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Seanad Éireann debate -
Thursday, 18 Jul 1985

Vol. 108 No. 18

Housing (Homeless Persons) Bill, 1983: Second Stage (Resumed).

Question again proposed: "That the Bill be now read a Second Time."

On 8 May last, when we were previously dealing with the Housing (Homeless Persons) Bill, I dealt with the question of people who were sleeping rough and I indicated that one could not force people who had made it their way of life to sleep rough to start applying for housing if the facilities were there for them to do so. Also at the conclusion of that part of the debate I suggested that when provisions would be laid down in the Minister's Bill allowing them to apply to be placed on the housing list priority would be given to the more feeble of those who have to sleep rough. This is not easy because it is difficult to get people who sleep rough to start reporting to doctors on a regular basis. For example, you cannot get them to get someone to bring them into the chief medical officer to see if they can get more points etc. That will have to be taken care of when the Minister brings in the Bill. A priority look must be taken at the weaker of those people with a view to finding some means of assessing who is the weakest in the health sense so that priority can be given accordingly.

One problem of the need to house the homeless is not so much that nobody wants to do it — though I lay the charge that nobody seemed overwilling to do it down through the years irrespective of what Government were in power — but they never got down to the point of involving the appropriate caring organisations, associations, co-operatives, etc. in dealing with this question of housing the homeless. That must be tackled now. It is not fair to the homeless to say that eventually we will be bringing in a Bill which will provide the opportunity for them to apply; but, having applied, they may then have to sleep rough for another five, six or seven years depending on what the housing situation has to offer. After all, availability of the housing stock has been affected by people acquiring the right to purchase houses, etc. Therefore, it is necessary to think about involving these caring organisations such as the St. Vincent De Paul Society, co-operatives, etc., to see if, instead of just having the homeless provided for by being able to apply, they will get something running alongside that whereby some sort of housing can be developed along co-operative lines to assist them.

We cannot repeat often enough after passing the Combat Poverty Agency Bill, that we cannot talk about poverty or anything else of that nature without including the homeless. Even though the Bill may not be specific in that area, I have no doubt that some form of recommendation coming from the agency will also include views on the question of people who are downtrodden and homeless. Therefore, it is right and proper that we continue to indicate our feelings towards people who are homeless and to continue to agitate for provision of shelter for them. It is also right and proper to talk about another kind of homeless people, homeless in the sense of lack of community.

I refer to the people who are lonely and destitute, who but for the Willie Berminghams of this society would never get a visit, people who live in holes and have no toilet facilities and in some cases their surroundings are rat-infested. They get but a few scraps of food. That sounds strange. Many people in this city will tell you that nobody is hungry or lonely, but the evidence is there if anyone is prepared to read it. Not only in this city of Dublin, but in other Irish cities people have to face loneliness, cold, hunger and depression. As Willie Bermingham says people are alone in misery and often sentenced to death.

Maybe it will be argued that the cruel conditions of the cities' tenements 65 years ago to which I referred do not now exist. Perhaps they do not, but the scale of the problem is relative to the affluence that has grown up and therefore relevant in the sense that we should have been paying more attention to it. The situation should not be at the level it is now. There is chronic isolation and people are abandoned and forgotten.

We have not had an opportunity to debate this problem since 1977 or 1978. Investigations then revealed great squalor in the city centre area where the buildings had leaking roofs and dirty rooms, no ventilation, outside taps, rats' excrement on the stairs and landings etc. That is what the report stated in 1977 and 1978. It must be admitted that Dublin Corporation are doing a great job in the inner city, but they are not getting much help from the private builders to supplement that. That is a pity. It is not a condemnation of the corporation to say that these were the facts. While many improvements have taken place, there is room for a great deal more improvement. We are very anxious to see that this is continually agitated for until finally we get a Bill that is acceptable, and we can put our hands to our hearts and say that the homeless have been really catered for, not just in the sense of being put on a housing list, which by its very procedures and demands might necessarily leave them on the streets for five or six more years.

The position may have improved a bit, but I am not so sure about that. It is probably arguable as to whether it has worsened or not. I see the Minister indicating that it has not worsened and I am glad about that. With the problem of population increase we have to keep our eye on it. Obviously if the population grows there is a danger of the problem of homelessness being aggravated. We are in the area now of a further population explosion. Therefore, it is more important that we see that there is no further aggravation of the problem and that there will not be much more delay before the Minister comes into the House with a Bill that is acceptable. In the meantime the Labour Party Senators, if no Government Bill arrives, will be supporting this Bill of Senator Ryan's.

The Minister in his Second Stage speech said that Senator Ryan's Bill as it stands will not offer a solution to the problem of homelessness. I would ask the Minister in the friendliest possible terms, "When does any Bill offer a final solution?" Legislation makes the problem less acute; then it has to be policed. Subsequently it has to be reviewed. There will not be any final solution to the problem of homelessness unless it gets the same attention as every other problem in society and is continually examined. The means by which people can be housed should be reviewed. We should see if co-operatives and charitable organisations can be helped to solve the problem of dealing with the homeless. They should be helped to a much greater extent than at present.

There was an experience some time ago — I do not think many of the homeless will be able to take advantage of it — when Father Scully built some lovely flats around Gardiner Street and very poor people were able to be facilitated there. They were subscribing a certain amount per week over a number of years before they would go in and finally some other arrangement was made. If people like Father Scully could make that kind of effort for the poorer people in this society — it was a large effort in caring, but it was small in housing numbers — it is possible for the charitable organisations, who provide facilities for people and go out of their way to get them off the streets, to do something in that area.

The main onus is on the Government. At the moment the onus to house people who are homeless falls on the special interest groups. The onus is also on them to watch for the slip backs. Diligence has ben displayed by them rather than by Governments down through the years — it is not a problem only of today or yesterday. I am very pleased that Senator Ryan brought this Bill into the house. It is sad in a way that it was not debated much earlier, but it is not something that the Labour Party overlooked. Anybody who reads the Labour Party document published about 1973 on combating poverty in Ireland will see that it was a very detailed document which covered a very broad range, the question of redistribution etc., including the provision of housing for those who could not provide houses for themselves.

I do not think there is any excuse for homelessness in a society that has progressed, relatively speaking, compared to the rest of the world. There is no justification for saying that people who are homeless or who have not got adequate shelter shall continue to be left in that way. All that has been missing down the years is the will to tackle the problem. We are told now that this Bill does not provide sufficient scope. Let us hope when the new Bill comes in that the scope will be there and the political will to take people off the streets and put them into homes will be displayed through that Bill.

There have been for a long time the ways and means of dealing with people who are homeless and hungry. I am not going into the whole question of the stock-piling of food mountains while people starve in Ethiopia. The wealth of the nation has been growing and yet we go our way and turn our faces against what is not very palatable, thinking that the problem will go away. Let us be blunt about it, without people such as Senator Ryan who focus attention on the many social evils that run through our system of society, a lot would be overlooked. It may be an irritant to the Government when the question of inequality and redistribution of wealth etc., is raised but we can come to terms with the issues by discussing them. For that reason I am very pleased that Senator Brendan Ryan introduced the Bill.

I do not want to become too emotional but unless we ensure that the system is kept under constant surveillance resulting in modifications we are inviting more criticism and a greater tendency towards disorder which grow out of the way in which society is structured and how different sections are dealt with. I will never apologise, as a member of the Labour Party, for speaking out when the redistribution of wealth is not carried out correctly and as a result of which people are left homeless. There is a weakness in the social order, avarice is rampant and we are not encouraged to listen to the voice of anger on behalf of these people. We should not neglect them because that invites the social disorder to which I referred.

I made a comment earlier about my own experience in the Dublin tenements. The charity of the people at that time was highlighted by the fact that everybody who lived in a tenement made sure that people were taken off the streets and given shelter. They slept in hallways and lobbies and were provided with sheets made from flour sacks which had been stitched together. They were provided with patchwork quilts, mugs of tea and bread. I am talking about the late twenties and early thirties and it was going on long before that. In 1985 people are sleeping out with sheets of paper over and under them. It is sad to have to be so critical of Governments in this way. I say that having regard to what took place between 1973 and 1977 during the Coalition period. I am not making a political point of this although it was a very good period. There was a social commitment particularly in their first 18 months of office. Expenditure on social services, health and education rose dramatically in comparison with other periods. It was in the region of 70 per cent, which was very substantial.

About 25,000 houses were provided through local authorities and reform of the taxation system began. In 1973 to 1977 we were actually coming to terms with the whole question of the social needs of the population and the redistribution of wealth among the underprivileged. That was a great trend. Unfortunately, other events have taken over and homeless people are forgotten.

We hope the Minister will introduce a Bill which will be comprehensive enough to give the people on the streets an opportunity to get warm and dry accommodation. I trust that when the Minister introduces the Bill it will make provision for the homeless to look forward to getting into the position where they will have a reasonable opportunity of being housed in line with every other person who has a similar right.

It would be sad if a Bill established a points system. It is sad that somebody who is weak, hungry, cold and perhaps suffering from some type of sickness, does not go to a doctor and can die on the street. I include in that the people whom I mentioned earlier, those to whom Mr. Bermingham addressed his efforts, the chronically lonely.

