Madam, - The Taoiseach recently told the Dáil that he cannot cap the price of land rezoned residential because he has been advised (presumably by the Attorney General) that the Constitution confers an absolute right to private property (The Irish Times, October 9th).
I imagine he must have been very disappointed to receive such advice. He has spoken eloquently, and indeed emotionally, about how the escalating price of development land has made it impossible for young couples to buy even modest houses, and he has pledged to extend the compulsory purchase order system to such land if it is legally permissible to do so.
However, while I applaud the Taoiseach's efforts in this regard, I am confused by the advice he has received. I and many other families will have to leave our much loved homes within the next few months because our properties lie on the routes selected by local authorities for the completion of the national roads network. My local authority maintains that it is legally entitled to evict me because that under the Constitution, the right to private property is not absolute but is rather subservient to the common good (Art. 43.2).
It would appear, however, from the advice proffered to the Taoiseach that my local authority's interpretation (and, I understand, the interpretation of all local authorities) of the Constitution is erroneous.
I would appreciate if a Government spokesperson would clarify this matter. Personally, I do not think it is unreasonable to evict families from their homes for the greater social good. However, I do think that it is unfair that I must fund the cost of finding an alternative property.
It would certainly assist my efforts to persuade the Government to adopt a more reasonable approach if I can demonstrate that it is the Attorney General's view - as implied by the Taoiseach's statement - that the serving of an eviction order in these circumstances is illegal. - Yours, etc.,
JOHN McGRATH,
Kilbride,
Co Wicklow.