Sir, – Michael McDowell (“Enshrining the right to housing in the Constitution will not make the State suddenly able to solve the housing crisis – all it will do is enrich the legal profession”, Opinion & Analysis, August 2nd) is correct that a constitutional amendment on the right to housing will not in and of itself solve the housing crisis.
Even so, there are good, if not compelling, reasons why a democratically expressed referendum result, enshrining a right to housing for all, can provide considerable assistance and impetus to the incumbent government of the day in achieving a satisfactory housing policy, one providing timely access to suitable and appropriate housing for all.
A constitutional amendment, if passed, would provide the clarity of political focus, reinforced by the constitutional duty, to allocate the required resources and to implement on a priority basis the necessary measures required to realise a vision of an improved housing infrastructure, one delivering on the needs of an expanding population. An amendment is an expression of democratic determination. It supplies impetus.
At various times, successive attorney generals have advised the Government of potential private property right obstacles to various measures required to stabilise the crisis, including the temporary duration of ban on no-fault evictions. These perceived constitutional impediments, largely based on the prioritisation of private property rights, can be resolved by incorporating a positive right to housing for all in the Constitution. An amendment for housing in the 21st century can clear the way of any perceived 20th-century historical legacy of obstacles.
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A referendum on a right of access to housing would enable the Government to assess the degree of democratic support for a right to housing for all and to respond appropriately to the results of such a referendum. A constitutionally imperative duty, constitutionally enshrined positive duty to provide housing for all, will enable whatever government may be in power to prioritise the necessary remedial measures and resources to realise a vision of residential accommodation to meet the needs of all.
Focus and clarity of vision are essential in delivering on a universal housing solution. Such clarity and focus have perhaps been lacking since the housing crisis first started to exhibit itself in 2011.
A constitutional amendment enshrining a right to housing for all will also provide that confidence and reassurance required by many young people with a variety of talents who will otherwise emigrate from Ireland, being unable to establish an affordable family home in Ireland. As a society we need to deliver, meaningfully so, to the younger generation a firm commitment that that can have a future in Ireland. This involves their having an affordable home in which to raise a family and to have a secure residence.
The booster effect or “shot in the arm” effect of having a constitutional duty to motivate and to drive the incumbent Government ought not to be underestimated. We need to treat access to affordable and properly located housing as a matter of national priority and as an essential part of social infrastructure in order to meet the needs of expanding population and even to serve the needs of a growing economy.
Existing measures to as the housing crisis have been characterised by being under-ambitious, too slow and too tentative. The motivating effect of a constitutional amendment will help to drive the political will and to ensure the assembly of necessary resources to deliver far more effective solutions in order to address critically urgent housing needs.
An appropriately worded amendment to the Constitution on the right to housing can be a standing democratic instruction to the government of the day. – Yours, etc,
ANTHONY LAYNG,
Dublin 4.
Sir, – This discussion is actually nonsensical. Nobody has an a priori right to a house. Least of all does such an item belong in a constitution, unless one is happy to see our Constitution – clunky enough as it is – regrettably debased into a whining querulous schedule of aggrieved (and ignored, naturally) demands. While the causes of homelessness are easily identifiable and reasonably easy of resolution, the same will not result from knee-jerk expedients such as this currently proposed, well-meaning as its advocates are. – Yours, etc,
JOHN CULLY,
Dún Laoghaire,
Co Dublin.