Jerry Buttimer (Cork South Central, Fine Gael) | Oireachtas source

This is a very important motion and I commend the Members who put it down. I was very proud to be a member of the Constitutional Convention, as Deputy Maureen O'Sullivan knows. At the core of our Constitution is an innate and explicit fundamental philosophy "to promote the common good ... so that the dignity and freedom of the individual may be assured". This philosophy and the protection of many rights were set out in our Constitution long before these issues were fully recognised by other countries and international bodies, pre-dating the United Nations Convention on Human Rights by more than a decade.

Although our Constitution primarily focusses on civil and political rights it does recognise some economic, social and cultural rights, such as the right to education. The Directive Principles of Social Policy place many obligations on the Oireachtas. It must "promote the welfare of the whole people" and assist individuals to "find the means of making reasonable provision for their domestic needs". It must also consider the need to "safeguard with especial care the economic interests of the weaker sections of the community, and, where necessary, to contribute to [their] support".

No matter what our political hues or philosophies as a country we have a long tradition of supporting economic, social and cultural rights, not only in our Constitution but also in our support for international agreements and in policy implementation. In 1973 Ireland signed the UN International Covenant on Economic, Social and Cultural Rights. I would like to isolate some of the rights in that Covenant and show how Government policy has implemented those rights. Article 9 recognises "the right of everyone to social security, including social insurance". Article 11 recognises the right to an "adequate standard of living". Most people will recognise that we do have a comprehensive system of social security.

At times there is much debate about the allocation of resources within our social security budget, more commonly known as social protection but in the round, our policy effectively delivers on both of these rights. This year the Department of Social Protection will administer over 65 separate schemes and services, spending almost €20 billion on social protection measures; €2.4 billion to support families with children in 2015. This includes €1.97 billion which will be spent on child benefit this year, an increase of €5 per month per child, which the Members opposite have welcomed. A total of €1.1 billion will be spent on employment supports in 2015. The Department of Social Protection operates a vast range of schemes covering the areas of disability and illness; carers; unemployment; schemes for older and retired people; benefits for families and children; death-related benefits; assistance for farmers and fisherpersons; back to education allowances; and, inter alia, supplementary welfare schemes.

Included in the right to an "adequate standard of living" in Article 11 of the convention is a right to housing. I accept that we face a major challenge in this respect. The Minister for the Environment, Community and Local Government, Deputy Kelly, and the Minister of State at the Department of the Environment, Community and Local Government, Deputy Coffey, have set out a comprehensive housing policy to be implemented by local authorities. Section 69 of the Local Government Act 2001 obliges the local authority to have regard to the need to promote social inclusion in its policies and requires local authorities to implement policies to counteract poverty or other social deprivation. This year Government has announced that €312 million will be given to the construction of 1,700 new homes in 100 social housing projects across the country. This is the first phase in a €3.8 billion, six-year strategy to deliver 35,000 new social housing units by 2020. I commend the Minister and Minister of State for this. We have left a generation sadly languishing in social housing queues. Last year in my own county of Cork, €4.4 million was allocated for the refurbishment of void social housing units. This returned 367 housing units. That is real progress but it badly needs to be continued and at a quicker pace.

Article 12 of the UN covenant sets out "the right of everyone to the enjoyment of the highest attainable standard of physical and mental health". This is implemented using a very large budget administered through the Department of Health and Health Service Executive, HSE. This year the Department of Health will spend more than €12.6 billion. This means we must deliver on universal access to health services. That is being done by providing free GP care to children under six and adults over 70. The most visible way that the State delivers on its obligation to ensure a right to health is by providing access to health services for those on low incomes and this is done through medical and GP visit cards. Approximately 1.76 million persons are covered by medical cards. That is a significant proportion of our population. This year there has been an increase in the number of discretionary medical cards in circulation, up by 60% from approximately 52,000 in mid-2014 to 83,000 today. The number of people covered by GP visit cards has also increased to 160,004 compared to 124,512 last year. In total the number of people covered by medical and GP visit cards is more than 1.9 million; more than 41% of our population have direct and automatic access to health care as of right.

In keeping with most Western democracies economic, cultural and social rights are not explicitly present in our Constitution; it focuses on civil rights and political freedoms. The courts have determined that the distribution of the State's financial resources lies within the exclusive remit of those of us privileged to be in our legislature and not with the courts. The power to determine how State revenue will be collected and spent is reserved to the Oireachtas and more specifically to the Dáil. While it is possible for the courts to restore the legal entitlements of parties, decisions involving the redistribution of existing wealth patterns are left to us in this Chamber.

The courts found that the allocation of taxpayers' money for the common good was a matter for the Oireachtas and, more particularly, the Dáil, whose Members are chosen by the people. This means that citizens are ultimately responsible, because they decide, by virtue of voting in general elections, the policies that determine the allocation of resources. We should continue to pursue policies that balance rights with responsibilities. The nuances of this approach can be pursued through legislation and policy more effectively than in broad constitutional provisions.

