Sheila Terry (Fine Gael)

I move amendment No. 8:

In page 22, subsection (1), to delete lines 44 to 46 and in page 23 to delete lines 1 to 4.

The new provision in this legislation whereby somebody in receipt of rent supplement would be barred from living in areas designated for urban regeneration marks a movement into a new era, denying people the right to choose where they live. How constitutional is it and has the Minister received legal advice on the provision? It reminds me of Wicklow County Council's declaration that only people from Wicklow could buy a house there. I am not sure how that has progressed.

It is wrong that anybody should be barred from living in an area of his or her choice, especially those who receive any type of welfare benefit. The provision does not bar people on an annual income of more than €50,000 but those in receipt of rent supplement, which seems discriminatory. Perhaps the Minister can explain it because I do not understand it.

Some Members stated last night that this measure may be motivated by the views of private property owners. I am not sure whether it is but I can understand how private property owners might want to ensure a certain type of person lives in their area. The measure will come into play in Ballymun, parts of Cork and other areas and it seems very wrong. The measure could be barring people from living in an area in which they really want to live because they have family connections there, or because it suits them for work purposes or any other reason one would choose an area in which to live.

The Minister and I are free to live wherever we want, provided we can afford to do so. Heretofore nobody said one could not live in a certain area if one was on a low income but we will now be saying this to certain individuals. This is a backward step and it will be challenged in the courts. We need to consider this provision very carefully before we proceed. I am interested to hear the legal opinion of the Minister on this matter. I presume he has obtained a legal opinion and we need to hear it today in the House.