One area in which the division among Irish citizens remains apparent is in the realm of social housing. Housing represents the largest expense as well as the largest investment for most households: home ownership strongly continues to symbolize wealth of an individual in the eyes of society and provides a basis for social inclusion of all citizens. And when housing is unaffordable, not accessible, or simply unsuitable for a particular family unit, it can result in emotional as well as financial distress and social exclusion. The provision of shelter is a prerequisite of human existence, typically considered one of the most basic and human requirements to maintain a reputable social status and to engage fully in economic and public life.
While for some, housing is a shelter or a home, it became increasingly popular during the past decade to see housing as a capital and an investment. Such phenomenon was described by Powers as “the most conspicuous sign of inequality.” It eventually contributed to a distinct division of social classes in Ireland, where some people were left homeless while others enjoyed the ownership of multiple housing units.
Living in a house, however, does not always grant a particular respectable status to an individual. It can in some cases create stigma, result in social deprivation and treatment as second-class citizens, archived through the process of residualization, segregation and social exclusion. An apparent example is a segregation of a certain class of citizens in social housing estates. When poor households and low-quality houses are concentrated in a single area, the negative ramifications of individual housing challenges increase substantially. Concentration of poverty often also correlates to a concentration of ethnic minorities. As a result, such economic segregation limits individuals’ access to goods, services and employment. This approach was criticized by the Chartered Institute of Building by expressing the view that placement of citizens in “stop-gap” semi-permanent accommodation in inappropriate concentrations should be avoided. Households which are economically vulnerable and disempowered in the first instance are, therefore, further disadvantaged within the Irish housing system, from the initial application to the very end.
The initial aim of this essay is to analyze and evaluate literature, case law, statistical data, housing legislative provisions and local authorities’ policies in relation to social housing in Ireland, with an aim toward highlighting the unequal treatment of social housing residents by the legislature, local authorities, media and public in general. By analyzing relevant legislative provisions, policies and case law, it is argued that the status and social perception of those who rely on social housing provisions in Ireland amount to a form of second-class citizenship. In conclusion, some proposals to reduce inequality and generalization are addressed.
First of all, it is essential to understand the importance of media in the process of social exclusion. The media often frames public attitudes to social housing tenants. Stereotypes, that may bear little resemblance to reality, also influence perception of this class of citizens. One of the primary elements of attitude formation is information, filtered by individuals through the media. The strategy behind most current tabloids is to sell their press. And in order to do so an article must be “eye-catching” and it must “scream” at the reader. For these reasons, some of the background to publications may be omitted and extra colors are added instead. A random example in relation to social housing can be a publication of eviction of women for anti-social behavior. This procedure in general raises concerns not just about deficient societal attitudes, but women’s rights in general. Presented as a “trouble-maker,” the reasons for such behavior, such as domestic violence, alcohol dependency, depression, victims of anti-social behavior, may not always feature in the publication. Instead, a simple statement of fact coupled with statistics is presented. The cause of such behavior may be either of no interest to the press or it may be a case of hidden agenda. Therefore, the public, in forming perceptions, can often see only the top of the iceberg as laid out by the media. Research by McCombs also demonstrated a strong correlation between the media and public agendas. With the mass media, relentlessly continuing to reiterate an increase in crime rates committed by low-income individuals, it places a further nail in the coffin of social isolation and deprivation of those unfortunate to be in the same category.
It is important at this point to discuss factors which may lead to the assertion that the status of social housing tenants almost amount to second-class citizenship. To analyze this issue, it is necessary to consider and apply the labeling theory in a social housing context. Labeling theory focuses on the informal and formal application of stigmatization by society and agents of control on some of its members. Such agents of control, who function on behalf of powerful in society, impose the labels on the less powerful, initiated by the reaction of the larger society. The process of branding with stigmatizing labels and exclusion from the community results very often from peoples’ social status and their mailing address. The outcome, according to the symbolic interactionism theory by Cooley, is that our own self-concepts reflect of others’ conceptions of us. Further beliefs, self-esteem and actions can therefore be shaped by such societal labeling. Particularly when confronted with a label applied by those with power and authority, individuals may find it impossible to resist. In the context of social housing, there is, therefore, a potential danger that once the societal attitude forms, often fueled by the media towards a particular class of tenants, it will start a chain of causation. The reaction of larger society may reflect a legislative process by those in power and endorse a second-class status of social housing applicants without any chance for defense or detailed analysis. Public opinion is one of the driving forces behind the creation and maintenance of public policies. Perceptions and lack of information covering all angles prove particularly influential in attitude formation towards social and housing welfare policies. Therefore, the core issue lies in changing attitudes about people who may be different from prevailing social class though an intelligent use of the media and public education in the sphere of social housing tenants.