Sitting suspended at 12.40 p.m. and resumed at 1.45 p.m.

Those of us involved in politics, maybe not at this level but at county council or corporation level, will know of the frustrations felt by people looking for homes. It is one of the very difficult situations we get into when people come looking for assistance. No matter how you assure them that the houses will be given on merit and under the system each county devises, they still hope that by using a little political influence they will get a badly needed house. It is very difficult to explain that the house was given to somebody who was in a worse position. Everybody needs a place to stay and to have the comforts of home. While sleeping in the open air may have been reasonably enjoyable last summer, nobody wants to sleep outside this summer, not to mention the winter.

The question of homelessness is very serious. We have the utmost sympathy for anybody who is trying to get reasonable shelter. Most councils are building good houses. Speaking for my own county, we have built many quality houses. The latest housing scheme had all the hallmarks of a scheme that was well thought out. It had mature trees, the houses were lovely and the people who went into them were extremely happy about everything.

I do not know how we can get over the problem of the homeless, because I do not know how we can compel a government or a body to comply with section 3, which says "...it shall be the duty of a housing authority to provide accommodation of reasonable standard and suitable type". "I am not trying to give examples because you can keep giving examples forever of persons in need of such accommodation who are homeless or threatened with homelessness either through emergency or because of their social conditions...". I am saying that at the beginning of my contribution because as a politician who meets married couples with children who are waiting a year, two years or three years for housing accommodation, it would be almost impossible for me to agree to a Bill to make it a statutory regulation that a council must provide accommodation for the homeless.

The second part of that section says "threatened with homelessness". I am sure Senator Ryan has his own interpretation of that, but it could be almost impossible to ensure that people did not abuse that situation. We had a discussion in the Seanad sometime ago on homelessness in Carlow and I tried to explain the position as best I could. I was rather disappointed that a wonderful organisation like the Simon Community should treat me in one of its publications as a kind of buffoon who did not know what I was talking about in the Seanad. I got a letter from their very secretary, I think, outlining the position after the discussion and I had outlined to him my experience. At that time Senator Ryan was worried about the Sacred Heart Home. I explained that while it was not public, I had taken in one of these people who had left the Sacred Heart Home. He had spent a lot of time at our place and he got so fond of us that my wife was given his shirts to iron. He had left the Sacred Heart Home because of rowdyism; he would not stay there. I knew a lot of what was going on and I did not appreciate being more or less pilloried for making the gems of contribution as if I did not know anything about what was happening in Carlow at that time.

Regarding homelessness in Carlow the doorbell rang one night last year when I was sleeping and the person at the door said he had been just thrown out of his flat, with all his goods and chattels, in the rain. He gave me a telephone number to ring a relative of his who would convey a message. I went to the council to see had they a mobile home for him. At the time there was not, but I rang the relation to tell him what I had done. He told me that I had not much to do, wasting my time, that what the fellow wanted was a kick on a certain part of his anatomy which he named. He had been in a house with his brother and had walked out over some disagreement about payment of expenses.

Certainly, I do not want in the slightest to take from the wonderful work that is being done by the Simon Community, the St. Vincent De Paul Society and the Salvation Army. All these organisations do so much for the homeless in the city and it is a completely different world, I accept completely, from what can happen down the country. The homeless down the country sometimes more or less opt for it. It is very difficult to define why people opt out of any form of normal behaviour or out of society. Some have not got homes. To compel a county councillor or any housing authority to give homes to people who are threatened with homelessness would worry me. What do you do if a couple are living with their parents and the house is overcrowded, as is the case in many places? If they are threatened with being thrown out if they do not get a house soon, would they come under cover?

I would hate to be in a situation down in Carlow in which people could come to me on the basis that they were thrown out or were threatened with being thrown out and take priority over the normal list of people waiting for a house. Apart from that, I fully support the whole concept of housing people. We cannot build houses fast enough. As it is, we may not have a big waiting list, but we are in a society where people get married almost on a whim. You have teenagers getting married, immediately looking for a house and you have to house three people. Unmarried mothers are another problem for us. With the waiting list, you are invariably dealing with two people. They are outnumbered each time by a husband, wife and one child, so how do you give these housing when they will not be given a three bedroomed house? Even when you build two bedroomed houses or limited accommodation dwellings, it is very difficult to get people on the priority list unless they are living in very bad conditions, when they can be given limited accommodation dwellings, even though these are invariably for those who are advanced in years.

On one occasion when we managed to get an unmarried mother into one of these limited accommodation dwellings, the manager did not sign the order afterwards even though it had been agreed, because he felt that these small dwellings were for older people who could be given a very handy kind of house where they could end their days. The turnover would be much quicker dealing with old people, rather than giving it to a young girl who would spend maybe 50 years there, if she so decided. We would find it very difficult to deal with this kind of problem because there is this continuing demand for houses, no matter what houses. There will be 86 houses available shortly in Carlow and 68 were completed earlier in the summer. You come down almost to the end of the line where you think that everyone is housed, but we have an ongoing cycle and people are getting married without any great preparation. We prepare for many things but marriage seems to be the one thing for which we do not prepare. People are getting married at a younger age and as a result we have many more marriages and we have a much greater demand for houses.

I would welcome anything that can be done on a voluntary basis any help that can be given in the way of speeding up houses and extra grants. Many things have been done that will speed up the building of houses. I would support the Bill all the way and so would my party if that statutory part were not in it. It would be impossible to defend. I would like to compliment all the people who have worked so hard, many of them private people. This is a thing that the public bodies would want to be careful about and I am talking about public charitable bodies.

They are not the only ones that are doing a lot of work quietly. While they are publicly doing marvellous work and we appreciate it, there are other people who are in their own quiet way helping people to get along as best they can and, deep down, last Saturday proved that charity, kindness and generosity is a trait that we have still, despite all the trouble we have in our country. So many people are willing to help out, and if this Bill is amended we will have a Bill that will be able to help the people who are in difficulty and at the same time will not put those who are on legitimate housing lists in difficulty and put us in local authorities in difficulty as a result. Go raibh maith agat.

I want to intervene just to let the House know the up-to-date position and I am glad to be afforded the opportunity of saying a few words here today. First, I would like to thank the House for the way they have dealt with this subject. It has been a very constructive debate on the homeless and it is important that this matter be examined in all aspects. When the Minister spoke last May, he informed the House that he had received the Government's approval to the draft Housing Bill which would meet many of the objectives of Senator Ryan's Bill. Since then, the Minister has put the text of the Bill to Government, prior to circulation, the Bill, I regret, has been to some extent a victim of the sheer volume of Government business in recent weeks. I want to say here that a decision on the Bill is imminent. As I say, the Bill is ready. It is just a question of getting Government approval. Therefore, it is appropriate to have this debate in advance of the Bill.

The Government have made it quite clear throughout this debate that we are concerned with the position of the homeless persons in our society and are committed to improving their position through access to local authority housing and all other schemes as well. I do not think we should just look at the whole question of the homeless on the basis of local authorities tackling the problem, because we are all aware of the many things that are happening. Indeed, my Department now give grants of up to £16,000 per unit for voluntary bodies who wish to go into the area of housing people, particularly those who are homeless. I am always one who supports voluntary organisations and voluntary bodies because if we ignored them society would be very much the poorer.

We are fortunate to have so many people in our society who are prepared to work for and to help those who are less well off. We had an example of the type of spirit that permeates our society. Only last weekend, when we had pop groups of the world putting on shows both in the States and in England we saw the way this country rose to that magnificent occasion. That is something we should not stifle. That is something we should encourage as far as we can. I know that is the spirit of Senator Ryan who put forward this legislation.

In the whole area of homelessness it is well to remember that there are various types of people who require different types of accommodation. Some require local authority accommodation and others require accommodation of a communal nature where they would feel more at home living with others in hostels that are well run and have a high standard of living. There are other people who require more intensive attention, people who, for various reasons, find it difficult to mix socially with others. We cannot look at the problem of the homeless on a one-tier basis. We have to look at all aspects to ensure that we are catering for people right across the board.

The travellers are one such example. Some of them want halting sites, others want group housing and others want housing within the community. This is a typical example of what you have to contend with. One cannot just draft legislation and make laws and expect people to respond. What we have to do in any legislation is to be responsive to the needs of the various types of homeless people. I have no doubt that is what we will do when our legislation comes before both Houses in the next session. We have the spirit and will to implement that legislation. It will solve the problem.

The one thing we can be reasonably proud of is our housing programmes, and particuarly our local authority housing programmes. When one reflects back, say, 50 to 60 years ago in our large cities, and particuarly in Dublin, there were probably the worst slums in Europe which have all been replaced by very good housing. I was told only recently that in one particular part of the greater Dublin area they are finding it difficult to get people on their lists to occupy houses that were finished. That is a very useful step. The £5,000 grant for people who move out of local authority housing will also make more accommodation available and that is important. In other words, we have to provide and make available accommodation and that is being done.

