Jennifer Murnane O'Connor (Fianna Fail) | Oireachtas source

I thank the Minister for addressing the House today. Fianna Fáil voted to delay this Bill to allow the housing committee to consider the report of the Constitutional Convention on this matter and other economic, cultural and social rights. Broadening the Constitution, the fundamental legal basis of the State, should be done carefully and should take into consideration the wide range of consequences. The committee is best placed to undertake that work. The most important task in addressing the housing crisis is not holding a referendum that will cost €15 million but ensuring that the housing supply is increased. The budget and capital plan are key and should be our immediate priorities.

The Constitutional Convention voted to enhance the level of protection for the economic, social and cultural rights, making them ready for supervision by the courts in certain circumstances. They also voted to highlight certain rights which should be stated in the Constitution, namely, housing, social security, essential health care, rights of people with disabilities and cultural rights, which are covered in the International Covenant on Economic, Social and Cultural Rights.

The programme for Government contains a commitment to send this recommendation to the Oireachtas Committee on Housing, Planning and Local Government. We believe this is the appropriate forum to thrash out the issues involved. It is important not to give people false hope or fall into political gestures rather than real action. To add the right to housing to the Constitution will not solve the housing crisis.

It is important to recognise that holding a referendum to insert a right to housing in the Constitution should only be undertaken with full consideration of all the issues. Most important, it cannot be allowed to divert attention from the steps to increase supply and tackle escalating rents. We need to increase capital expenditure on social housing. The social housing capital budget was €300,000 below the 2008 budget. I have significant concerns about that. This should be increased up to €400 million to ensure that extra units will be built.

A new regulatory regime should be established to allow vacant units and units above shops to be converted into residential units. This could open up thousands of units in established areas.

We need to re-establish an affordable housing scheme. Workers on ordinary salaries should be able to buy their own home. Part V of the Planning and Development Act 2000 should be amended to ensure that units are earmarked for affordable housing. This is crucial. We do not have an affordable housing system. In addition, local authorities should relaunch their own building programmes with an affordable housing element.

Practical steps can be taken in the coming months that will address the 130,000 people on the social housing waiting lists. The homeless crisis and the rental market are the major problems. The directive principles of social policy enshrined in Article 45 set out the rules and general guidance for the Oireachtas in setting out laws. However, the rights included in Article 45 are non-cognisable by the courts. A citizen cannot take the Government to court for breaches as they are for guidance only. This article would be subject to judicial review. This may transfer too much power into the hands of the courts rather than the democratically elected representatives. We all want to ensure that people have homes, but we need to ensure we have it properly thought out before we enact legislation. The proposed amendment refers to residents rather than citizens, which is the term used in other articles of the Constitution. It should be clarified as to whether this broadens out the right to housing above the other rights in the Constitution.

The Constitution Review Group report in 1996 advocated amending Article 40.3.1° to restrict wide-ranging judicial interpretation and to list out explicitly the fundamental rights contained in the Constitution. Enshrining housing rights without amending Article 40.3.1° may lead to a further extension of judicial power as the creative approach to the Constitution enables the Judiciary to widen its influence over areas currently considered the remit of day-to-day political life.

We all know people need a home, not a house. We are here to represent the people. People need a home to ensure that they and their family have stability. We need, however, to ensure we do the right thing. Fianna Fáil wants the committee to examine the proposals. I am a member of that committee and I can guarantee that I will give this a high priority.