Prevailing generalized attitude towards social housing residents is that these people are generally unemployed, uneducated and therefore occupy the lowest niche of our society. While Special Census Report on Homelessness 2011 provided a strong data indicating that people who were homeless had lower levels of educational attainment, no data could be found to confirm the same in relation to other categories of applicants for social housing. For these reasons, generalization should be utilized with great caution.
Statistics in relation to employment also provides different to public perceptions results. The Housing Needs Assessment 2011 shows that despite the fact that most of applicants in Ireland fall into the category of those, who are not able to meet the cost of accommodation and they are unemployed, the second largest category of applicant are hard-working families in secured employment with their total income falling within maximum thresholds, as prescribed by Local Authorities. Historical analysis of this data for 2002-2008 also confirms same tendencies.
Another study from Social Justice Ireland showed an increase in unemployment, particularly long-term unemployment. Despite the above, it is likely that the second category of social housing applicants will remain unaffected. Further decline in employment and a certain range of decisions made by the Government in Budget 2013 will continue to have a negative impact on the most vulnerable in Irish society. Debates about adequate funding for social housing should be done in combination with addressing unemployment in general, to ensure that at least those, who are in employment, will be giving a fair opportunity to continue it and therefore avoid being socially excluded and stigmatized by upper middle-class citizens.
It is interesting to note that within a single category of unemployed people, the Housing Needs Assessment 2011 provides no further breakdown into subcategories of short-term or long-term applicants, therefore conferring the same status to a distinct group of applicants. By segregating all categories under the single umbrella of social housing tenants, distinctions become blurred and generalization by the public becomes inevitable.Continued on Next Page »
Akers R, Criminological Theories: Introduction and Evaluation (2nd ed, Fitzroy Dearborn Publishers 1999).
Blackwell J, A Review of Housing Policy (National Economic and Social Council 1988).
Briggs X, “Housing Opportunity, Desegregation Strategy and Policy Research” (2003) 22(2) Journal of Policy Analysis and Management 201-206.
Daily Mail Reporter, “Prioritise “Hard-Working Families” over Unemployment on Social Housing Lists, Minister Urges” Daily Mail (London, 27 June 2012).
Doyle O, Ryan D, “Judicial Interpretation of the European Convention on Human Rights Act 2003: Reflection and Analysis” (2011) 33 Dublin University Law Journal 369-391.
Drudy PJ, Punch M, Out of Reach: Inequalities in the Irish Housing System (Tasc at New Island 2005).
Fahey T (ed), Social Housing in Ireland: A Study of Success, Failure and Lessons Learned (Oak Tree Press 1999).
Fahey T, Nolan B and Maitre B, Housing, Poverty and Wealth in Ireland (CPA 2004).
Galster G, “Consequences from the Residualisation of Urban Poverty During the 1990s: A Cautionary Tale” (2005) 19(2) Economic Development Quarterly 199-125.
Harriot S, Matthews L, Social Housing: An Introduction (Longman 1998).
Jewkes Y, Media and Crime (Sage 2004).
Jones M, O’Brien V, Best Practice in Social Housing Development (Thomas Telford 2009).
Kenna P, “Local Authorities and the European Convention on Human Rights Act 2003” in O’Connell D (ed), The Irish Human Rights Law Review (Clarus Press 2010).
Kenna P, “Local Authorities and the European Convention on Human Rights Act 2003” in O’Donnell D (ed) Irish Human Rights Law Review (Clarus Press 2010).
Kenna P, “The Housing (Miscellaneous Provisions) Act 2009” (2010) 15(2) Conveyancing and Property Law Journal 26.
Kenna P, “Will the European Convention on Human Rights Act 2003 Affect Local Government in Ireland?” (2004) 11(2) Irish Journal of European Law 193.