In the Dublin area a couple of years ago housing applicants had to go on the list and wait for a period before they could be housed. Recently I have come across a few cases myself, where people who were homeless were housed immediately. I know of a lady of 78 years who returned from England and was housed immediately. These people had not to go through the rigours of going on a list and waiting and that is heartening. It is not the perfect solution but there is progress in this area. We have to work towards developing the kind of housing structures in the various areas so that when there is a need we will be able to fill it. It is my view that we should involve the various bodies who are at present working in the area of housing. There are various trusts such as the Iveagh Trust involved in this. We should consider if we can making the communal areas more comfortable so that people can call them their home. For many people the hostel is their home and has been their home for years. That is their form of life. We should improve that accommodation with the grants being made available.

Our Bill is imminent. It will be circulated shortly and I have no doubt it will meet the needs of people. It is important that we do not upset the balance of the existing lists. We must ensure that we do not encourage people to make themselves homeless in order to jump the queue. Nobody would agree with that. There is a sense of fairness in us all and we will have to ensure that whatever legislation emerges it will not happen and will not be allowed to happen. Obviously, much will depend basically on the housing authority in the particular area dealing with this because they will be the judges. We will have to leave it to some degree like this. I know that Dublin Corporation at one stage when people were to be evicted through no fault of their own used to house them in good accommodation prior to their eviction. Unfortunately, people found it profitable to make themselves homeless to get the kind of housing they might not have got had they remained where they were and the corporation then had to take a different view. You have to take these things into account without getting away from the spirit of wanting to ensure that those who are genuinely homeless and who require accommodation will be accommodated to suit their needs.

I accept the spirit of the Bill but there are points in it that I would not accept. We will be bringing the Government's legislation before both Houses of the Oireachtas in the next session. I have no doubt it will be well received and that it will meet the needs of people. Most Senators in their contributions indicated the need and desires of these people. The Bill will enshrine the feelings of the Members and I hope it will rid us of the problem of people being homeless. We are not necessarily waiting for legislation. We have asked the Dublin Corporation to house homeless people and they have housed over 100 people in housing units. The local authority should be given credit for that and I hope it will be repeated across the country. All of this will achieve what we want, namely, the homeless to be housed quickly and adequately.

I do not intend to speak at length but I feel the occasion should not be allowed to pass without making a number of comments on Second Stage both on the Bill itself and on what it contains and what it omits. It is also reasonable to speak on the climate which has given rise to the situation where we are discussing this Bill on the last day of this parliamentary session.

First, the Bill should be welcomed. It is as well that the Legislature should address this problem, which is a very serious one and try to resolve it within the legislative framework which will take into account the rights of people who are looking for accommodation under the various guises in which people look for accommodation. Some people look for accommodation because they have nowhere to live, they are sleeping rough. Other people look for accommodation because they are in accommodation which is inconvenient, unsafe, overcrowded or otherwise unsuitable. All these people have their rights and privileges. The balancing of those rights is really what the question of providing houses in the public sector is about. The Government are to be congratulated on the various initiatives which they have taken in the public housing sector. In particular they are to be congratulated on the initiative which has encouraged the vacation by people of local authority houses for private houses, taking advantage of the generous grants now available, thus releasing additional housing stock for people in genuine need of houses.

One has to recognise that housing is something which is cyclical in nature. In other words, a person's housing needs in their twenties, thirties and forties and when they are in their sixties are entirely different. There has been a natural reluctance to recognise this in public housing authority terms. The house which is suitable for a family with young children is not necessarily suitable when those persons get older. The difficulty of insisting on moving to different sized accommodation, with the reduction in the size of family, the disruption which would take place there, is something which would be alien to our way of life and would be more suitable for, shall we say, the Soviet way of life. It is as well to point out that in the Union of Soviet Socialist Republics it is a common feature of their housing policy that, when a person sets up residence in an area with a particular size of family that enforced leaving of that housing, as the family reduces in size later, is a feature of their housing policy. That is something we have to consider because it all has an effect on availability of accommodation.

In our case the overwhelming majority of people would say that people resident in particular accommodation acquire a right to that accommodation, a right to reside there, even though their family circumstances might have changed. These are things we have to take into account in deciding our priorities. The Government have made a good start on that aspect by encouraging mobility but while encouraging mobility we should not insist on it; it leads to totalitarian excesses quite unacceptable to our people.

While the Government are to be congratulated on that — the Minister will recognise that if somebody starts off by congratulating the Government they always end up by saying "but"— the way the Government have treated this Bill is nothing short of disgraceful. To have a fourth Minister come in to make a contribution on the Second Stage of this Bill is nothing short of scandalous. It is true to say that the contributions have been excellent. I have agreed with the thrust of their arguments. I agree with the Government policy in the matter. This Bill is riddled with inconsistencies, represents a philosophy with which I certainly do not agree, and with which I do not think either party in Government agree. But that is not the same thing as saying that the Government should send in a succession of speakers, one more intellectually convincing than the other. They are all saying the same thing — that the idea is good, it is a good Bill, but that the details are unacceptable. I do not think it is acceptable that any Minister in charge of a Department should allow two years to elapse in an area like this without taking some action to remedy such a defect. Perhaps it was the Government view at one stage that it was not possible to remedy this defect. Then they should have said that; they should have said "We cannot produce a Bill". But they have been saying for two years that they are producing a Bill and they have not done so.

I do not think we should be depending on the embarrassment which a vote at the end of the Second Stage of this Bill might cause those of us who believe in housing the homeless. Obviously we would have to consider the principle which we accept should be established on the one hand and, on the other hand, we would have to consider the obvious defects in this Bill. We would have to balance those and decide which way we are going to vote on it.

It is not acceptable that the Government should leave us in that position over a period of two years and have a series of pingpong matches between the Leader of this House and Senator Brendan Ryan as to when the Second Stage was going to conclude. I have the greatest sympathy for both participants in that long-running saga because they both had a legitimate point of view. It is reasonable that the Government should produce legislation at this stage. I do not think the Minister seriously considered at an early enough stage — no doubt he is doing it now — the implications of this Bill or what alternatives should be put to the Houses of the Oireachtas for their consideration.

That having been said, the Bill is an appalling piece of nonsense. It has been produced by having taken the corresponding legislation in Britain which is the Housing (Homeless Persons) Act, 1977 omitting large sections of it, taking large sections of it and copying it slavishly without any consideration being given to the overall policy implications of the passing of the Bill. I recognise that Senator Brendan Ryan is an open man, he will accept amendments on Committee Stage. I suppose it would be unreasonable to expect him to produce a Bill which was not capable of being amended. I am not really talking of amendments of the kind that we make from time to time to Bills here a comma here, a full stop there or an additional clause here. I am talking about the fundamental philosophy in the Bill and the fundamental philosophy in this bill is nonsense and should be shown to be nonsense. The fundamental philosophy appears to be that everybody is entitled to a house at any time no matter what his circumstances, no matter what the circumstances which gave rise to his present condition, or no matter how many times he has got a house in the past, left it or abused it or not paid rent for it, or done anything else. One cannot run a society like that. Anybody who thinks one can run a society like that is living in cloud-cuckooland.

I am and I am here.

If Senator Ryan's interpretation of cloud-cuckooland is Seanad Éireann it may well be that he is right. A measure of the cloud-cuckooland in which we are living, or which this Seanad represents, is in the fact that we have taken over two years to come to terms with what is a poor piece of draft legislation. I agree with him in that regard. We should have had the courage initially either to accept it in principle on Second Stage for the purpose of going on with it and amending it very fundamentally or, alternatively, voting it down. I would not rally mind which as long as I was sure that there was going to be amending legislation in the event of us voting it down.

This is a most extraordinary measure and in order to explain how extraordinary it is it would be necessary for me to explain what is actually the situation in Britain. Under the Housing (Homeless Persons) Act, 1977 in Britain the same concepts are considered the same problem is addressed as is attempted to be addressed by Senator Ryan in this Bill. First of all, a definition of "homelessness" is arrived at. That definition of "homelessness" is then applied and is taken as the basis for a series of administrative actions which are necessary as a result of a determination to that effect. Leaving aside the question of who is homeless, the actual definition, it is very interesting to see what is supposed to happen in the United Kingdom if somebody is taken to be homeless, on who is threatened with homelessness. The British Act says that inquiries shall be made; it does not say you give them a house automatically and that is what our Bill says. Our Bill states that basically no matter what the circumstances you give them a house or dwelling. Under the British Act they first of all make inquiries to establish what they call a priority need. "Priority need" would essentially mean people with dependent children, people who are threatened with homelessness as a result of an emergency, such as flood, fire or other disaster, or a person who is vulnerable with respect to old age, mental incapacity physical handicap or something like that. These are priority cases. An additional fact is that pregnant woman is also a priority case. They are all reasonable priority needs.

The second question that needs to be asked is: has that person become homeless or threatened with homelessness intentionally? That is the kernel of the British Bill: you have to establish whether a person has become homeless intentionally. According to the answers to those questions various administrative actions are required to be taken. But only in the case where a person has a priority need, and when a person has not become pregant, is not homeless or threatened with homelessness intentionally are they entitled to permanent accommodation from a local authority. They must meet those criteria.

