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Joint Oireachtas Committee on Housing, Planning and Local Government: Constitutional Referendum on Right to Housing: Discussion (22 Oct 2024)

Steven Matthews: I welcome everybody to the Joint Committee on Housing, Local Government and Heritage. Today, the committee meets to commence our discussion on the constitutional amendment on the right to housing. This was referred to us by the Minister, who asked the committee to carry out some scrutiny of the proposed wording for the constitutional amendment. I welcome the witnesses. In the room, from...

Joint Oireachtas Committee on Housing, Planning and Local Government: Constitutional Referendum on Right to Housing: Discussion (22 Oct 2024)

Steven Matthews: That is fine.

Joint Oireachtas Committee on Housing, Planning and Local Government: Constitutional Referendum on Right to Housing: Discussion (22 Oct 2024)

Steven Matthews: Thank you, Dr. Lyons. I invite Mr. O'Flynn now to make his opening statement.

Joint Oireachtas Committee on Housing, Planning and Local Government: Constitutional Referendum on Right to Housing: Discussion (22 Oct 2024)

Steven Matthews: I thank Mr. O'Flynn. All those opening statements are available on the website now for anybody who wishes to read them. I wish to clarify a couple of items. We extended an invite to members of the Housing Commission so both sides could be represented, but unfortunately members of the commission who were not on the minority report side were unable to attend due to short notice and other...

Joint Oireachtas Committee on Housing, Planning and Local Government: Constitutional Referendum on Right to Housing: Discussion (22 Oct 2024)

Steven Matthews: I will bring Mr. O'Flynn back in a moment. That note was from the chair of the Housing Commission in correspondence to the committee. The amendment proposed by the commission in its report would be to Article 40. The new Article 40A would contain two subarticles: 1° The State recognises that having a home is of fundamental importance to quality of life and that access to adequate...

Joint Oireachtas Committee on Housing, Planning and Local Government: Constitutional Referendum on Right to Housing: Discussion (22 Oct 2024)

Steven Matthews: Okay. It is just the two reports I have. One is entitled the Housing Commission report and proposed wording for an amendment and the second report I have is called the minority report. I just wanted to clarify that there is the Housing Commission report and there is minority report. It is just for clarity. Mr. O'Connor wrote to us to outline that as well. I will go to members now....

Joint Oireachtas Committee on Housing, Planning and Local Government: Constitutional Referendum on Right to Housing: Discussion (22 Oct 2024)

Steven Matthews: That is fine. The Housing Commission report recommended wording for the Constitution. The minority report is of the view that the constitutional change is not required because there are other ways of dealing with it. However, if it is decided that there is to be a referendum, Dr. Lyons has proposed alternative wording.

Joint Oireachtas Committee on Housing, Planning and Local Government: Constitutional Referendum on Right to Housing: Discussion (22 Oct 2024)

Steven Matthews: I call Senator Cummins next.

Joint Oireachtas Committee on Housing, Planning and Local Government: Constitutional Referendum on Right to Housing: Discussion (22 Oct 2024)

Steven Matthews: I want to bring Mr. Boyle in on this matter. I will come back to Senator Cummins.

Joint Oireachtas Committee on Housing, Planning and Local Government: Constitutional Referendum on Right to Housing: Discussion (22 Oct 2024)

Steven Matthews: Thank you, Senator Cummins. I am always conscious that those participating online are at a disadvantage. I may not see a hand being raised but if witnesses switch on their microphones and indicate, I will call them. I do not know if we are going to have time to have further meetings on this topic but the committee was tasked by the Minister to look at these reports and report back to...

Joint Oireachtas Committee on Housing, Planning and Local Government: Constitutional Referendum on Right to Housing: Discussion (22 Oct 2024)

Steven Matthews: Before going to Dr. Lyons and Mr. O'Flynn, I have a question for Dr. Casey. We now have three potential places within the Constitution, namely Article 43, Article 45 or Article 40. Dr. Casey said previously that the difference between Article 45 and Article 40 was very minor and that either one could potentially provide the solution. Does he believe that original wording from Home for Good...

Joint Oireachtas Committee on Housing, Planning and Local Government: Constitutional Referendum on Right to Housing: Discussion (22 Oct 2024)

Steven Matthews: Maybe Dr. Lyons could clarify that. I am reading page 30 of the minority report. Has it been set out clearly in an article and subarticles at another place in the report?

Joint Oireachtas Committee on Housing, Planning and Local Government: Constitutional Referendum on Right to Housing: Discussion (22 Oct 2024)

Steven Matthews: Please go ahead. I had not noticed that on page 33; I just read page 30.

Joint Oireachtas Committee on Housing, Planning and Local Government: Constitutional Referendum on Right to Housing: Discussion (22 Oct 2024)

Steven Matthews: Please go ahead.

Joint Oireachtas Committee on Housing, Planning and Local Government: Constitutional Referendum on Right to Housing: Discussion (22 Oct 2024)

Steven Matthews: Okay. I thank Dr. Lyons. There is talk in the minority report about a perception of a barrier, and the concern about holding a constitutional referendum just to deal with a perception. The witnesses are of the view that the legislative route is adequate to deal with this. Without going into too much detail, what legislation would they be seeking to introduce, and what legislation...

Joint Oireachtas Committee on Housing, Planning and Local Government: Constitutional Referendum on Right to Housing: Discussion (22 Oct 2024)

Steven Matthews: There has been legislation that has been suggested or put forward either by Government or the Opposition over the past number of years where people have said it would be unconstitutional, and therefore we cannot proceed with it. There is a check to that as well. If legislation is passed, it goes to the President, and the President has an oversight role as well. No matter what legislation...

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