something to radically change. Over two years ago, the Housing Commission, an official body set up by the Government, recommended that a right to housing should be inserted in the Constitution. Since then, the coalition of Fianna Fáil and Fine Gael has let that recommendation gather dust … benefit large investor landlords. Today, I move my Bill, which sets out the Housing Commission's proposal for a referendum on a right to housing that would insert a new Article 40A into the Constitution, which would state:
1. The State recognises that having a home
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after month and year after year. We need a radical change of direction and a change in policy. We fundamentally need a right to housing in the Constitution.
I was concerned when the Minister described this as a distraction. At least he is not talking about turning … about the people in that community, including the woman living in her car. They could have access to housing and a fundamental right to housing.
We know that a constitutional right to housing would provide a clear floor of protection in respect of access to basic, adequate housing
State believes these arguments about distraction and that it might “delay delivery ... by creating uncertainty in the market”. The idea that a right to housing would create uncertainty in the market is nonsense. Did the Government ask the institutional investors for their response to this Bill and this … Fianna Fáil in this regard because it made a commitment previously, including its TDs who are now Ministers, to support a right to housing in a referendum. It is now actively denying people their fundamental right. This is a clear Bill that would give citizens in this country
amend the Constitution.”
This is my first Bill to be brought forward in Dáil Éireann. The Forty-first Amendment of the Constitution (Right to Housing) Bill 2026 seeks to put a right to housing into Bunreacht na hÉireann. The housing crisis is the most serious issue facing … example, to the way it has turned housing into an investment asset and failed over and over to treat it as a human right. Housing is a human right. Is ceart daonna í an tithíocht. A home is a fundamental need and a fundamental right, yet not once
forward by the Minister just does not tally.
The Minister commented that this Bill was a distraction. Saying that to progress a right to housing being enshrined in the Constitution is a distraction is just so disingenuous. Honestly, not to gender stereotype, but can we not multitask … Government? Can we not pursue the right to housing while we address the supply issue?
That brings me to the other matter, which is that the Minister says this will not resolve the issue. We know it will not. We understand the complexity and do not need
will start by thanking Deputy Hearne for bringing forward this Bill to amend the Constitution to include a right to housing. While the Government cannot support the Bill at this time, I welcome the opportunity to set out the Government’s position on this important issue.
Our housing … Constitution in Article 45.
What is clear to see is that there were differing views within the commission on the right to housing and no full consensus on what is a complex issue. The wording of the majority report is what is proposed in the Bill
going to support it. Deputy Ó Broin had similar Bills in the previous Dáil. I had a Bill on the right to housing in 2021 that amazingly passed.
I think that was a mistake - the Government forgot to call a vote, so we got the right to housing … says it is doing, the situation has continued to get worse.
I have one human example of why we need a right to housing. Caoimhe is now homeless for the second time, because of two subsequent evictions. She has three children and last Christmas, I read
commitment around it in the 2020 programme for Government. There was also a Seanad motion passed calling for a referendum on the right to housing and a constitutional change that would insert a very clear right to housing. That was proposed by a Fianna Fáil Senator and backed … Fianna Fáil and Fine Gael Senators. What has changed? Why has this new Government run away from the right to housing? The Minister's response was not accurate as regards the Housing Commission. The majority recommendation from the commission was to insert a right to housing
into democracy. There were the 1990s and 2000s, an awful lot of property speculation and a property boom. Even though this constitutional right to housing, which I support, is not a silver bullet, it is certainly not worsening the situation in Spain.
I cannot understand why Government … sets out starkly in many ways how the State is going wrong.
I also support this Bill because I believe a constitutional right to housing would make the Minister's job easier. It is plain for those of us in opposition to see that many of the issues
human right? Why has it done a U-turn on Fianna Fáil's commitment to deliver a referendum to guarantee a right to housing? In 2021, Fianna Fáil brought forward a motion in the Seanad to amend the Constitution to ensure that every citizen had the right … Minister, Deputy Darragh O'Brien, said it was important to hold this referendum, as it would underpin people's housing rights. In May 2024, he announced that an interdepartmental group would be set up to consider plans to hold referendum on the right to housing
terrible sense of déjà vu. For 12 years, the Oireachtas and the wider public have been debating the need for a constitutionalised right to housing. In fact, so exercised was the then Government about the matter that, in 2013, it asked the then Convention on the Constitution … housing need continues to rise. Local authority council waiting lists continue to grow ever longer. Therefore, if people thought that enshrining the right to housing in the Constitution was necessary in 2014, it is even more necessary 12 years on.
Deputy Boyd Barrett rightly pointed out the fact
with the big lists that he gave? Regarding the lists that the Minister gave, none of them give a constitutional right to housing to people who should be entitled to it.
The Minister is his failing in his duty because right now in Cork and Kerry there … referendum. I was on the previous housing committee where Fianna Fáil and Fine Gael members spoke about having a constitutional right to housing and to a family having a home. Now, they break their promises. Do not shake your head at me, Minister. That was promised. Fianna Fáil
policy measure and it could be done.
