CORI to argue that right to property is not absolute

The Conference of Religious of Ireland (CORI) Justice Commission will today argue before an all-party Oireachtas committee that…

The Conference of Religious of Ireland (CORI) Justice Commission will today argue before an all-party Oireachtas committee that the right to private property is not absolute but entails obligations to the community.

It will propose that rezoning should be confined to lands owned by local authorities, and will call for a right to appropriate accommodation to be included in the Constitution.

The All-Party Committee on the Constitution will today begin oral hearings from groups and organisations representing all aspects of Irish society who have made submissions to it. The hearings are expected to last two weeks.

In April the committee, which is charged with reviewing the Constitution in its entirety, placed advertisements in the media inviting written submissions on any legal aspects of private property that may be of concern.

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The 130 documents received in response fell into three broad categories: those seeking change in relation to socio-economic rights; those seeking change in constitutional articles relating to property rights; and those opposing such change.

In the current Constitution Article 40.3.2 pledges the State to vindicate the property rights of every citizen, while Article 43 acknowledges that those rights ought to be regulated by principle of social justice. Due to the complexity of issues arising the committee decided to also hear oral submissions from experts and groups interested in this area.

In its submission to the committee, which was published last month, CORI's Justice Commission argued in line with a long tradition in Catholic social thought that "in the right to private property there is rooted a social responsibility".

It quoted from the 1977 pastoral letter The Work of Justice from the Irish bishops that "the making of exorbitant profits through speculation in land in connection with housing development is particularly morally blameworthy".

It will also propose that just as civil and political rights are incorporated in the Constitution so too should seven basic social, economic and cultural rights.

These would include the right to a sufficient income to live life with dignity, to meaningful work, appropriate accommodation, relevant education, essential healthcare, cultural respect, and real participation in society.

Presenting the CORI Justice Commission proposals today will be Father Seán Healy and Sister Brigid Reynolds.

Speaking to The Irish Times yesterday, Father Healy said the proposals had the support of all 150-plus religious congregations who were members of CORI, and followed an extensive consultation process with them.

Asked about perceptions of conflict between what CORI preached and practised where property belonging to congregations was concerned, he said every congregation was independent within CORI, as were unions within congress or businesses within IBEC.

It was also the case, he said, that property belonging to congregations was frequently held in trust, and they were often bound, on sale, to use monies accruing for education/health/welfare purposes.

He said it was also a misconception that the €128 million indemnity deal concluded last year with religious congregations by the Government was between CORI and the State. The deal was between 18 religious congregations and the Government/State.

Patsy McGarry

Patsy McGarry

Patsy McGarry is a contributor to The Irish Times