There are all sorts of subsidiary sections in the British Act but the basic thrust of the United Kingdom legislation is that one gets a house if one has a priority need and if one is not intentionally homeless or threatened with homelessness. That appears to be a very sensible compromise and it seems to work reasonably well. There are problems with the United Kingdom legislation. Quite a number of judicial interpretations have been necessary as a result of it. I have had the opportunity of reading quite a number of them. By and large the judicial interpretations have confirmed the overal thrust of the legislation and have confirmed the fact that it can work.

There is an additional criterion which is interesting, that is, the actual allocation of responsibility for the individual between local authorities. That is basically to ensure that a person cannot just go to to a different part of the country and pick and choose from any local authority in the country without any reference to his previous history just because he happens to be homeless and he or she has a priority need. Obviously that would not be a sensible arrangement. But in the legislation which is before us today that will be the situation. If a person in Dublin was homeless they could decide to apply to Kerry County Council and Kerry County Council would be under statutory obligation to provide them with a dwelling. It is ludicrous.

If the defects in Senator B. Ryan's Bill were as a result of accidental oversight on his part and were such as could be remedied on Committee Stage, I would accept them and probably would not even comment on them or do so in an offhand way. But these are the result of policy decisions by Senator Ryan in introducing this Bill. These policy decisions are the result of very confused thinking. For example, in the Irish context, there is a definition of homelessness in section 4(1) (a) which states:

For the purposes of this Act, a person shall be regarded as homeless and in need of accommodation when the housing authority is satisfied that—

(a) he or any person who might reasonably be expected to reside with him (i) has no accommodation and is vulnerable as a result of old age, mental illness, handicap or physical disability, pregnancy, or other special reason and/or (ii) has no fixed abode and/or (iii) is usually resident in common lodging houses, refuges, night shelters or hostels....

and then subsection (c) states:

(c) his accommodation consists of a movable structure, vehicle or vessel designed or adapted for human habitation and there is no place where he is entitled or permitted both to place it and to reside in it.

That is a nice way of saying that these are travelling people of one kind or another, in addition to people who are living in temporary accommodation or vehicles of one kind or another.

I have no objection to such people having a statutory right to have houses. They should be considered under exactly the same criteria as anybody else and, if they have children, they should get priority. But a 35-year old man living on his own in a caravan with a substantial amount of money would be perfectly entitled to demand a house from a local authority under the provisions of this Bill.

What about section 3, line 30?

Section 3 states:

Subject to the provisions of this Act, it shall be the duty of a housing authority to provide accommodation of reasonable standard and suitable type for persons in need of such accommodation who are homeless or threatened with homelessness either through emergency or because of their social conditions and whose means are inadequate to provide such accommodation for themselves.

Therefore, where does the substantial sum of money come from?

Anybody who is not in a position to buy a house for themselves could still have a substantial sum of money while living on the side of the road. In my opinion that person would be entitled to accommodation under this Bill. What is the right about which we are speaking? My definition of the right about which we are speaking is the right to accommodation, the right to a dwelling. But, like all rights, it is not an absolute one. What Senator Ryan is seeking to establish is that it is for all practical purposes an absolute right. The right to accommodation is a right which like most of our rights, must be subject to a number of conditions; even the right to life itself is subject to conditions. One of the conditions it must be subject to is how the person behaves. Under this Bill — Senator Ryan may feel perfectly free to interrupt me if I am wrong — if a person who is in need of accommodation is housed by a local authority, after a period leaves that dwelling and, as a result of leaving that dwelling, becomes homeless again, he or she is entitled to be housed a second time. If they leave a second time they are entitled to be housed a third time, and if they leave a third time they are entitied to be housed a fourth time. Not only are they entitled to be housed but they are entitled to be housed by a local authority of their choice. For example, if they are not satisfied with Dublin Corporation they can go to Kildare County Council and they can go the third, fourth, fifth, sixth time. That does not make any sense at all.

What Senator O'Leary is mostly reflecting is his own class bias against the homeless. He assumes they are different from himself. When people have a house they do not leave it.

An Leas-Chathaoirleach

Senator Ryan and Senator O'Leary should recognise the Chair. They cannot decide across the floor whether this legislation is right or wrong. There are no two better Senators to tell me when I am not being relevant.

I was speaking through the Chair and if it was not apparent I will make it more apparent. With regard to the question of whether or not I am reflecting my class bias, of course I am reflecting my class bias; but I would like Senator B. Ryan to make further inquiries as to what my class is.

I know what the Senator's class is.

The Senator does not because he does not know where I was born or my circumstances.

That is not what determines the Senator's class.

An Leas-Chathaoirleach

Senator Ryan should allow Senator O'Leary to continue without interruption.

What is wrong with Senator Ryan is that he has a totalitarian analysis of life which means that anybody who does not agree with him is an enemy. I do not think Senator Ryan is an enemy of mine.

Senator O'Leary is a good friend of mine.

I do not think Senator Ryan is an enemy of mine just because I do not agree with him. But this Bill, as presently drafted, will permit people, without examination of whether they have cause or not, to apply for successive dwellings in different parts of the country without any limitation. If anyone can tell me that that is sensible legislation, then I would like to hear the rational explanation of it.

Is Senator O'Leary going to insist that——

(Interruptions.)

Why not, if you are in favour of this examination as to whether people are responsible for their own situation. Why not blame single mothers?

An Leas-Chathaoirleach

We are now on to a Committee Stage discussion.

It is a fair point. Senator Ryan has identified a class of people to whom for some reason he attaches blame. I do not attach any blame to these people.

That is not fair. That is not what I said.

That was the implication. I do not attach any blame to them and if I do attach blame to them I attach it as much to the men responsible for their pregnancies.

(Interruptions.)

The reality of what I said remains. People are entitled to have their applications considered regardless of whether or not they have paid or have been in any way responsible for their present situation.

The Bill as drafted contains an interesting section, section 9. It gives power to a local authority to make a reasonable charge for the accommodation which they propose to allocate. That is fair enough. It does not say what will happen to the person if he does not pay the charge. It just permits the local authority to make the charge. If the person refuses to pay the charge and as a result is put out of a dwelling, it does not say that he or she is not entitled to other accommodation. So it gives the power to charge, but it is a toothless power because people can ignore it.

The defects in this measure are fundamental. It is defective in so far as it fails to take into account the circumstances which gave rise to the homelessness or the threatened homelessness in determining either a person's entitlement or a person's priority for housing. That is very serious. I will give a practical application of it. Most Senators will be aware that local authorities have lists of people who require housing. The local authorities have different priorities. In some places they have a points system and in other places it is not the points system. For example, people in overcrowded conditions have a certain priority and over a certain period they become eligible for housing and are housed.

It happens very often that people are inadequately financed on the occasion of their marriage, they live with their father and mother, children come along in the normal course of events and as a result of that the house or dwelling becomes overcrowded. In due course, because they are overcrowded and because of a combination of the overcrowding and the length of time they have applied, they become entitled to be considered for public authority housing. No matter how long these people are on the housing list they will be put below every person who could be categorised under this Bill as being homeless or being threatened with homelessness irrespective of the fact that people might have had a quite adequate house provided by a local authority and might have left it either because they did not pay their rent or went on a six months holiday somewhere else. When these people come back, genuinely homeless, irrespective of fault they would have priority over the people who had stayed for the whole time and who were bona fide applicants on the basis of overcrowding for rehousing by the local authority. That does not make sense. That is encouraging those unfortunate people who were there in the first place to make themselves homeless so that they can jump the queue. That is why I agree with what successive Ministers have been saying when they have come in here. That is the point they have been making and I agree with them. It makes no sense at all.

Ordinary persons looking for a local authority house and who are not willing to go to the extreme length of making themselves homeless, will have no opportunity of getting accommodation or will only get accommodation when there is an absolute surplus of accommodation on the market. People should realise that it is very difficult to have a surplus of houses, because the demand increases to fill the available spaces. There are family units that are very happy living together but if additional accommodation becomes available they might apply for it. The way in which the relative merits of people in different categories are judged at present and the way in which they are given appropriate weight will be turned head over heels if a Bill such as this becomes law.

I am not against homeless people being accommodated. I am not against people who are sleeping rough being accommodated. I am not against people who are sleeping in hostels being accommodated. I am in favour of all that and I am in favour of there being a duty on the local authority to house them, but I am not in favour of expressing that duty in such absolute terms that it can be abused and can be used as a mechanism for overcoming the legitimate priority schemes which are an integral part of the duty of the housing authority.

It is right and proper that we should have a Housing (Homeless Persons) Bill. I am in favour of the principle of the Bill and I am happy to support the Bill on Second Stage but as far as I am concerned, I could not support the further processing of this measure without the most fundamental amendment to it. It is necessary to establish a proper scheme of priorities which will take into account the conflicting rights of those who are homeless through no fault of their own and those who are homeless through their own fault and those who are living in unsuitable accommodation but are not homeless. These are the priorities that will have to be established. This Bill totally fails to tackle this problem. It seeks to give additional unfettered rights to one group of people but it fails to recognise that in doing that it is taking substantial rights from people who already have them and in doing so it is doing a great disservice to that section of the community. I am quite happy to have the Second Stage of this Bill taken and I certainly will not oppose it, but I will not support the Committee Stage of the Bill without the most fundamental change being made to it. A fundamental change is necessary in order to preserve the proper balance between the rights of those people who need houses but who are not homeless and those people who are homeless either through no fault of their own or are homeless because of some action or series of actions for which they must themselves accept ultimate responsibility.