Another area I want to speak on, which is linked to the report, is the right to housing. Again, it is disappointing that the Minister did not mention it. Is the Government saying it will not look at this … Government saying it will not implement a right to housing, which is recommended by the commission? It said:
International experience with constitutionalising rights to housing has demonstrated that changes tend to be incremental ... The Commission is of the view that such an approach is applicable in the Irish
right to housing is a human right, enshrined in Article 25 of the UN Universal Declaration of Human Rights. The UN rapporteur on the right to housing reiterated that position, saying that although increasingly viewed as a commodity, housing is, most importantly, a human right. The Housing Commission … report seeks to vindicate that human right. It says that housing must be a unique, national priority. It talks about the failure to treat housing as a critical social and economic priority and goes on to say: "Only a radical strategic reset of housing policy will work
there are people in emergency accommodation who are not entitled to housing in this country. He said they do not have a right to housing here. Very clearly, this is being done in the context of that, to act on that to reduce the entitlements of access … housing supports to these vulnerable cohorts. I have been working for a long time in the area of housing specifically and the right to housing, and one of the issues that has come up is the 1988 Act and issues around it. Indeed, I wrote a research report
should do.
I want to say from a human rights perspective how problematic this is. Obviously, we do not constitutionally recognise the right to housing, but if we accept there is a right for people to have a roof over their heads, if we do not provide … such as the right to education, the right to employment and the right to health. They are all impacted by the right to housing. Without a roof over our heads, it is impossible to realise them.
I want to name-check specifically St. Nathy's in Churchtown, which
system, our housing market, the way we treat housing and the way we understand housing. Other countries, for example, Spain, have a right to housing in their constitutions. Their starting point in the creation of housing policy and the treatment of housing is that it is a human … social need? The majority recommendation of the Housing Commission was very clear that there should be a referendum and the right to housing should be inserted into the Constitution, which would then guide all policy decisions and all our interactions around housing from a Government perspective
read the Tánaiste's Substack where he outlined again the false claim that people in emergency accommodation do not have a legitimate right to housing. I ask the Minister to respond to this. Do people in emergency accommodation have a legitimate right to housing? We know that
know that these challenges are having a real impact on people's lives and we remain focused on increasing delivery. Enshrining a right to housing in the Constitution is not necessary to solve this crisis. To hold a referendum on this now would simply create a distraction from … communities, make buying and renting homes more affordable and support the development of villages, towns and cities across the country.
Introducing a right to housing in the Constitution will not result in the delivery of a single additional house. Rather, it could create unwanted and unintended consequences that
about this. Disabled people have been denied their basic rights. This is why I have brought forward a Bill to put the right to housing in the Constitution. We are very clear that disabled people do not have that right. It is important because a right to housing
this Government does not view it that way and has yet to legislate in policy or in law to make housing a human right, housing is a human right, one of the most basic rights that people have. Everyone in this country has a right to a safe … Minister talks about barriers and blockages to housing. I have made the point publicly, and I will say it again: right now, the Minister for housing and this Government are one of the blockages, if not the major blockage and barrier to housing
systemic failure to provide people, particularly families, children and vulnerable people, with housing of a decent standard. A basic human right to housing includes at its core the right to adequate housing, which means housing does not have defects that impact health. The World Health Organization outlines clearly
minutes) (Dept of Transport)
Thursday evening business shall be the Second Stage of the Forty-first Amendment of the Constitution (Right to Housing) Bill 2026, sponsored by Deputy Rory Hearne.
Proposed Arrangements for this week’s business:
In relation to Tuesday’s business, it is proposed that … earlier than 7.24 p.m. with consequential effect on the commencement time for Second Stage of the Forty-first Amendment of the Constitution (Right to Housing) Bill 2026, and on the time for the adjournment of the Dáil; and
2. the proceedings on the Second Stage of the Railway
have a real opportunity here to create a new and better Ireland, one that enshrines rights in a new Constitution, including a right to housing, a right to healthcare, that guarantees equality and delivers a more inclusive kind of Ireland for all of us. Before
always been to have supply, that is the job of the State and the market in tandem. The task of delivering the right houses in the right location with the right density and social services and for the right time in people’s lives requires far more interconnected … recommendation calls for the examination of a specific private savings fund that can be used to assist in the funding of housing. Given the right impetus by the Government, this could unlock significant new investment into housing delivery while demand is so high and returns are potentially strong
In parliamentary questions
Rory Hearne
Written
Housing, Local Government and Heritage to report on progress in implementing the Housing Commission’s recommendation of holding a referendum on a right to housing. [43584/25
Eoin Ó Broin
Written
Complaint no 110/2014 and its decision in 2017 finding the Irish State failed to take sufficient and timely measures to ensure the right to housing of an adequate standard for many families living in local authority housing across the country and that Ireland was in violation of Article … Revised Social Charter, which protects the right of the family to social, legal and economic protection, including the provision of family housing. [25293/25
