Arthur Morgan
Ceist:642 Mr. Morgan asked the Minister for the Environment Heritage and Local Government his views on the inclusion of a judicable right to housing in the Constitution; and if he will make a statement on the matter. [24925/03]
Written Answers. - Social and Economic Rights.
Minister of State at the Department of the Environment, Heritage and Local Government (Mr. N. Ahern)
The Government's view is that it would be inappropriate to include a legal right to housing in the Constitution, on the basis that the funding commitment to the various housing programmes is leading to increased outputs and that decisions in relation to the allocation of financial resources is a matter for the democratically accountable Government, not the courts. This is in line with the 1996 report of the constitutional review group which concluded that the Constitution should not confer personal rights to freedom from poverty or to other economic or social entitlements. The group regarded these as being essentially political matters which should be the responsibility of the elected members to address and determine in a democracy.
The body of legislation governing social housing in Ireland is the Housing Acts 1966 to 2002. While the legislation does not confer any statutory right to housing, the range and extent of measures implemented under the Housing Acts demonstrate the State's long-standing commitment to ensuring that housing needs, especially social housing needs, are adequately addressed.
The National Economic and Social Council examined the broad issue of social and economic rights in its November 2002 report, An Investment in Quality: Services, Inclusion and Enterprise. It emphasised the complex philosophical, political, legal and practical issues involved in the identification, creation, legislation and vindication of rights, especially social and economic rights. Accordingly, in the new national agreement, Sustaining Progress, particular emphasis is placed on ensuring that standards of public services are identified, monitored and achieved. This requires further substantive improvements in the delivery of quality public services, including housing, and also requires a renewed focus on setting and achieving standards for the delivery of such services and monitoring progress.
The Government considers that the most appropriate way of addressing needs in relation to housing is to continue the various programmes and fiscal incentives currently in place, to secure the necessary level of funding to support them, to review their operation on an ongoing basis to ensure that they are meeting their objectives and to put in place new programmes or measures as required.