Seanad debates

Wednesday, 19 November 2008

Housing (Miscellaneous Provisions) Bill 2008: Committee Stage

 

12:00 pm

Photo of Pearse DohertyPearse Doherty (Sinn Fein)

I move amendment No. 5:

In page 9, paragraph (a)(x), line 35, to delete "10 of the Act of 1988" and substitute "20, as amended under this section of this bill".

Ar dtús báire, ba mhaith liom a léiriú nach bhfuil mé sásta nár ghlac an tAire Stáit agus na Seanadóirí ar thaobh an Rialtais le leasú Uimh. 3, a chuir mé siós chun brú a chur ar na seirbhísí déanamh cinnte de go gcuirfidh siad seirbhísí ar fáil ó thaobh tithíocht sa Stáit seo.

I wish to register my disappointment that amendment No. 3 was not accepted by the Minister and his Government colleagues. It was an important amendment that would provide for a rights-based approach in accessing housing services. It is clear from international best practice that where a rights-based approach is taken to public service provision, including housing, the service provision is more effective and unequal access to services is greatly reduced, resulting in a fairer and more equitable society.

Amendment No. 5 is a technical amendment which replaces a section of the Bill with a different section on the basis that amendment No. 30 would be accepted. Amendment No. 30 is the substantive amendment and applies to section 20, page 16, lines 42 and 43. It seeks to provide a new definition of homelessness. At present, homelessness is defined under section 10 of the Housing Act 1988. The definition has merit but it is far too restrictive and fails to capture the reality of homelessness.

The premise of the amendment is very simple. The first step in solving a problem lies in its definition. This applies to social policy and legislation as much as anything else in life. If we are serious about reducing and eventually ending homelessness, we must work from an agreed and comprehensive legal definition. Across the European Union, NGOs and academics use what is known as the European typology on homelessness and housing exclusion or ETHOS definition of homelessness. This includes people defined as "roofless", such as rough sleepers, people who are homeless, such as those living in emergency accommodation, and those living at risk of homelessness, whether in unsuitable or overcrowded accommodation or experiencing domestic violence.

The amendment seeks to incorporate the ETHOS definition of homelessness into law by retaining the valuable language in the existing definition while adding the broader ETHOS typology. This is the definition used by voluntary service providers across the country and by the Homeless Agency in Dublin. Interestingly, even the Government's new homelessness strategy includes a commitment to review the operational application of the existing definition in line with ETHOS, and includes a detailed explanation of the typology in the appendices of the strategy. Unfortunately, the Government has decided against the new legal definition. That makes no sense. I urge the Minister and the Members of the House to support the amendment.

Finally, with regard to the new homelessness strategy, The Way Home: A Strategy to Address Adult Homelessness in Ireland 2008 — 2013, I am deeply disappointed that the Government has not brought forward any amendments to incorporate the legislative commitments in that strategy into this Bill. In particular, I wish to highlight the need to place both the homeless fora and homeless action plans on a statutory footing as a matter of urgency. The homelessness strategy seeks to end long-term homelessness by 2010. However, time is passing quickly and if it is to be successful, it must be based on a firm and clear legal footing. I intend to bring forward an amendment on this issue on Report Stage.

I wish to stress Sinn Féin's support for this Bill. My amendments are proposed in a positive and constructive manner. My intention is to strengthen this Bill and its intent, which is to ensure better provision of housing services to those in need in order to build safe and sustainable homes and communities. The problems of homelessness can be turned around. Fianna Fáil's partner in Government, the Green Party, has been shamefully quiet on this issue and has a heavy responsibility to end the wrong of homelessness. Every night that one of our people must sleep rough is the fault of every Government Minister and backbencher. They have the power to end homelessness but they choose not to. There is no excuse.

Fianna Fáil and the Green Party must remember their political mandates and who gave them that mandate. A substantial, prosperous economy can be built only on foundations that are just and equal. The Government parties might not recognise this, but the people do. It is time the Government listened to the people. I urge the Minister to listen to my contribution and support amendments Nos. 5 and 30, which would provide for a new definition of homelessness in the Bill.

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