Rory Hearne
Written
Government and Heritage to provide a progress report on implementation of the Housing Commission’s recommendation to hold a referendum on the right to housing; and if he will make a statement on the matter. [44385/25
Rory Hearne
Written
Heritage to provide a progress report on the implementation of the Housing Commission’s recommendation to hold a referendum on the right to housing; and if he will make a statement on the matter. [44426/25
Roderic O'Gorman
Written
intention to advance the recommendation of the Report of the Housing Commission with respect to the holding of a referendum on the right to housing; and if he will make a statement on the matter. [32815/25
Rory Hearne
Written
Deputy Rory Hearne asked the Minister for Housing, Local Government and Heritage if he will commit to a referendum on the right to housing; and if he will make a statement on the matter. [5099/26
Rory Hearne
Oral
Rory Hearne asked the Minister for Housing, Local Government and Heritage his plans to hold a referendum and legislate for a constitutional right to housing; and if he will make a statement on the matter. [53899/25
Matt Carthy
Written
regime, in light of concerns that High Court stamp fees may impede access to justice for individuals seeking to vindicate fundamental rights in areas such as housing, social-welfare entitlements, disability rights, education access, and equality or discrimination claims; and if he will make a statement
Danny Healy-Rae
Written
case where turbary rights are linked to a dwelling house, the person or body that validates that there is a dwelling house attached to the turbary rights; and if he will make a statement on the matter. [11957/25
Rory Hearne
Written
considering plans to introduce an affordable rental and affordable purchase housing scheme for older people who are not entitled to social housing and want to right size after selling their home; and if he will make a statement on the matter. [44383/25
Rory Hearne
Written
considering plans to introduce an affordable rental and affordable purchase housing scheme for older people who are not entitled to social housing and want to right size after selling their home; and if he will make a statement on the matter. [44424/25
Shane Moynihan
Written
Heritage the number of housing developments specifically designed for older people delivered in each local authority area, including age friendly, right sizing, and supported housing schemes, in tabular form; and if he will make a statement on the matter. [48354/26
Rory Hearne
Written
Local Government and Heritage the steps he is taking to address the housing needs of over 55s who wish to right size into social and affordable housing; and if he will make a statement on the matter. [48052/26
Eoghan Kenny
Written
Deputy Eoghan Kenny asked the Minister for Housing, Local Government and Heritage if a person who has a right of residency in a house of their child, are not entitled to a housing adaptation grant because there is no tenancy agreement; and if he will make a statement
Pádraig Rice
Written
Heritage if his attention has been drawn to the legislative observations made by the Irish Human Rights and Equality Commission in relation to the general scheme of the Housing (Miscellaneous Provisions) Bill 2024; if he is aware of the Commission’s recommendations (details supplied); the steps or actions … Department has taken to comply with its obligations under Section 42 of the Irish Human Rights and Equality Commission Act 2014 regarding the proposals contained in the general scheme of the Housing (Miscellaneous Provisions) Bill 2024; if the steps or actions have included the preparation of any human
Eoin Ó Broin
Written
provide a breakdown of the number of homes purchased with this funding, by type including tenant-in-situ, vacant homes acquisition, housing first, age-friendly right sizing, and so on. [7144/26
Edward Timmins
Written
sold within one year of the date of death, if a new tenant after 1 March 206 has a right to a six year tenancy in the same house after it is sold; and if he will make a statement on the matter. [71950/25
Ken O'Flynn
Written
Heritage his views on whether a child spending months or years living in emergency accommodation is not merely a housing issue but a serious children's rights and equality issue; the assessment his Department has made of the impact of prolonged homelessness on children (details supplied); whether
William Aird
Written
Deputy William Aird asked the Minister for Housing, Local Government and Heritage to confirm if a person who has a right of residency in a property previously owned by them, is eligible for funding under the housing adaptation grant for people with a disability scheme
Seán Ó Fearghaíl
Written
Government and Heritage the position of the Government and his Department in relation to the process of right sizing; if this is being promoted by local authorities or approved housing bodies; if so, the locations in which this is happening; and if he will make a statement
Pádraig Rice
Written
Heritage if his attention has been drawn to the legislative observations made by the Irish Human Rights and Equality Commission in relation to the general scheme of the Housing (Miscellaneous Provisions) Bill 2024; if he is aware of the Commission’s recommendation (details supplied); the steps or actions
Ken O'Flynn
Written
Justice, Home Affairs and Migration whether his Department has considered introducing thresholds or conditions, such as financial capacity, housing availability, or integration requirements, before family reunification rights can be exercised. [45560/25
Danny Healy-Rae
Written
Deputy Danny Healy-Rae asked the Minister for Agriculture, Food and the Marine whether turbary rights are assigned to a property with a dwelling house or to land without a dwelling house; and if he will make a statement on the matter. [11955/25
Seán Ó Fearghaíl
Written
Deputy Seán Ó Fearghaíl asked the Minister for Housing, Local Government and Heritage the key measures taken to support right-sizing since January 2025; his priorities for same for the rest of 2026; and if he will make a statement on the matter. [53478/26
Cormac Devlin
Written
Deputy Cormac Devlin asked the Minister for Housing, Local Government and Heritage the position regarding the residential tenancies (right to first refusal) Bill; and if he will make a statement on the matter. [39196/25
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