Pat Casey (Wicklow, Fianna Fail) | Oireachtas source

I commend Deputy Wallace on his genuine and practical knowledge and views on the land speculation element of our wholesale housing crisis. Land hoarding and speculation were significant factors in the housing bubble that occurred a number of years ago. I thought we had all learned the lessons that were so brutally exposed when the crash occurred ten years ago. I know that Fianna Fáil has learned them and I know that Deputy Wallace has. I am confident that the people have. This Government, however, seems indifferent to the hoarding that is taking place while the price of building land rises day after day.

The vacant site levy as structured will not work. Sufficient lands are not being developed for affordable homes to be built and the penalties for land hoarding in the midst of a housing crisis are not strong enough to change the behaviour of those who own these lands. There is a wealth of international evidence on the housing problems in other western nations that proves beyond any doubt that Government needs to have oversight on development lands.

The reluctance of various Governments to implement Mr. Justice Kenny’s report has been due to a valid concern over the constitutional implications of Article 43 of our Constitution which outlines the rights of private property owners. The great financial crash of 2007-2008, however, and its ongoing roll-out is catastrophic proof that elected Governments on behalf of their people must prevent profiteering on development lands. In that regard, it is useful to look at what Article 43 states. The first part of Article 43 outlines correctly that private property rights exist in our law and must be protected by the State. We seem conveniently to forget, however, the second part of this article, which is so important and clear that it deserves reading. Article 43.2.1° states: "The State recognises, however, that the exercise of the rights mentioned in the foregoing provisions of this Article ought, in civil society, to be regulated by the principles of social justice." Article 43.2.2° states: "The State, accordingly, may as occasion requires delimit by law the exercise of the said rights with a view to reconciling their exercise with the exigencies of the common good." In black and white, in Irish and in English, our Constitution clearly mandates Government to control property rights under the principles of social justice and the common good. Social justice and the common good are everlasting values of every democrat and indeed are the core values of those who regard themselves as republicans. The disease that is destroying our free market system, not just in Ireland but internationally, has been allowed to fester because of a failure of elected and sovereign Governments to legislate and enforce laws under the principles of social justice and the common good.

This article and our Constitution recognise that property rights are not absolute. The need for affordable homes to be built for people is the definition of "the common good" and indeed is one of the defining social justice issues of our age.

This Bill is an effort finally to address the unjustified and immoral speculation and hoarding of lands and I am glad that my party is allowing it to continue to Committee Stage. Of course, this Bill will need to be amended and yes, it may be open to constitutional challenge but the duty of this sovereign Parliament is to give expression to the common good of the Irish people. There can be no more hiding behind vested interests and their legions of lawyers. Governments are accountable to Parliament, Parliament is accountable to the people and the people are protected by our Constitution. I believe passionately that now is the time for our democratic system to defend the right of Irish people to a roof over their heads. I thank Deputy Wallace for providing a foundation for dealing with this part of our housing crisis and I look forward to seeing this Bill in committee.

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