Forty-first Amendment of the Constitution (Right to Housing) Bill 2026: Second Stage [Private Members]
Dail Éireann — 2026-10-01
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James Browne (FF), Wexford

I 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 plan, Delivering Homes, Building Communities, 2025-2030, sets out that housing is a basic human right. The Deputy will be aware that almost one third of all our National Development Plan, NDP, funding is going towards housing and water infrastructure. It is important to remember that kind of funding is unequalled by any other country in the western world. We also have to fund other projects such as healthcare facilities, schools, roads, footpaths, community centres and so on. In that context, the level of funding that this Government is providing for housing is extraordinary.
It needs to be extraordinary but I think the level needs to be understood compared to other countries as well.
As the Deputy will be aware, the Housing Commission was established in December 2021 to consider housing policy post-2030 and make proposals as appropriate. It was also tasked with advising Government on the critical factors to be considered regarding a referendum on housing and, if appropriate, to recommend wording for a constitutional change.
The commission submitted its overall report on housing and a stand-alone report on a referendum which included proposed wording for an amendment to Bunreacht na hÉireann to the then Minister on 8 May 2024. A minority report was also submitted by a small number of commission members recommending a statutory strategic plan-based approach rather than a constitutional amendment. An additional alternative proposal was submitted by another commission member accepting that a referendum should be progressed but supporting an alternative wording and an alternative placement of the new provision in the 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 or as near as. It is of note that the commission was also of the view that a constitutional amendment to provide for a right to housing was not necessary in order to permit substantial and far-reaching legislative reform in relation to housing and, significantly, that the current constitutional position in and of itself does not pose a barrier to measures designed to tackle the housing crisis. That is reflected in the significant measures we have been taking.
While I do not reject outright the general concept of a right to housing by way of a constitutional amendment, it is very complex. We should all be in agreement that any such proposal should be taken at the right time, with the appropriate level of scrutiny and consultation. Let me be clear: the State cannot directly provide all the housing the country needs and to insert a right to housing into the Constitution without considering the ramifications would create false expectations that it can and will likely redirect State resources to lengthy legal complications for years to come. It is also a democratic need for any government to balance all the necessary needs and demands in any society. It is not just housing but it is healthcare and other social supports as well that people need.
Given that the Bill proposed has mirrored wording provided in the majority report of the commission, the Attorney General has previously provided Government with preliminary advice on that wording and has signalled serious issues arising from it that would be irresponsible for us to ignore. Holding a referendum at this time is a distraction from the delivery of real housing on the ground in an already challenged housing market. We built the largest number of social houses in the history of the State last year, so it is not holding us back.
The Deputy referenced Spain, which has this right in its constitution and which has a housing crisis. That country is blowing up over the housing crisis there at the moment. A constitutional right to housing does not really aid anything unless we want to make it strong to make sure that it does but, in that case, it is prioritising issues in terms of government expenditure that may be needed elsewhere and may exclude, for example, healthcare and other social protections and supports.
It is complex in terms of what the expenditure is but also the legal complexities. We have a very strong Constitution in this country. It gives people a strong right of access, as it should, to the courts and to exercise their right to have constitutional rights upheld.
As I said, holding a referendum at this time would be a distraction. As is well recognised, a referendum on housing is not going to resolve the housing supply problem and may have unwanted or unintended consequences. The immediate focus and priority continues to be on the delivery of homes as set out in the programme for Government. It is important to highlight, however, that we are making real progress. Between July 2020 and the end of June 2026, we delivered nearly 178,000 new build homes. In 2025 alone, there were 36,284 new dwelling completions, an increase of 20% on 2024.
This delivery is backed up by record levels of Government funding for housing. Over €9 billion of capital funding will be provided through the Exchequer in 2026, including funding by the LDA and the Housing Finance Agency. As a result, we are now seeing an unprecedented level of delivery of new-build social homes, with 2025 representing the largest number of new build social homes constructed since the foundation of the State.
