Any change to the Constitution to bring in a right to housing must make it easier to build homes, not lead to legal fees and compensation costs from legal actions, Taoiseach Leo Varadkar has said.
The Coalition committed to holding a referendum on housing in its Programme for Government but there is, as yet, no wording for the question that would be put to the people.
The Irish Times reported earlier this week that a major split has emerged in the Government’s Housing Commission over proposals for a constitutional referendum on a right to housing.
Concerns have emerged within the commission over the part of the Constitution where an amendment would be placed and the impact that would have on whether a failure to make good on the provision could be challenged in the courts.
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The commission is expected to deliver majority and minority reports on the constitutional question.
Speaking at a press conference in Co Louth, Mr Varadkar said he did not know if the referendum will happen within the lifetime of the Government.
He said he believed the Constitution should be amended to establish a right to housing but it is “crucial” that the wording is correct and his view is that “any housing amendment worth having must make it easier to build houses”.
Mr Varadkar added: “At the moment, you’ll see judges striking down planning permissions for new homes in the courts.
“I want a housing amendment that allows them to say, ‘Well, yes, maybe there was a technical error here, maybe there’s some issue, but now there’s a right to housing and that tips the balance in favour of more homes being built’.”
He said he did not want a situation “whereby we have people, we’ll say on the housing list, seeking compensation or suing the local authority, because what will happen then is there’ll be no extra houses but the housing budget will be diverted to legal fees and paying damages and compensation, and that’s definitely not in the public interest”.
Mr Varadkar also reiterated that the Government is still aiming to have a referendum on women and equality in November.
Questions have been raised about that timeline after the chief executive of the new Electoral Commission, Art O’Leary, said: “It is difficult to see how we could do a proper information campaign if we had less than the 14 to 16 weeks required.”
That timescale indicates that, ideally, the wording would be ready in August if the vote is to be held before the end of November.
Mr Varadkar said: “It is important that we get it right.
“When referendums are defeated, they’re often defeated because of campaigns of misinformation or extraneous issues being brought into play.”
He said he has had successful referendum campaigns in the past and had “lost a few that we shouldn’t have lost and maybe wouldn’t have with better preparation”.
Mr Varadkar said he heard what Mr O’Leary had to say and he is “not discounting that or dismissing that, and I’m going to reach out to him and meet him in September and tease these issues through”.