I congratulate Senator O'Leary for at least injecting a little life into the debate if nothing else. Whether he injected any sense into it I will deal with in a moment.

It is so long since we started that I do not know whether I should go back to December 1983 — or was it November 1983? — to the original introduction of the Bill. Since this is quite likely to be the only chance in my career as a Senator, if not in my career in politics, in which I will reply to the Second Stage of a Bill which I introduced, I will probably indulge myself a little.

I am very grateful for the amount of wisdom that many Members of this House, particularly members of local authorities, have contributed to the debate. I am very sorry if something that the organisation I am associated with said gave offence to Senator Browne. I cannot remember the publication so I cannot say if I agree or disagree with it. I am sorry he felt offended by it. I will check it up and I will tell him privately or publicly whether I thought he was unfairly treated or not.

I listened to almost all of the debate. I was absent for some of it because I was on a committee which was making decisions. There were different emphases on different things. I will come back to the general principles of the concern. It was an interesting and an educational experience for me to hear members of local authorities in particular talk about many of the problems that they had encountered and many of the fears they had about this legislation as it stands. Many of the more rational objections that Senator O'Leary had were reflected, perhaps less colourfully and less articulately, by many Members of the House. I do not think anybody else would have thought of some of the objections he articulated. He raised questions about a number of aspects of the Bill which are not as fundamental as he said they were.

The original intention of the Government was to move an amendment to have the Bill rejected on Second Stage but, thanks to the strong feelings expressed by Labour Party and Fine Gael Party and indeed thanks to the support that Fianna Fáil Senators expressed for the principle of the Bill, the first achievement of this Bill was to get the Government to change their mind and to decide not to, at least in principle, oppose the taking of the Bill. A large number of very effective and very vocal voluntary organisations added their support outside this House to the need to have this Bill taken at least in a positive spirit, if not accepted in full. We had a couple of very interesting days in which a considerable number of promises were made to me privately by members of the Government most of which have subsequently been broken if not in spirit at least in terms of time.

I will come later to the most flattering of experiences — the four Ministers who spoke on the Bill and their various comments. I will deal with their remarks later because most of what they had to say — I do not mean to say this in any offensive way — was quite similar. They emphasised their support in principle but asked many questions about the Bill. I will deal with them later.

Senator O'Toole was quite rightly concerned about the costings on this. I will deal later with some of the figures, not ones that I produced but which the Minister for Labour produced about the possible costs. Senator Howard made the very interesting comment that the voluntary section in this whole area would have to be protected and not be swamped by a fairly overwhelming State involvement. Given the nature of State involvement I do not think there is any fear of the voluntary organisations being overwhelmed or swamped in the near future. I suppose this is as good a time as any for me to compliment the Government on the couple of initiatives they have taken in the area of housing recently, particularly the new scheme of assistance for voluntary organisations, which is very welcome. I suggest that the ceiling of £16,000 is a little bit too low for many voluntary organisations; I do not think it would cost a lot more money to give a ceiling which would make the objectives of the Government's provisions more feasible.

Senator John Robb gave us a very colourful and moving account of his experience of the problem of homelessness. We had the experience all through this debate of Senators moving from expressions of great compassion to stories and indeed perceptions of the homeless which seemed almost to give the lie to the compassion they were displaying in the way they generally addressed the problem. They attributed attitudes to homeless people, to their families and to their children, which in many cases were close to being subhuman. The idea of people putting their children out on the side of the road in order to improve their housing is quite blatantly offensive to many people I know. I do not know of many people who are prepared to take the risk of sleeping on the side of the road unless they have a serious drink or other problem.

Senator Magner repeated the Minister's assertion that the Bill was so defective as to be unworkable. A number of such assertions were made. Senator Fitzsimons supported the Bill in principle. He was a bit offended about some remarks I made about Meath County Council. I would point out that I simply quoted the results of a written communication received by somebody else from Meath County Council. Senator Bulbulia placed great emphasis on the provision of hostels. I would like to make it perfectly clear that a hostel is not, cannot and will never be a home no matter how brightly lit, how well provided, attractive, modern or up to date it is. A hostel lacks certain characteristics. There was quite an important court case in Britain in which it was asserted, in terms of an interpretation of the Homeless Persons Act in Britain, that a hostel could never be interpretated as a home and that anybody living in a hostel or night shelter was by definition homeless. While I fully agree that hostels should be bright, cheery, comfortable, warm and welcoming places, they should not be and should never be seen to be an alternative to a home. They are not a home. They are shelter from the night, from the cold and from the elements, but they are not homes. There is a very fundamental difference involved.

Senator McGuinness was, as I have come to expect, very positive and very supportive of the Bill. Senator Deenihan raised the very important question of youth homelessness. When we debated the Costello report on services for young people the Minister of State responsible, Deputy George Birmingham, referred to the issue of young homelessness and promised there and then to confront the problem head on. I await the confrontation with some interest. So far I have not seen any signs of it. The problem of homeless young people as distinct from the problem of homeless children, which is a separate issue, is an increasing problem and one that needs to be dealt with firmly and creatively. It is not the same as the problem of homeless middle aged and older people. We are talking about the category of young people aged between 18 and 30 years. Whether some Senators like it or not there are many homeless young people. They are homeless largely because of the extraordinary non-integration of various areas of the State services. For example, there is the inadequacy of the supplementary welfare rent allowance provisions; the fact that a young unemployed person living at home in many circumstances does not qualify for unemployment assistance, or for very little, and, as Senator Lanigan mentioned, is often pressurised into leaving home in order to qualify for unemployment assistance, and then discovers that unemployment assistance is not enough to rent any sort of accommodation in the private sector. He goes looking for a rent allowance and discovers an unwilling, unsympathetic or in some cases uninterested community welfare officer who begrudingly gives the official maximum which is £5 and forgets to tell him that it simply takes a telephone call to the Department of Social Welfare to increase that allowance to £15 or £20. Therefore, a category of young homelessness is created with a series of consequential problems for Irish society caused by homelessness.

Senator Ferris said that it is difficult to come to grips with the core of the Bill and that there was, as a number of Senators have said, the question of how to give priorities to some groups without pushing other groups further down the list. A number of questions can be asked about that, many of which relate to whether our present provision for housing, given the fundamental role of housing in alleviating a whole range of social problems, is adequate. Decent housing is a provision which can alleviate a number of social problems from marital breakdown through drink and drug-related problems to problems of crime etc. Therefore, if you are to become involved and if there is a problem about priorities, it needs to be addressed in the context of whether we are spending enough money on housing generally as a people and whether we have really our national priorities right.

Senator Ferris and a number of other Senators raised the question of whether families would be refused priority, and the mobile nature of many homeless people. Later I will refer to some British statistics on that matter. A number of Senators, including Senator Ferris, identified the important fact that there is almost a difference in kind between rural homelessness and urban homelessness, that two different kinds of people are very often involved and that there is a new and growing problem of urban homelessness, not just in this country but in Western Europe and particularly, scandalously so, in North America where the number of homeless is estimated to be a million people. Even with a far more restricted definition of the term than that contained in my Bill, there are estimated to be a million homeless people in the US, most of them a product of the present benevolent administration's policies.

Senator Ferris promised last May that the Government legislation was pretty imminent. That was his best information then. I do not blame either Senator Ferris or Senator Dooge for their promises about Government legislation or for their understanding. I know they reported what was promised to them. The thing about which I agree with Senator O'Leary most was, of course, his castigation of the Government's delays. It was a very painful experience. Senator Ferris, generally speaking, referred to the defects of the Bill as identified by various Ministers.

Senator Cregan mentioned Cork. I think I am quoting him correctly as follows: "I am reliably informed that any person who seeks long term accommodation and is investigated will be provided with accommodation within four to six months in Cork". Nevertheless, I would be interested to know how many people under 50 have been accommodated by Cork Corporation if that is the case. If you define the problem sufficiently precisely by, for instance, imposing a 55 years lower age limit on those who can be accommodated, then possibly it is true. If you define the problem in terms of families you can be restricted further, but the basic question arising in Irish society is of an increasing group of homeless people who are not old in the sense of being over 55 and who are becoming to some extent chronically homeless because of the extraordinarily high rents in the private sector and because very often they are excluded from local authority housing. Some of them are becoming victims of the most appalling private rented accommodation imaginable.

Senator Cregan raised the issue of why we cannot put people into the private sector and subsidise them. It is an interesting issue and I will come back to it. I am not a great enthusiast for privatisation but it seems to make a great deal of economic sense if you can put somebody into a private flat and pay a subsidy of £15 or £20 a week. The alternative is to put somebody into local authority accommodation and provide a subsidy of £40 a week, particularly in the category of the single homeless who usually do not need much more than a good, comfortable, properly equipped bedsitter. Senator Cregan quite legitimately contrasted the supplementary welfare subsidies which are officially at a maximum of £5 a week with the subsidies that are available to people who come under what was once the rent controlled sector where the subsidies can be as high as £30 a week. One of the anomalies is that because of yet a further constitutional assertion of the vast rights of private property in the State, one sector gets subsidies of up to £30 a week and many other sectors are limited to a maximum of £5 a week. It is quite extraordinary.

