Barry Cowen (Offaly, Fianna Fail) | Oireachtas source

We believe that this Bill should be delayed to allow the housing committee to consider the report of the Constitutional Convention on this matter and other economic, cultural and social rights. Broadening the Constitution, our fundamental law, should be done carefully and should take into consideration the wide range of consequences. We believe the committee is best placed to do that work. The most important task of the Government and of this Dáil in regard to the housing crisis is not necessarily the holding a referendum that will cost €15 million but ensuring that supply is increased. The upcoming budget and the review of the new capital plan are key in that and they should be the Dáil's and the Government's immediate priorities regarding this issue.

Regarding the Constitutional Convention on economic, social, cultural and constitutional rights and housing, the convention voted to enhance the level of protection for economic, social and cultural rights, making them amenable to supervision by the courts in certain circumstances. It also voted to highlight certain rights which should be expressly stated in the Constitution, namely, housing, social security, essential health care, rights of people with disabilities, linguistic and cultural rights and rights covered in the International Covenant on Economic, Social and Cultural Rights.

The programme for Government contains a commitment to send this recommendation to the Oireachtas committee on housing and other committees, where appropriate. We believe this is the appropriate forum to thrash out the issues involved. We recognise and have seen that the Government has been ridiculously slow in bringing forward legislation on foot of recommendations, motions and Bills that have been brought before the House and passed. For example, we can reflect on the arrears phenomenon and the recommendation from the Dáil for an independent commission on recommendations of solutions rather than the veto system we have, which was amended but which we see the courts interpreting as applications or appeals having to be in the name of the personal insolvency practitioner, PIP, representatives rather than of the individuals concerned, which again delays that whole process. In regard to what was passed earlier in the year, there is an opportunity to address that by virtue of that Bill, but again it joins a long list of Bills that remain on the waiting list. We would like to see an improvement in that regard in this term and it is wholly appropriate that would be the case, especially in issues pertaining to this terrible crisis and emergency we are facing in regard to housing.

Regarding housing priorities, it is important, despite the best intentions of those who have put forward this proposal, not to give false hope or fall into the politics of gestures, which we have seen in recent times in regard to this issue, rather than real action. Adding housing to the Constitution, make no mistake about it, unfortunately will not resolve the housing crisis. It is important therefore that we recognise that fact and that inserting this into the Constitution should only be taken after full consideration of the issues involved. More importantly, it cannot be allowed to divert attention away from practicable steps that have to be taken in order to increase supply and tackle escalating rents.

I use this opportunity to place on the record of the Dáil what we believe should be done in the immediate and in the short term to address the housing crisis. We have to increase social housing capital expenditure. We have been told on many occasions during recent months and years that the funding issue is not a problem, that money is not an obstacle to the provision of social and affordable housing. The social housing capital budget is 50% below the rate it was at in 2008. Therefore, it clearly is a problem and it needs to be addressed. By virtue of that, it is important that up to €400 million extra is put in place in order to ensure extra units are brought online. A new regulatory regime should be established to allow vacant units and above-shop units to be converted into residential units. As we all know, this would open up thousands more units in established areas. We would like progress to be made on that and for a regulatory regime such as that to put in place in the immediate term in order to have immediate resolutions.

We want to see the re-establishment of an affordable housing scheme. There is no affordable housing scheme currently in place under this Government's watch. The previous Government took away the affordable element of the Part V provisions. We want to see that re-established. In addition to that, we would expect in any ratcheting up of local authority housing building that it should include building programmes with an affordable housing element to purchase and to rent. That is a remit that needs to be given, shown and put in place. These are practical steps that can be taken in the coming months that can have a positive impact and that can address the 130,000 applicants who are on social housing waiting lists, the unfortunate cohort of people who find themselves facing the threat of, or are in, homelessness, and the huge issues in regard to the rental market.

I do not wish people to interpret our opposition to the proposed constitutional amendment to be us merely saying that it has to go to a committee. There are practicable reasons that need to be analysed and scrutinised in order for the right decision to be taken ultimately and the right question to be put to the people and, therefore, thereafter enshrined in the Constitution, as it could and should be.

The principles of social policy enshrined, for example, in Article 45 set out the rules of general guidance for the Oireachtas in setting out laws. However, the rights included in this article are not cognisable by the courts, that is, a citizen cannot take the Government to court for breaching them as they are for guidance only. This article would be subject to judicial review. This may transfer too much power into the hands of the courts rather than the democratically elected representatives.

The proposed amendment refers to residents rather than citizens, which is used in other articles in the Constitution. It should be clarified, for example, whether this broadens the right to housing above other rights that are enshrined in the Constitution.

Another point is that the constitutional review group report of 1996 advocated amending Article 40.3.1o to restrict wide-ranging judicial interpretation and to list explicitly the fundamental rights contained in the Constitution.

Enshrining housing rights without amending this article may lead to a further extension of judicial power as a creative approach to the Constitution could enable the Judiciary to widen its influence over areas that are considered the remit of the day-to-day political system and the democratically-elected representatives of the people in this Dáil in respect of their responsibilities, rights and duties in distributing taxpayers' funds to address this emergency that engulfs the country.

Despite the best intentions behind this legislation, and I understand from where they come, a methodology is in place to analyse and scrutinise the consequences of this proposal to ensure that it is implemented correctly and properly but that will not solve the housing crisis in the short or even medium term. There is a responsibility on us to ensure that the Government is held to account and does what is necessary to address this and bring supply to the fore, thereby allowing the graph that is drastically skewed at present to adjust to where it should be and to ensure people have some hope that the House has grasped the issue properly and can effect change and bring about solutions over which we can all stand. We can play politics another day because this is the greatest, gravest issue facing the State. As a result, we must leave politics outside the door and come together to deal with this in a way whereby everyone can see light at the end of tunnel and whereby people can be given some hope that progress can be made.

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