Kenna P, Housing Law, Rights and Policy (Clarus Press 2011).
King P, Choice and the End of Social Housing (IEA 2006).
Maddox N, Housing Authority Law (Round Hall 2010).
McCombs M, Shaw D, “The Agenda-Setting Function of Mass Media” (1972) 36(2) Public Opinion Quarterly 176-187.
Nixton J, Hunter C, “Discriminating Women: Anti-Social Behaviour and the Governance of Conduct” in Millie A (ed), Securing Respect: Behavioural Expectations and Anti-Social Behavviour in the UK (Policy Press 2009).
Nolan B, Whelan C and Williams J, Where are Poor Households? The Spatial Distribution of Poverty and Deprivation in Ireland (Oak Tree Press 1988).
O’Dea E, “Irish Housing Policy, Citizenship and Limerick Regeneration” (2012) 3(2) Limerick Student Journal of Sociology 23-39.
O’Sullivan E, Homelessness and Social Policy in the Republic of Ireland (Trinity College 1996).
Reily G, “Rachel Peavoy Inquest Returning Verdict of Death by Misadventure” The Journal (6 April, 2011), http://www.thejournal.ie/rachel-peavoy-dublin-city-council-coroner-heating-ballymun-hypothermia-116922-Apr2011/.
Soss J, “Lessons of Welfare: Policy Design, Political Learning and Political Action” (1999) 93(2) The American Political Science Review 363-380.
Tighe R, “Public Opinion and Affordable Housing” (2012) 25(1) Journal of Planning Literature 3-17.
Tighe R, “Public Opinion and Affordable Housing: A Review of Literature” (2010) 25(1) Journal of Planning Literature 3-17.
Whyte J, Social Inclusion and the Legal System, Public Interest Law in Ireland (IPA 2002).
Irish Legislation:
Housing (Miscellaneous Provisions) Act 2009.
Housing Act 1966.
Housing Act 1988.
Housing (Miscellaneous Provisions) Act 1992.
Irish Regulations:
Housing (Standards for Rented Houses) Regulations 2008, SI 2008/534.
Housing (Standards for Rented Houses) (Amended) Regulations 2009, SI 2009/462.
Social Housing Assessment (Amendment) (No 2) Regulations 2011, SI 2011/321.
Social Housing Allocation Regulations 2011, SI 2011/198.
Irish Case Law:
Siney v Dublin Corporation [1980] IR 400.
Burke (a minor) v Dublin Corporation [1991] 1 IR 341.
Dublin City Council v Fennell [2005] IR 604.
Donegan v Dublin City Council [2008] IEHC 288.
Kerry County Council v McCarthy (SC, 28 April 1997).
Byrne v Judge Scally and Dublin Corporation (HC, 12 October 2000).
Foy v An t-Ard Chlaraitheoir [2007] IEHC 470.
Gifford and Another v Dublin City Council [2007] IEHC 387.
Rock v Dublin City Council (SC, 8 February 2006).
Irish Reports:
Housing Agency, Housing Needs Assessment 2002.
Housing Agency, Housing Needs Assessment 2005.
Housing Agency, Housing Needs Assessment 2008.
Housing Agency, Housing Needs Assessment 2011.
Central Statistics Office, Special Census Report on Homelessness 2011.
Social Justice Ireland, Ireland and the Europe Strategy: Employment, Education and Poverty (14 January 2013).
The All-Party Oireachtas Committee on the Constitution, Ninth Progress Report: Private Property (Pn 2218-2004).
Department of the Environment, Heritage and Local Government, Quality Housing for Sustainable Communities (2007).
UK Cases:
Ghaidan v Godin-Mendoza [2007] UKHL 30.
Other Legislation:
European Convention on Human Rights Act 2003.
Footnotes
1.) The All-Party Oireachtas Committee on the Constitution, Ninth Progress Report: Private Property (Pn 2218-2004).
2.) Eideen O’Dea, “Irish Housing Policy, Citizenship and Limerick Regeneration” (2012) 3(2) Limerick Student Journal of Sociology 23.
3.) George Galster, “Consequences from the Redistribution of Urban Poverty During the 1990s: A Cautionary Tale” (2005) 19(2) Economic Development Quarterly 119.
