Dáil debates

Wednesday, 27 January 2021

An Bille um an Seachtú Leasú is Tríocha ar an mBunreacht (Cearta Geilleagracha, Comhdhaonnacha agus Cultúir), 2018: An Dara Céim [Comhaltaí Príobháideacha] - Thirty-seventh Amendment of the Constitution (Economic, Social and Cultural Rights) Bill 2018: Second Stage [Private Members]

 

11:00 am

Photo of Kathleen FunchionKathleen Funchion (Carlow-Kilkenny, Sinn Fein) | Oireachtas source

I commend Deputy Pringle and we will be supporting this motion. Sinn Féin has a long track record in advocating for the rights of people. The International Covenant on Economic, Social and Cultural Rights has been a key treaty in progressing the rights of people around the world. In 1989, Ireland ratified the economic, social and cultural rights of its citizens and agreed to be legally bound by the International Covenant on Economic, Social and Cultural Rights. This international treaty sets out the right for all people to self-determination but these rights to self-determination are only partially recognised in our Constitution and are further restricted by Article 45, which seeks to further limit this treaty by explicitly stating that the principles of social policy are intended for general guidance of the Oireachtas only and are not recognisable by law. It is important that all Deputies support this motion. We must act to protect Irish citizens' economic, social and cultural rights and enshrine that protection in law.

It is important to remember that this Bill seeks to strengthen the right to adequate housing, the right to be free from hunger, the right to an education and the right to an adequate standard of living. Contained within this treaty are the right to earn a living, the right to enjoy a safe and healthy work environment and the right to attain the highest standard of physical and mental health. In those categories alone, I imagine there are a huge number of people who are not earning a decent living, who do not have a safe and healthy work environment and who are suffering with their mental health. Our track record in this country shows that we do not deal with that issue in particular. As for the right to an affordable home and the right to live somewhere in security, peace and dignity, free of discrimination, these essential social rights must be protected and strengthened.

There is little doubt but that we are in the middle of a housing crisis, a crisis that has emerged through years of neglect by successive Governments. What we have allowed is for the Irish property market to be placed in the hands of companies seeking to maximise profit rather than to provide homes. It is a property market based on greed. What we see in practice is that those looking for a home are continually pushed out into a rental market that is prohibitively expensive. For anybody who can qualify for the housing assistance payment, those houses are nearly impossible to find and then totally unaffordable when one can be found. Our housing spokesperson, Deputy Ó Broin, has continuously raised in this House the issue of Ireland’s appalling housing policies. It is now more important than ever to realise this treaty in law. Housing cannot simply be determined by the Government of the day. Our approach must be bigger and it must be enshrined in our laws.

Ireland has a poor track record in ratifying international treaties. In 2017, we were found to be in violation of our citizens' human rights in respect of a failure to ensure the right to housing and an adequate standard of living for people in social housing. Several reports by UN bodies, notably in 1999 and 2002, stated that, despite substantial recommendations, no steps have been taken to date by Government to incorporate or reflect this treaty in domestic legislation.

The Government’s inability to ratify the optional protocol to the United Nations Convention on the Rights of Persons with Disabilities has not only caused enormous upset in Ireland, it has also drawn huge criticism from various advocates and representative groups. That is an issue I would particularly like to highlight. We have called continuously, as have many other parties in this Chamber and all the advocacy groups that deal with people with additional needs, for that protocol to be ratified. The reality is the Government has not ratified it because that will give people a right and they will be able to take the Government to court on all of the inaction, waiting lists and failures.

These two cases demonstrate that we must act to bring Ireland’s law in line with international norms. The importance of economic, social and cultural rights must be recognised by this House and I ask that all Deputies support this Bill.

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