Winter eviction ban legally justified under public interest – Varadkar

Ireland’s deputy leader Leo Varadkar has said that he believes that the Government’s proposed eviction ban can be defended on public interest grounds.

The Fine Gael leader made the comments after the Irish Property Owners Association indicated that it is considering taking legal action over the one-off winter ban on notices of termination.

The Irish constitution protects the right to private property, but also acknowledges that these may “as occasion requires” need to be reconciled with the common good.

Mr Varadkar said that a legal challenge may be brought over Housing Minister Darragh O’Brien’s plans.

“In relation to the constitutionality of it, you know, anyone can bring a challenge to the courts, and that may well happen,” he told reporters in Dublin.

“Property rights in Ireland are subject to the common good. Bear in mind, properties themselves don’t have rights, the people who hold those properties have certain rights, but they are subject to the common good.

“And if the Attorney General and the Minister believe they can make a strong case to defend it on public interest grounds, then I think any challenge will be unsuccessful.”

The proposals are due to come before Cabinet for approval, with Mr Varadkar indicating that Mr O’Brien is planning to brief the press on the proposals later on Tuesday.

It comes after homeless figures reached record highs for two consecutive months.

The Department of Housing’s monthly tally for August recorded 10,805 people as homeless across Ireland, with 10,568 recorded in July.

Charities have warned that the picture is ominous going into the winter period, and have pointed out that child homelessness has increased by almost 50% in the past 12 months.

The move to implement an eviction ban represents a change of tune from the Government, after suggestions just over two weeks ago that it would not be possible.

When asked at the Fianna Fail Ard Fheis whether a ban on evictions should be considered, Taoiseach Micheal Martin replied it was not “as clear cut in a non-Covid situation”.

The Government has repeatedly warned that it faces a challenging situation to accommodate people this winter, amid a shortage of supply and a cost-of-living crisis affecting people’s ability to pay rent.

There is increasing pressure on the State to source suitable accommodation for thousands of Ukrainian refugees and international protection applicants, as well as housing Irish citizens priced out of the private market.

The ESRI think tank has calculated that house prices in Ireland could be overvalued by 7% or more, while a survey by renters’ rights charity Threshold indicated that a third of renters are spending 50% or more of their net income on rent.

Sinn Fein housing spokesperson Eoin O Broin said that subject to the details, his party would support the legislation, and expected it to be tabled in all stages of the Dail next Wednesday.

“I have to say however, a ban on evictions in and of itself isn’t going to solve the core problem, which is a lack of an adequate supply of social and affordable housing for those people receiving notices to quit as their landlords are selling up,” he told reporters at Leinster House.

“So what we also need to hear from Minister O’Brien this week, is what he’s going to do differently over the next five months to try and accelerate and increase the supply of social affordable housing.”

In relation to the concrete levy, Minister for Finance Paschal Donohoe said on Tuesday that “modifications” have been made to the Budget measure that Cabinet will also be briefed on.

“We’re retaining the levy, we’re retaining the levy that will happen next year. But I am aware and have always been aware of some trade-offs in relation to it that do need some management.

“The Government’s aiming to raise money to fund redress for the mica and other projects that will be coming up.”