Catherine Murphy (Kildare North, Social Democrats) | Oireachtas source

Article 43 of the Constitution guarantees that the State shall pass no laws attempting to abolish the right to private ownership. However, the same article also recognises that such rights of private ownership ought to be regulated by the principles of social justice and may, as occasion requires, delimit by law the right to private ownership if it comes to be at odds with the common good. When read as intended the Constitution is robust on this issue and if utilised, could become a tool of action to fight the ever worsening housing emergency that we face.

If that were the case and the constitution was interpreted as intended, this Bill would not be necessary. However, the Social Democrats will support the passage of this legislation through Second Stage because it provides an opportunity to interrogate why we are not challenging the way in which the Constitution is being interpreted. We welcome the opportunity to have the conversation about how the Constitution can be used in conjunction with other measures to address housing issues. We believe this Bill should be allowed to proceed to Committee Stage and can be amended and discussed in order to arrive at solutions. The Social Democrats have proposed a number of measures and legislation to make this happen, to free up vacant sites, put an end to land hoarding and speculation and ensure housing delivery.

As we have done consistently, we call for the establishment of a dedicated housing delivery agency that would act as a powerful co-ordinating body charged with proactively activating publicly-controlled landbanks in a way that would co-ordinate local authorities, housing associations and private builders, because we need to build cohesive sustainable communities.

Recently, we introduced the Urban Regeneration and Housing (Amendment) Bill 2017, which would raise levies on vacant sites. Those levies would increase accordingly each year a site remained vacant. There must be an impediment. We urge the Government to accept this legislation. We are submitting another Bill aimed at ensuring transparency regarding landownership and land price sales. It is important to know who owns what, because development costs are a big factor. Construction costs are less so, but development costs and land prices are big factors. Knowing who is buying the land to hoard it and subsequently sell it is a major issue.

We know there is evidence of such landholding on a very large scale. It is being tolerated and this needs to stop. This is why we believe a use-it-or-lose-it policy is absolutely essential. We do not believe it is in the common good to tolerate a situation where profit seekers sit on vast acres of land waiting for the price to climb higher. We believe that if the Government is not prepared to challenge the incorrect notion that the Constitution gives precedence to private property over the public good, then the Constitution must change. Either challenge the Constitution or seek to have it changed. We cannot accept the interpretation as it stands at present because it is not in the interests of the common good.

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