Vincent P Martin (Green Party) | Oireachtas source

At the heart of our considerations as legislators dealing with this issue, we must be mindful of the Constitution, or Bunreacht na hÉireann, a written document in which certain fundamental rights are set out in black and white. A number of those rights relate to the home. The dwelling is inviolable. Superior courts, again and again in their rulings and in their jurisprudence, have deemed the home to hold a pre-eminent position in our Constitution to be a place of repose from the cares of the world and pressures. Inviolability means never broken, infringed or dishonoured. While all this might seem bookish or academic, it has real and powerful meaning.

Today's world is a precarious one for the most vulnerable in society. For many, the supporting bonds of family or larger community are simply not there or are not strong enough to protect them. It is, therefore, imperative that the supreme law of the land stands strong as protector of last resort. A person may come from another part of the world and may have few, if any, possessions and no system of friends or family to support him or her. He or she may be alone. It is, however, the greatness of our system that the full power of the Constitution and laws will defend that person's home against all comers and, in so doing, give him or her some repose from the cares of the world and recognise, in some way, his or her human dignity.

I praise An Garda Síochána for the work it has done in the testing times of the pandemic. What is the motivation behind this legislation, however? Let us be honest about it. An Garda Síochána was part of the problem, although that was inadvertent. An Garda Síochána got involved in a civil issue and trespassed onto a private dwelling without the necessary court order. Members of An Garda Síochána require further and better training. I wrote to the Commissioner's office at the time and his office responded to assure me that:

An Garda Síochána appreciate those concerns and can advise you that a Policy Document specifically for evictions and eviction related events is near completion. The formulation of this policy has taken full cognisance of the observations provided by you and is, in addition, firmly rooted in the Human Rights Principles of proportionality, lawful authority and case by case risk assessment.

I would, therefore, request from the Minister, although I will liaise with his office in due course, an update to make sure there will never be a repeat of the scenes in North Frederick Street and, before that, in Strokestown.

When a landlord obtains a determination order from the RTB, for example, and in the minority of cases, if the tenants for whatever reason do not wish to vacate the property as per the order, no one - not even gardaí - should take the law into their own hands. One returns to court to get the appropriate court order. If there is still a problem with the notice to the tenant who is purportedly not in compliance, that tenant or tenants must explain themselves or purge the contempt. It is called the rule of law. No one wants it but one needs it in a society.It is as a last resort. If it takes a long time to get there, so be it as it protects the greater good. I hope this is a small step in the right direction. I hope that in the sensitive cases, they would have to go back to the court for a further interpretation or a clarification of the order to seek further compliance. I hope that An Garda Síochána, as the law officers, will take centre stage in this regard. I am delighted that those who are pejoratively termed "bouncers" or who, using more decorative language, are called "admission consultants" are now to be brought into the realm of regulation. These people are often hooded and in disguise so one cannot even see who they are. This has to be a positive although it is a very small step. In due course, I will seek an update from the Department on whether the Garda Commissioner, as promised, has brought along An Garda Síochána, who are doing their best. It might be inadvertent on their part in a pressured job but they are the leaders of law and order out on the streets. They must lead by example and we must always support them and have respect for them. Members of the Garda must be fully resourced with the proper education and skills.