Marian Harkin (Sligo-Leitrim, Independent) | Oireachtas source

The Minister of State, Deputy Noonan, in defending the Government position spoke of expectation of a 10% Part V contribution and the need to be fair and proportionate. The whole idea of legitimate expectation is not legitimate, especially when it comes to the Government bringing in necessary legislation, and the Supreme Court upheld that position.

I remember a case in which the then Minister for Agriculture, Food and the Marine, Deputy Coveney, backed by the European Commission, refused to accept the principle of legitimate expectation when it came to farmers being unable to access a scheme due to retrospective changes to a previous scheme. If legitimate expectation does not hold for farmers, why should it hold for developers?

Like many colleagues, I am inundated with constituents seeking social housing. We all know the absolute need to increase supply. Recently, a couple, both aged over 70 years, found themselves living with a sibling. They have no home. They bought their own home but because of job losses in the crash, it was repossessed. There was not a lot of legitimate expectation there. The couple rented privately for many years but their landlord sold their home and now they live with a family member. They applied to Sligo County Council for social housing but they cannot even get on the list because their combined income is €31,000 and the income cap for a couple to access social housing is €26,250. They cannot buy, rents are crazy and they cannot access HAP. They are in no man's land. This example fully illustrates the need for a massive increase in social housing and an increase in the income cap to access the scheme. I support this Bill and thank Deputy Ó Broin for bringing it forward.

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