Senator McDonald complimented the Minister of State on the progress that had been made. That was in December 1984. I wonder if Senator McDonald will still be handing out compliments to the Minister of State when we are into July 1985 and no further progress is reported.

Senator FitzGerald raised a characteristically Irish problem regarding a very important document, the report of the ad hoc committe on homelessness, which one would have thought would have been almost compulsory reading for everybody speaking in this debate. He found it almost impossible to get his hands on a copy and initially had to rely on my copy which I lent to him, and then after a two months delay the Department of Health finally surfaced with a copy of the report. It seems still that the report, which contains policy recommendations for local authorities and health boards, is virtually unavailable and very difficult to access. I do not know if there is even a copy in the Library of the House. It is quite extraordinary because this is quite a good report. It is very conservative, very cautious. It reflects the preoccupations of its authors who are mostly administrators and public servants working in the area and it is understandable that they would be very cautious in their proposals. Nevertheless, it represents a clear analysis of some of the problems and a clear attempt to respond to them.

Senator FitzGerald also raised the question of the private rented sector and what could be done in that area, first of all, to protect those who depend on it and also to deal with the problems of people who are homeless and how they could be related to the private rented sector. He asserted that the Eastern Health Board provide considerable subsidies to hostels in Dublin. The only one I know about is the Dublin Simon Community who get less than 3 per cent of their running expenses from the EHB. There may be some hostels which get more from Bruce Springsteen than they get from the State but there may be other hostels which may be more generously subsidised.

I liked very much, when I read if I did not hear it, Senator McGonagle's speech which reflected his experience in local administration in Northern Ireland. He made a point which is the best reply I can give to a number of criticisms. It was that anybody who is homeless must be treated as being in the category of an emergency because of the damage that homelessness can do and does to people, and if people who are homeless are in the category of emergencies then they should have the right to immediate accommodation. I emphasise that accommodation is not necessarily, exclusively or primarily local authority accommodation. It is simply a question of the right speedily to accommodation of a reasonable standard. It does not have to be a local authority flat or a local authority house.

Senator Lanigan, understandably given that he is the Opposition Leader here, addressed himself to what he saw as the humbug of discussing a Bill which would never be passed and the humbug about the Government apparently using this debate to postpone any action on their own part. He mentioned something I mentioned already, which is the dreadful position of young people under the social welfare code which virtually pressurises many of them to become close to homeless in order to qualify for unemployment assistance.

I liked Senator Harte's and Senator John Browne's remarks. I have already referred to things that hurt Senator Browne. I am glad that he acknowledges the question of homelessness as a very serious problem.

For Senator O'Leary's information, I regard him as part of that class in Irish society who benefit from the way society is organised in terms of having access to wealth and to power as distinct from that class in society who have access to neither. Basically Irish society, and indeed the Houses of the Oireachtas, operate to look after the interests of those who have wealth and power.

What class does Senator Ryan belong to?

I would probably qualify as being close to the same class as the Senator.

The Senator is in the same class. If he can be objective, why cannot I?

That is reflecting Senator O'Leary, not me, with all respect. I am quite capable of defending my own——

The Senator said I was reflecting only my prejudices. If I cannot be objective because I am in a particular class, neither can he.

I think I have learned a little bit about the nature of my class. Basically I would put it that I depend for my income entirely on a salary and a job. I do not own property.

Senator Ryan to conclude, without interruption.

Senator Ryan will continue anyway. I expressed my view. We can discuss it perhaps later, publicly or privately. Senator O'Leary said that the Bill was appalling nonsense and he used the words "cloud cuckooland". He seemed to think that the Bill would give a statutory right to virtually everyone to be housed. I do not know what Bill he was reading because he definitely was not reading mine. There are a number of provisions in the Bill, but the one which has been so often ignored, both by Senator O'Leary and by three Ministers, is the reference to people whose means are inadequate to provide such accommodation for themselves. I cannot make it clearer than that. There is not as it stands an obligation on local authorities to use income as a measure of priority for housing. There is not an absolute requirement on local authorities to have a means test for the provision of local authority housing. My Bill specifically suggests that there should be a means test for local authority housing. The means of the individual must be inadequate to provide such accommodation for himself. It cannot be any clearer than that. If people can afford to provide accommodation for themselves they are not covered by the provisions of this Bill. That was quite clear from the beginning in my mind and it is still quite clear. I am sorry that people went on to read sections 4, 5 and others without reading section 3 properly and understanding that the basic obligation to provide housing or accommodation for people who are homeless is subject to the very important qualification that their means must not be sufficient.

That immediately gets away from Senator O'Leary's rather sweeping assertions. The Senator said that the Bill gives a person a house automatically. I emphasise again that it does make it obligatory on the local authority to provide people with "accommodation of a reasonable standard". That need not necessarily, exclusively or primarily be a local authority house. It is accommodation. It might be no more than an arrangement a local authority would have with a certain number of reputable landlords whereby a number of rented dwellings would be available to deal with this problem at a fixed rent, a proportion of which would be subsidised by the local authority. The basic obligation here is to provide accommodation. There are various ways of doing it.

I have had discussions with a number of people from areas of expertise like An Foras Forbartha who have made the point that because this country has a housing problem people assume that to solve that problem we must have a building programme. An enormous amount of work could be done in providing people with homes and accommodation without building more but by making sure that existing stock is used efficiently and properly. The most obvious step, and one which has been taken by this Government, is the encouragement to local authority tenants to buy their own houses using the £5,000 grant. It is a provision that I welcome enthusiastically and I compliment them on it.

There is a lot more that can be done. There is the whole area of rentals in the private rented sector and the fact that people cannot get access to private rented accommodation — not so much because of the rent but because of a tradition that has built up that one has to pay four weeks rent in advance, which can amount to £200. Often a £100 deposit has to be paid to the Electricity Supply Board or the gas company. This may result in someone who is unemployed or is on long term welfare of one form or another — if they are single, getting £30 or £40 a week; if they are a married couple, maybe £60 or £70 — having to produce £200 or possibly £250 in order to get access to private rented accommodation. That is not an insuperable hurdle. It is not an impossible hurdle for a local authority to deal with, but it is impossible for somebody on £30 or £40 a week. At present the way the supplementary welfare service operates makes it almost impossible for people like that to get that type of support.

That is the sort of thing I am thinking about in terms of dealing with the problem of homelessness — making provision to ensure that if somebody is homeless such obstacles are taken out of the way and he is provided by right with the means to get access to accommodation of a reasonable standard, which need not necessarily be local authority housing. The right should be that people should not have to live on the streets, having only the option of living in hostels. Hostels are not homes. Hostels break up families; hostels break up people. People are damaged by living in hostels. I do not want to go into a long, emotional speech about it, but I have seen too many people too badly damaged by hostels to want to hear people talking about hostels as a solution to problems.

It is accepted by all of us that there are some people who need support and who would not want to live in local authority housing, just as there are many members of the travelling community who do not want to be settled. We have to accept that. There are people in hostels and night shelters who cannot ever be expected to support themselves. That does not get us away from the issue that hostels are not homes. They may be the only thing that some people can handle, but they are not homes. They are different from homes.

If we are to deal with the problem of the homeless they have to have somewhere to go. Hostels are not the solution. The solution is decent accommodation. In order to ensure that their priorities and their needs are not squeezed out by the much more vocal demands of the large groups who are in need of local authority housing, they have to be given statutory protection. I have no great objection — in spite of what Senator O'Leary might think — to some qualification which defines the local authorities' obligations in some more precise terms, but I have an absolute aversion to leaving it to the discretion of local authorities to deal with the homeless people as they see fit. I have watched for too long how local authorities deal with many marginal groups as they see fit. The way they see fit is long-fingering, age qualifications, the hint that because one is single one might as well forget about it, because they have no provision for single people. They expect that by about 2050 they might have dealt with the backlog of other groups and then they could begin to talk about the single homeless under 55. That is assuming that the only housing function that local authorities will have is to provide local authority housing. There are a number of other ways of dealing with it.

Senator O'Leary quite rightly identified the British Bill as, first of all, having a definition of being homeless, then imposing a statutory obligation to make inquiries about the reasons, and then about identifying priority groups. To my recollection his list was correct. He put great emphasis on the intentionality clause in the British legislation. I do not know if he is right about the inquiries being so different from the provisions of my Bill. It is fairly obvious that a local authority would have to satisfy themselves that the person referred to is homeless within the meaning of the Act before they could take action under the legislation. Therefore, the necessary inquiry would have to be carried out.

Every voluntary organisation in Britain dealing with the homeless have taken exception to the restricted nature of the priorities listed in the British Homeless Persons Act. All the bodies — and they are not all as politically militant or as politically active as me — agree that the major omission from the British legislation is the category of the single homeless and in particular the one person unit and their exclusion from the priorities and from all other provisions of the Bill except the provision to give advice to people about where they might find housing. Therefore, I would not accept priorities as a way of restricting the application of this Bill. I am prepared to consider with interest, alternative definitions of the responsibilities of local authorities but it must be made clear that they have a statutory responsibility towards the homeless which goes well beyond advice, assistance and so on and reaches into the area of provision.

