Lynn Boylan (Sinn Fein) | Oireachtas source

Given that it is subject to regulations, I hope the Minister will change the regulations to ensure that interpretation is not taken in terms of HAP. How is it legal that the State in one case is treating tenants in local authority housing or that of housing bodies differently from those tenants, eligible for social housing, but who due to the chronic shortage of social housing are forced into the private rental market with a top-up HAP? This is clearly discriminatory.

I also suspect that this is in violation of the European Convention on Human Rights, particularly in respect of Article 6 and right to access the courts. I remind the Minister of State of the European Court of Human Rights ruling in the case of Airey v. Ireland where it found that it would be unreasonable for anybody to be expected to represent themselves in court but because HAP is seen as income, we are forcing people to do just that.