As a member of the Constitutional Convention, I am pleased that, as a body, the convention considered the issue of economic, social and cultural rights. It worked effectively and ensured this was considered in detail, and a majority of its members - 85% - favoured changing the Constitution to strengthen the protection of economic, social and cultural rights. It is worth noting, however, that a sizeable minority - 43% of convention members - recommended that the issue be referred elsewhere for further consideration. This view was based on concern about the implications of possible reforms, and reflected the challenge faced by the convention in trying to consider such a broad and detailed range of issues in a single weekend.

Deputy Pringle's proposal reflects the outcome of the Constitutional Convention and its recommendation in favour of a constitutional provision requiring the State to progressively realise economic, social and cultural rights, subject to maximum available resources. According to the convention, this duty would be cognisable by the courts and the provision would not diminish the level of protection already afforded in the Constitution. It is worth noting that the convention also identified a number of specific rights, including the right to housing, social security and health care, the rights of persons with disabilities and language and cultural rights, and recommended that these be enumerated in the Constitution.

As we will see later this week, the Constitution is a dynamic document which has led to some highly progressive interpretations. It contains fundamental rights that have been used to vindicate personal rights. This has enabled the courts to recognise rights that are not expressly provided for in the Constitution. They have developed a body of unenumerated rights, which include, among other rights, the right to earn a living. All of this is possible because Bunreacht na hÉireann is a written, structured and living document, which has been used as a template by other countries. We should be slow to consider anything that could possibly undermine this rich tradition. Before considering the possibility of inserting economic, social and cultural rights in the Constitution, we must first engage in a deep and detailed consideration of all possible effects.

Our primary focus should be on the attainment of the economic, social and cultural rights that have been clearly recognised by the State. Some of those rights are already enforceable under the Constitution, while others are viewed as guiding principles. An even greater number are recognised by the State through its acceptance of international agreements. We have achieved a great deal in recognising rights to education, housing, social security, health and an adequate standard of living. While we can debate the specific allocation of resources, comprehensive policies are already in place, although it will always be possible to achieve more in delivering economic, social and cultural rights. Perhaps the best approach is to utilise the balance delivered by our existing constitutional provisions.

The Constitutional Convention, of which Deputy Maureen O'Sullivan and I were members, should be revisited, because the issue of providing for economic, social and cultural rights in the Constitution deserves more in-depth analysis than it received at the convention. This is an important issue, as it primarily affects citizens. Revisiting the issue would also provide us with an opportunity to do more in terms of our policy approach.

I have been struck by the effectiveness of the pre-legislative scrutiny process that has been introduced to the committee system as part of a new approach to framing policy. I say this as the Chairman of a committee that has benefited greatly from the process. Perhaps it would be preferable to have a committee discuss this issue, as it would allow Members of all parties and none to come together to develop an approach that would have the imprimaturof the Oireachtas, as it were. Furthermore, Members would be able to hear from key experts in this area, which is not the case in this debate.

A large amount of work is being done on this issue internationally. In one respect we are losing the argument, because people outside the House do not feel engaged or empowered. While I do not propose to stray into the debate on the forthcoming referendums, one of the consequences of the referendum on marriage has been to mobilise civic society and citizens to become actively engaged in the democratic process. It is important that the country recognise that it has obligations and duties, as a member of the United Nations and the European Union, to move with other countries in delivering benefits to citizens.

While the Deputies opposite will differ from me on the Government's economic policies, people have collectively - le chéile - managed to turn the economy around. We must use the forthcoming budget to ensure the benefits of economic development are passed on to all sections of society.

As a constituency politician, I note that social housing has become a major issue beyond the sections of society that, as people assume, are generally affected by it. I am being contacted by an increasing number of people who are unable to afford to buy a house. This is a major concern. I was visited yesterday by a gentleman who informed me that his personal health was suffering because his grandchild and daughter were living in the front room of his house. While he spoke positively and loves having his daughter and grandchild in his home, he pointed out that these circumstances were affecting his and their privacy and quality of life and he wanted them to have a place of their own.

The Minister for the Environment, Community and Local Government, Deputy Alan Kelly, and the Minister of State in the Department, Deputy Paudie Coffey, are responsible for local authorities. They should insist that local government be accountable in respect of expenditure and the allocation of resources. Sometimes local authorities do not spend money they have been allocated from central government funds. This is a key issue in Cork. I cannot understand the reason so many houses are empty and boarded up. The fancy word we use for this is "void," but I prefer the term "empty," as it provides a graphic illustration of the need to tackle bureaucracy. Speaking in a debate on another Bill recently, I raised the need to review the policy on fixing up local authority houses. While I accept that councils employ direct labour for this purpose, I cannot comprehend the fact that houses are lying idle in Cork while people are crying out for housing. I speak only about Cork because I see the problem every day. To the best of my knowledge, the Government allocated money to address this issue.

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