Various people, particularly local authority members, have talked at length about the problems of the wording of the Bill. That need not necessarily be the only way to word it but it must be a statutory responsibility to make provision for people who are homeless. The definition of homeless must be sufficiently generous to exclude any question of hostels being the provisions; it must be decent accommodation of a reasonable standard.

Senator O'Leary raised the question of whether a person, as the Bill stands, who is homeless in Dublin could apply to Kerry County Council for accommodation. He may well have a point. I doubt if it is as fundamental a defect in the Bill as he made it out to be. It is an issue which could be dealt with fairly simply. Nevertheless, I am not enthusiastic about strict residency, particularly of the two year variety qualifications, for people to be provided with accommodation because they are homeless. However, it would be easy to write into the Bill "a person living in the area of jurisdiction of a housing authority" if that objection of Senator O'Leary has validity.

Senator O'Leary then went on to an objection which I found very offensive, that people could leave and return and leave and return. The vast majority of the homeless people that I know and I am sure Senator O'Leary knows want a home. The last thing any of them will consider is leaving that home and looking for another. There are exceptions and I can give the figures of the Glasgow authorities who took hundreds of people out of hospital who had been there all their lives, and put them into local authority houses. They did not all leave and cause the problems to which Senator O'Leary referred. Homeless people have the same needs, the same feelings and the same values that we have and one of the most fundamental feelings is the need for a home. If a home is provided before people are damaged beyond repair or beyond cure by their homelessness they will be happy to have a home. The evidence is overwhelming in that regard from my experience. One can always pick up ludicrous and extreme possibilities and say that these make the whole thing impossible. If legislation were to be drafted in terms that deal with ludicrous extreme possibilities, an enormous list of excuses could be provided for individuals and local authorities who may be unwilling to interpret the spirit of legislation generously. If exclusion clauses are provided for all the possible ludicrous exceptions, then people will have an enormous obstacle race to go through before they qualify under any legislation to be dealt with as homeless. I do not think the sort of scenario Senator O'Leary talks about is the least bit likely or realistic any more than I believe that people will make themselves deliberately homeless in order to jump the queue. I do not know anybody in this House who would ever consider putting their children on the side of the road to achieve some improvement in their living standards. Yet we assume apparently that people will do this if they happen to be in this sub-group of the homeless or those in need of local authority housing.

It is true and has been asserted that many people use and get the medical profession to help them to abuse the whole process of medical certification in order to qualify for local authority housing. There is a fundamental difference between getting a doctor to certify that one has a medical need to housing and putting oneself on the side of the road either temporarily or permanently in the hope of being accommodated. One difference is that the first course does not do any harm to oneself and the other fundamentally threatens one's own wellbeing and welfare.

As regards the clause "threatened with homelessness" it would be ludicrous to talk about making provision for the homeless and not to make provision for people who are likely to become homeless, to omit that and to wait until they are out on the street before they qualified. We can argue forever about whether the wording is sufficiently restrictive and elaborate. One could elaborate on a series of cases, people who are threatened with eviction or bona fides with eviction and so on. That is not the issue.

To suggest that provisions cannot be made for people who are threatened with homelessness in legislation to deal with the problem of homelessness is ludicrous in the extreme. It means one is saying that people must suffer this appalling deprivation of being left on the side of the road or having their families divided as they live in hostels before they can qualify for immediate concern by local authorities. That is not the issue. The issue is not whether my wording "threatened with homelessness" is precisely correct and sufficiently closely written to meet some of the circumstances about which prople worry. The issue is that it would be ludicrous to talk about dealing with the problem of homelessness and not to make provision to try to avert it in a sane, organised and rational manner within the legislation. Some provision to prevent people who are about to become homeless going through that experience will have to be contained in any sort of compassionate legislation to deal with the problem.

I have no idea where Senator O'Leary gets the idea that people should be examined as to whether they are responsible for their homelessness. I have not met many people in the last 14 years who were homeless through their own fault. They are homeless because of circumstances of one kind or another. It is not possible to say with any certainty that this person is homeless through his own fault, through some other person's fault or through circumstances beyond his control — there are so many circumstances involved in people's lives. People do not choose to be homeless, to live in hostels or on the side of the road. They are forced into that sometimes by personal circumstances like a drink problem. Is an alcoholic homeless through his own fault? I do not think so although some people do.

That is why I referred to one category which already has priority with local authorities, single mothers. If an unmarried girl is expecting a child do we now have to cross-question her as to whether it is her own fault that she is pregnant? We do not. Single mothers are entitled to compassion and concern irrespective of the circumstances which brought them there. It is similarly true of people who are homeless. Homelessness is a most dreadful experience. It damages people in every dimension of human life. It damages themselves, their families, their self respect, their health and their emotional and mental stability. Therefore, it is sufficiently serious to merit intervention without getting involved in whether people did it deliberately, through their own fault or were 51 per cent or 49 per cent responsible. I do not think it is an issue and it should not be pursued.

I was interested in Senator O'Leary's remark that he was in favour of the principle of the Bill. He did not explain which principle he was in favour of, because as far as I can see, he was against all the principles of the Bill that I would identify. I thought he might add to our interest this evening by calling for a vote on Second Stage, but apparently he will not. I thank him nevertheless for the intensity of his contribution. It livened up my afternoon enormously. Some of his earlier points had validity, but I think a number of the others were based on a misunderstanding of what fundamentally people want from life.

I covered many of the objections Senators raised. In particular I want to look at the areas the Ministers mentioned. I feel very flattered that I have had four Ministers speaking on this Bill. Whether that has to do with the delays or with the level of ministerial interest in the issue of homelessness I am not sure. Most of them said the same thing, because I presume they were all reflecting the official position. They identified a number of areas, some of which I have dealt with, but they all took exception to the statutory duty. I think they misinterpreted it; they extended it beyond the clear provisions of the Bill. Many, although the Minister of State, Deputy O'Brien, did not mention this, seemed entirely to miss the point that people's means are referred to before they can qualify. As regards the form of words for a statutory duty, that is not the issue. The issue is the absolute need to ensure the nobody in our society should be homeless because of a lack of official provision. There is no argument, even in terms of limitations of resources or in terms of overall policy, to justify anybody having to be on the side of the road because he or she cannot afford to provide accommodation for himself or herself.

The second area that bothered Ministers was the breadth of the definition of "homelessness". I do not know how people want to define the homeless. The Minister for Labour's definition of homelessness is much broader. I do not have the Seanad Official Report so I cannot give the precise reference but he said that many families who are on local authority waiting lists will come within the terms of this Bill. He said that, for example, a family that is vulnerable as a result of living in unfit accommodation or unhealthy or overcrowded conditions could well be covered. This was the first ministerial contribution and he emphasised vulnerability. I have no idea why he came to that conclusion because section 4 says:

For the purposes of this Act, a person shall be regarded as homeless and in need of accommodation when the housing authority is satisfied that

(a) he or any perons who might reasonable be expected to reside with him

(i) has no accommodation and is vulnerable as a result of old age, mental illness,...

That is the reference to being vulnerable: it is somebody who has no accommodation and is vulnerable. It is quite extraordinary to have a Minister coming here with a script written by his officials in which it appears section 4 was totally misunderstood by him. I never intended to put in something as broad as vulnerability as a definition of homelessness. I said people who had no accommodation and were vulnerable. I never suggested, and would never intend, that the question of vulnerability alone, which is quite a vague term, would ever be regarded as a qualification for local authority housing of one form or another. It is very disappointing to get that level of response.

The other point that came up because of the breadth of the definition was that a husband who was barred by a barring order would automatically be entitled to local authority housing. There are two things there. First, if a person is barred that should not necessarily exclude him from the provision of housing by the State. I do not think barring should necessarily equal homelessness. However unpopular people who are barred from their homes may be with us generally, that is not the same as saying that we want to create yet another problem by making them homeless.

I refer again to the need for people's means to be inadequate before they would qualify as the Bill stands. That is a very different interpretation from the one that various Ministers mentioned. Many people have taken exception to the question of being threatened with homelessness. I have already referred to it so there is no need to pursue it any further.

A number of other points came up. The Minister of State, Deputy Pattison, produced some statistics. I was very interested in one of them. He mentioned the numbers of people who were housed by local authorities in 1983. He said that in 1983, local authorities made 363 lettings to homeless persons, or over 4 per cent of all lettings. I have failed to get, and I have asked for it on a few occasions, a definition of "homeless persons" as the Department of the Environment defined them in terms of their own statistics. I know Minister do not like the definition in my Bill but they have produced statistics about the numbers of homeless people they have housed and yet they have not given a definition of what they mean by being homeless. Have they left it to local authorities to decide what "homelessness" means? I do not want to reread the entirety of my Second Stage speech but I think I have produced enough evidence to show that local authorities have their own peculiar interpretation of the concept of homelessness. We must get a clear definition of what homelessness means to the Department of the Environment because at present it means whatever each local authority chooses it to mean and we cannot draw any conclusions in regard to it. I would like to know how the Department of the Environment define "homelessness". Is it people living on the side of the road or what? If they do not like the definition in my Bill then the least they could do is give their own definition.

