On Tuesday of this week, in the Dáil, Seamus Healy T.D. will call for a declaration of a National Housing Emergency to tackle the housing and homelessness crisis; to stop banks, vulture funds and buy to let landlord from evicting families, to freeze and control rents and to entitle sitting tenants continue tenancy in sale situations.The Debated on the Motion will take place on Tuesday 24thOctober from 8pm -10pm. The detailed Motion is as follows:
Private Members Motion – Seamus Healy T.D.
Declaration of a Housing Emergency
“ That Dáil Éireann:
notes that:
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Article 40.3.1° of the Constitution of Ireland states that the State guarantees in its laws to respect and, as far as practicable, by its laws to defend and vindicate the personal rights of the citizen;
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Article 40.3.2° of the Constitution of Ireland states that the State shall, in particular, by its laws protect as best it may from unjust attack and, in the case of injustice done, vindicate the life, person, good name, and property rights of every citizen;
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Article 43.1.1° of the Constitution of Ireland states that the State acknowledges that man, in virtue of his rational being, has the natural right, antecedent to positive law, to the private ownership of external goods;
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Article 43.1.2° of the Constitution of Ireland states that the State accordingly guarantees to pass no law attempting to abolish the right of private ownership or the general right to transfer, bequeath, and inherit property;
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Article 43.2.1° of the Constitution of Ireland states that the State recognises, however, that the exercise of the rights mentioned in the foregoing provisions of this Article ought, in civil society, to be regulated by the principles of social justice; and
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Article 43.2.2° of the Constitution of Ireland states that the State, accordingly, may as occasion requires delimit by law the exercise of the said rights with a view to reconciling their exercise with the exigencies of the common good;
further notes:
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the importance of the provisions that require protection of private property to be regulated by the principles of social justice and, accordingly, that the State may as occasion requires, such as the current housing and homelessness emergency, delimit by law the exercise of the said rights with a view to reconciling their exercise with the exigencies of the common good;
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the statement of the Minister for Housing, Planning and Local Government in the Irish Examiner on 11th May, 2016, ‘I think we have a national emergency that needs a response that is comprehensive and so I have been working late hours trying to start the process of putting that response together’;
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the call for the declaration of a national housing emergency by the Irish Congress of Trade Unions and the Peter McVerry Trust;
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the recent statement by the Jesuit Centre For Faith and Justice that ‘As we mark the International Day for the Eradication of Poverty, we need to recognise that housing deprivation is one of the most serious forms of poverty in the Ireland of today and that in recent years the housing system has become the locus of some of the deepest inequality evident in our society…the Jesuit Centre is calling for a new direction for housing policy in Ireland, one based on recognising that housing is a fundamental human right’; and
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that a legislative precedent for declaring a national emergency exists in the Financial Emergency Measures in the Public Interest Acts of 2009, 2013 and 2015;
affirms that during the current Emergency in housing and homelessness the State is entitled to delimit by law the exercise of private property rights; and
calls on the Government to bring forward legislation affirming that a national housing emergency exists and, while that housing emergency exists and in order to end that emergency as quickly as possible, the state is enabled to bring forward measures which, in the public interest, impinge on private property rights in matters relating to housing provision in accordance with Articles 43.2.1° and 43.2.2° of the Constitution of Ireland in the matter of the exercise of private property rights.” — Seamus Healy