Some 17,700 starter home supports were delivered last year - an increase of 21% on 2024 and the highest annual total recorded. These supports were delivered across the starter homes purchase scheme, the cost-rental scheme, the first home scheme, the vacant property refurbishment grant and the help to buy scheme. These figures demonstrate the impact of sustained State investment and this Government’s commitment to expanding housing options for people across the country. They represent serious momentum. They reflect the scaling up of local authority building programmes, increased output from approved housing bodies and the acceleration of construction activity across the country.
While 2025 was a record year, we are driving on. The focus now is on sustaining and expanding this delivery, scaling further and ensuring that more people benefit from access to high-quality and secure homes. We are making home ownership more accessible and affordable, and we are getting people into long-term, high-quality and affordable rental homes. We are also supporting the regeneration of old and previously vacant and derelict properties into new homes. I am confident that this trajectory will continue throughout 2026.
In addition, the pipeline for new homes is strong. Recent planning permission figures show permission was granted for 39,354 new homes in the 12 months to the end of quarter 2 of 2026 - up 26% year on year. In recent months, commencement figures have increased significantly with 22,854 homes - up 162% on the same period last year, and we are going to continue to build on this momentum.
Measures to tackle homelessness, increase housing supply and affordability and to ensure that a suitable range of housing across tenure types is available to all are an absolute concern of mine. The new housing plan, Delivering Homes, Building Communities, builds on the foundations laid under Housing for All to enable the delivery of a minimum of 300,000 new homes, while activating supply, the first pillar of our new plan, will support increased housing delivery. It commits to ensuring a strong pipeline of zoned and serviced land, and it aims to create the conditions needed to attract the required levels of investment into the sector so that new delivery is not solely reliant on State funding.
There is a dedicated suite of actions to increase skills and support the adoption of modern methods of construction in the construction sector. It also focuses on addressing vacancy and dereliction so that we can best use the homes that we already have. All of this will help us achieve the radical step change in delivery that is now needed.
We are reforming and streamlining the planning process, which is already reducing delays in housing and strategic infrastructure projects. The Planning and Development Act 2024 is a major reform that will speed up housing delivery. Local authorities are updating their development plans to ensure that sufficient and suitable land is zoned. Progress is being made in this regard but has to continue. We have also established a housing activation office which is now backed by a new multi-annual €1 billion Housing Infrastructure Investment Fund to get more housing built by removing infrastructure delays.
In budget 2026, we reduced the VAT rate on apartments from 13.5% to 9% to improve the viability of apartment building, and we introduced a corporation tax exemption for cost-rental income to support delivery and increase viability of cost rental units.
We are continuing to make real and tangible progress with the croí cónaithe cities scheme. The scheme is integral to improving the viability of apartments for private sale within our cities and towns and it is currently expected to deliver 2,317 new owner-occupier homes that would not otherwise have been built. There is a great opportunity to activate further supply in addressing vacancy and dereliction. New targeted measures have been introduced aimed at unlocking unused spaces in cities, towns and villages by converting vacant and derelict buildings and unused above the shop areas into residential homes. All of these measures are designed to bring more of these buildings back into productive use and provide much-needed homes for people to live in their own communities.
We will continue to act as a Government to ensure we remain fully focused on those measures which will continue to increase the supply of new homes, bringing about a significant scale up in the delivery of housing over the coming years, addressing the needs of the most vulnerable in our communities and making buying and renting homes more affordable as well as supporting the development of villages, towns and cities across the country.
This practical and real focus on housing supply is my priority right now rather than holding a referendum which will not result in the delivery of a single new home. In short, we are making significant changes and investment that I would happily compare to any other country in the western world. The record delivery of social housing last year is a prime example of our commitment to solving this housing crisis and doing it in a manner that supports vulnerable people in our society.

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Record URI: https://data.oireachtas.ie/akn/ie/debateRecord/dail/2026-10-01/debate/main
Retrieved: 2026-10-05T01:01:00+00:00
Sitting date: 2026-10-01