I mentioned already the question of intentional homelessness but I want to refer to some British statistics on this subject. The most successful housing authority in these islands is in Glasgow. They have done more to accommodate the homeless than virtually any other housing authority. I had the very interesting experience of watching officials from Glasgow Corporation and officials from Dublin Corporation arguing very bitterly about homeless people, their motives, their values, whether you could trust them and whether they would cod the system if they got half a chance. It was very interesting that the officials in Glasgow, a city one would hardly regard as a city of innocence and virtue, could say that the homeless there did not abuse the system, that they did not try to create problems for themselves, or that they did not try to make themselves homeless in order to jump local authority queues. They did not do any of the things we are told are liable to happen if my Bill goes through as it is. Glasgow Corporation ignore entirely the intentionality clause in the British Homeless Persons Act. They do not use it, they do not implement it and they never implemented it. They just ignore it completely. They assert that they have had no problems by using that philosophy and that policy. When they asserted that they were told by officials from Dublin Corporation that they were quite mad. Nevertheless, the facts are that they do not use it and they do not have problems.

If people are really worried about people becoming intentionally homeless, then let us have an amendment to that effect, but the amendment must be drafted in terms that do not allow malevolent local authority officials deliberately to frustrate the intentions of legislation to deal with the homeless. That has been the experience in Britain. It is extraordinary that the percentage of homeless people who have been refused accommodation by local authorities in Britain on the basis of their being intentionally homeless has varied quite——

I would like to remind you that the expression "malevolent" is not acceptable when speaking about officials.

I happily withdraw the remark. It was a word that came into my mind. I am sorry, I withdraw it immediately. Perhaps I can say refused by officials who are less than willing to implement legislation with which they do not agree. In Britain the percentage of people who have been refused accommodation on the basis of being intentionally homeless has varied from 5 per cent in some local authority areas to 55 per cent in other local authority areas. I do not believe that you can take one part of Britain and say that all chancers are there and therefore half of them are making themselves deliberately homeless and that in another part of Britain they are very good and only 5 per cent are making themselves deliberately homeless.

I think what it means is that some local authorities are interpreting the clause of intentionality far more rigidly than others. I know that one British housing authority had an application from a homeless mother with three children who had left home because her husband was continually beating her and the local authority decided that she was intentionally homeless and, therefore, she was not eligible for housing under the Homeless Persons Act.

That is the problem about putting in a clause which refers to people being intentionally homeless. If it is not precisely written in such terms that it cannot be flexibly interpreted by local authorites you will have those local authorities, who perhaps have a smaller housing problem, interpreting it generously and those who have a larger housing problem will interpret it much less generously. If somebody wants to produce a reference to intentional homelessness, it must first of all be precisely written to avoid misuse and abuse not by the side who are continuously threatened or accused of being willing to abuse, misuse and queue-jump but by the officials themselves and by housing authorities generally. They also can deliberately misinterpret legislation. They also can jump queues of their own creation and therefore if you are going to have references to intentionality, they must be written in such a way that the people involved cannot be made victims of individual bureaucratic decisions. It is interesting, too, that in Britain the rate of refusals of accommodation on the basis of people being intentionally homeless has gone up from year to year as expenditure on housing in Britain has gone down from year to year. This suggests that the interpretation of being intentionally homeless depends very much on the money available for the provision of housing. That does not seem to be a very satisfactory way of dealing with people who are virtually living on the side of the street.

The only thing that really upset me about Ministers' comments, by and large — not this Minister but Ministers generally — was a number of what I thought were almost patronising comments about homelessness and the problems of the homeless and so on. I find it a bit much to have the Minister, Deputy Kavanagh, tell me that he knew more about the problems of individual homeless people than all the organisations that support me and support this Bill because of the needs they have identified, and tell me that in fact many of the people in hospitals are either not covered by this legislation or, indeed, would suffer from it because of the way they would be out-manipulated by other people perhaps more assertive than themselves. That is a matter on which I can make my own judgment. I think he is wrong, that he misunderstands the problem considerably.

I like to quote American statistics because nobody can accuse them, particularly in the present environment, of being of bastion of liberal social policy. A study done by the University of California suggested that:

... homelessness appears to be a socio-economic condition which may be less the manifestation of individual shortcomings of homeless individuals, and more the result of a troubled economy which is characterised by structural unemployment, deindustrialisation and the lack of low-income housing.

That is an extract from a survey "Who are the Homeless? An Empirical Assessment" by Richard Ropers, Ph.D., and Marjorie Robertson, Ph. D., from the School of Public Health in the University of California, Los Angeles. That is as good a definition as possible of the real nature of the population or community of the homeless — far less to do with health and with any inherent faults and far more to do with structures of society. It is interesting that it comes from the United States.

Finally, one of the things that everybody in this House has accepted is that the need is obvious. The ad hoc committee recognised that and made reference to the need for clear legislative provisions to ensure that the homeless were looked after properly. Other countries have enormous programmes for dealing with the problem of homelessness. What seems to be happening in the United States is that the central Government reduced funding for low income housing — there has been a 98 per cent reduction in federal provision for housing in the United States in the last six years. The individual states are having to take up the burden according to the policy document from the Human Resources Administration of New York City. They will in the fiscal year 1985 spend a total of $103 million for operating their programmes for the homeless in New York city and in the next three fiscal years will spend $313 million on providing provisions for the homeless.

Even if you proportion that figure to Dublin's relative population size and reduce it in terms of our relative wealth, or lack of it, you still end up with a need for a place like Dublin to be spending about £4 million or £5 million a year — well, £3 million a year — on accommodation for the homeless in Dublin city. There is nothing like that being spent at present in Dublin city on accommodation for the homeless, that is assuming that because they are wealthier and because they are bigger they spend a lot more money. We are just not making the provision because we choose not to do so.

I have about 14 different files here of legislation giving statutory rights to shelter to homeless people in many states in the United States. There is a statutory obligation on the city of New York to provide shelter for every homeless person and the shelter must be of a standard defined by the courts in terms of space in terms of the quality of accommodation, in terms of privacy, in terms of access to things like telephones, hot water, washing facilities, etc. All of this has been defined by the courts in the face of the most extraordinary resistance by the city authorities, but they have had to do it and there is now a statutory right to shelter in New York city and, indeed, in many other areas of the United States. This is being done in spite of the vehement opposition of the federal authorities.

I would like to emphasise again something that I think has been lacking from many Irish housing policies, that housing is not the same as building, housing does not necessarily mean putting people into local authority housing. There are many other ways of housing, in particular, people who are not in the traditionial family unit. I am talking in particular about the single homeless. Some of the things that were said during the debate stigmatised homeless people unnecessarily and unfairly and almost to the point where they seemed to reflect prejudice as much as personal experience on the part of the individuals. The homeless, as I have said, are victims of society as it is organised. They are victims, as has been identified in the United States, of the structural changes in the American economy, in the absence of low income housing and in the structural unemployment.

Too much has been made of the question of cost. I do not want to be scoring cheap points but it does need to be mentioned that when the Minister, Deputy Quinn, was Minister of State, he put the figure at £20 million a year to house the homeless. That was ludicrously high. Even looking at his figure, we spent £20 million on renovating the Royal Hospital in Kilmainham, which is a fine and beautiful piece of work. However, I am not sure that Irish society would necessarily accept that if we are arguing that we have to leave people living on the streets because of cost concerns, we should really do things like that. Actually we can afford to do both. That is what I am suggesting we could afford to do, to do both, but until such time as we do the basic job of providing housing for the homeless Irish society will remain unconvinced that we should be doing these other jobs. The expenditure of multiple millions of pounds on planning prisons that will never be built is also very difficult to explain to people when they are told that we cannot afford to provide housing for homeless people. I emphasise again that, in this whole area of people living on the streets, living in bad accommodation the streets, living in bad accommodation and living in the hostels and night shelters homelessness is the basic problem. The other psychological, psychiatric, medical and physical problems are symptoms of homelessness and not the other way around.

I welcome the contributions of all the Members. I have indicated my willingness to listen to a number of serious reservations that Members of the House have had about this Bill and I look forward with great interest to the Minister's promised publication of the Government's Bill. I think he said it would be within days: does that mean less than a week or within 365 days? We accept the promise that Minister Birmingham made at the conference on youth homelessness in St. Patrick's, Drumcondra, that the Bill will be published by the end of July. I look forward to the publication of the Government's Bill. What happens to my Bill will obviously depend, first, on the goodwill of this House, and also very much on what is in the Government legislation and how it finally emerges from both Houses.

I suggest to the Minister that there might be a good case for introducing that Bill in this House since the Members of this House, because of the debate on this Bill, have given a considerable amount of thought to the issue of homelessness and the general problems of housing in the past two years. Therefore, it would be an appropriate place to introduce it. It would give rise to a very informed debate, not by myself but by many other people who have taken a great interest in this question over the past two years. Therefore, I have pleasure in moving the Bill.

Question put and agreed to.

Acting Chairman

When is it proposed to take the Next Stage?

It is proposed to order Committee Stage for the first Wednesday in November.

Committee Stage ordered for Wednesday, 6 November 1985.
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