversight to assess the basic reasonableness of Government policy to ensure no group is unreasonably excluded from consideration when it comes to forming policies concerning access to housing or that the Government has not made irrational and indefensible policy choices that cogent expert evidence can fairly show are simply not appropriate to the ends the text seeks to achieve in respect of adequate housing. This would put the primary onus on the Oireachtas and Government but like with other rights we already have such as the right to a primary education, the right of children whose parents cannot take care of them to be cared for by the State and the right to criminal legal aid to ensure a fair trial, the courts can play a valuable backstop role where Government action falls unreasonably short. They played a valuable role in other rights and they could also play a valuable role here. Overall, this would be added value. It would not simply clarify powers the Oireachtas already has. In some ways, one can think of the backstop role as encouraging the Oireachtas to use the powers it already has. It will add distinct value in those ways.