Ó Broin says right to housing referendum would restore faith in political system

In an opinion piece for the Irish Times, the Dublin Mid-West TD said that holding a referendum for the right to housing to be added to the Irish constitution is coming at an “opportune time” in the context of the housing crisis.

“When it comes to housing there has never been a more opportune time to try and “restore faith and trust in our political institutions”,” he wrote.

“The case for holding a referendum to enshrine the right to secure, appropriate and affordable housing in the Constitution is more compelling than ever,”

Ó Broin said that there are myths surrounding the right to housing, and said that it would not create an entitlement to a free home for every citizen.

Ó Broin said that should the right be inserted into the constitution, a right to housing would “put in place a basic floor of protection” and “require the State, in its decisions and policies, to reasonably protect that right”.

A right to housing referendum was included in the coalition agreement between Fianna Fáil, Fine Gael and the Green Party in 2020, and Ó Broin alleges that Fine Gael are the holdout that are preventing the referendum from happening within the lifespan of this Government.

“While a majority of TDs in the last Dáil did not support the holding of a referendum on the right to housing, that has now changed. All parties bar Fine Gael are now on record saying they want a right to housing in the Constitution.”

The Sinn Féin TD cited testimony from Colm Ó’Cinneide, professor of constitutional law and human rights at University College London, about the legal effects of introducing a right to housing.

Speaking before an Oireachtas housing committee in 2022, Ó’Cinneide said that placing the right to housing in the Constitution would have two impacts, firstly acting as an impetus for change and would legally allow the courts to take the right into account where the State failed, to vindicate the right.

Ó’Cinneide told the committee that “a right to housing can have catalytic effects” and that “its primary effect may actually be in the sphere of politics, administration and policy”, adding that this “would be a good thing”.

Discussing the proposed referendum, Ó Broin said “there is no reason why a referendum on the issue should not take place in early 2024.”

“It is high time for people to be allowed to decide whether they want the status quo in housing to continue or whether they want to enshrine the right to secure, appropriate and affordable housing in the foundational law of our State.”

“A constitutional right to housing will not, in and of itself, fix our broken housing system. It would, however, place a firm legal obligation on the current and all future governments to realise that right through its laws, policies and budgets,” he said.