Gerald Nash (Labour) | Oireachtas source

I commend Senator Lawless on raising this very important issue. I work on many issues which relate to the rights of asylum seekers and those living in direct provision centres. The Mosney direct provision centre is in my area and I am proud to say I have many friends who, unfortunately, have occupied places in that centre for far too long. Given that the Supreme Court has adjudicated that asylum seekers in this country have a right to work, albeit restricted, to ensure that right to work is fully vindicated it should surely follow that those in direct provision centres should have the opportunity in Irish law to have access to a vehicle to enable them to get to their workplace. I fully support Senator Lawless's call for the Minister to come to the House.

I raise the issue of the Flemish Decree case with which many Members, particularly those from rural areas, will be familiar. The decree was issued by the European courts a short few years ago. Essentially, it calls into question the legitimacy of Ireland's very strict and restrictive local needs rules on once-off rural housing. I deal with many cases in my own area, in areas such as Clogherhead, Termonfeckin, Monasterboice and Tullyallen, involving individuals who find themselves on the wrong side of the local needs restrictions and are awaiting a determination from the Department of Housing, Planning and Local Government on new guidelines that would reflect the Flemish decree case. We have very restrictive guidelines and many people are waiting to make decisions about purchasing sites. They may be living on the fringes of villages in areas where they are unable to buy a suitable home because none is available. The delay in the working group and Minister making a decision and issuing new guidance to local authorities means they are not purchasing sites which would enable them and their families to build the homes they need.

In response to a parliamentary question last year, the Minister stated very clearly that he and his Department would issue new guidelines to local authorities before the end of the year. However, in a more recent reply to my colleague, Deputy Jan O'Sullivan, it was clear that the Minister has kicked the can down the road once again. I sense and fear that he is afraid to make a decision this side of the local elections. Young families who are hoping to build homes need clarity and certainty on this matter. As the European Courts have suggested, our rules are overly restrictive. I understand and accept that our rural planning guidelines need to be sustainable. I think everyone agrees on that point but we are in a difficult position owing to the current lack of clarity or certainty. People in County Louth, east Meath and throughout the country seek such certainty.