4.) Xavier de Souza Briggs “Housing Opportunity, Desegregation Strategy, and Policy Research” (2003) 22(2) J Pol’y Analysis Mgmt 201.
5.) The All-Party Oireachtas Committee on the Constitution, Ninth Progress Report: Private Property (Pn 2218-2004).
6.) PJ Drudy and Michael Punch, Out of Reach: Inequalities in the Irish Housing System (Dublin: Tasc at New Island, 2005), 35.
7.) J. Rosie Tighe, “Public Opinion and Affordable Housing: A Review of Literature” (2010) 25 (1) Journal of Planning Literature 3.
8.) John Nixton and Caroline Hunter, “Disciplining Women: Anti-Social Behaviour and the Governance of Conduct” in Andrew Millie (ed), Securing Respect: Behavioural Expectations and Anti-Social Behaviour in the UK (Bristol: Policy Press, 2009).
9.) Maxwell McCombs and Donald Shaw, “The Agenda-Setting Function of Mass Media” (1972) 36(2) Public Opinion Quarterly 176.
10.) Ronald Akers, Criminological Theories: Introduction and Evaluation (2nd edn, Fitzroy Dearborn Publishers 1999), 99.
11.) Ibid., at 100.
12.) Rosie Tighe, “Public Opinion and Affordable Housing” (2012) 25(1) Journal of Planning Literature 3, 12.
13.) Joe Soss, “Lessons of Welfare: Policy Design, Political Learning and Political Action” (1999) 93(2) The American Political Science Review 363.
14.) 49% or 1,439 people aged between 15 and 59 had only education to a lower secondary level, compared to 25% of the general population. 22% were educated to a primary level compared to only 8% of the general population.
15.) Housing Agency, Housing Needs Assessment 2011.
16.) Every three years, in accordance with Section 9 of the Housing Act 1988, housing authorities are required to undertake an assessment of housing need in their functional areas.
17.) According to the Housing Needs Assessment 2011, 65,643 applicants out of 98,318 were on the waiting list because they could not meet the cost of accommodation. While 59,386 applicants were unemployed, the second largest category out of 98,318 applicants were in full or part-time employment with another 2,084 employed through Back to Work or FAS schemes.
18.) The largest category of applicants between 2002-2008 was the one where they were not able to meet the cost of accommodation. And while in the prevailing category there were unemployed applicants, the second largest category belonged to those in employment. See Housing Agency, Housing Need Assessments 2002, 2005 and 2008 for more detailed analysis.
19.) The study shows that Ireland is the fourth highest in EU according to unemployment figures and it is becoming long-term in nature and accounts for 60% of people who are unemployed. See Social Justice Ireland, Ireland and the Europe 2020 Strategy: Employment, Education and Poverty (14 January 2013).
20.) Section 85 of the Housing (Miscellaneous Provisions) Act 2009 sets out a manner in which a local authority is to put in place a scheme of priority. Particular regard is also to be given to certain categories of applicants, as defined in Section 9(2) of the Housing Act 1988.
21.) Daily Mail Reporter, “Prioritise “Hard-Working Families” over Unemployment on Social Housing Lists, Minister Urges” Daily Mail (London, 27 June 2012), http://www.dailymail.co.uk/news/article-2165280/Prioritise-hard-working-families-unemployed-social-housing-lists-ministers-urge-councils.html,assessed 10 January 2013.
22.) For example, in 2012, the minimum recommended income was €207.94, while the Job-Seekers allowance for those aged 22-24 was only €144 and €100 for those aged 18-21, leaving those people substantially below the poverty line. The largest category of applicants on social housing waiting lists, according to the Housing Needs Assessment 2011, aged 31-40 and unemployed also receive the standard rate of Jobseeker’s Allowance of only €188 since January 2012.
23.) Department of the Environment, Heritage and Local Government, Quality Housing for Sustainable Communities (2007).
24.) [1980] IR 400.
25.) [1991] 1 IR 341.
26.) CJ Finlay in Burke (a minor) v Dublin Corporation [1990] 1 IR 341, 349.
27.) Even though Mr. Farrell said the abandonment of other nearby flats during the regeneration meant the heating may not have been totally effective.
28.) Gavan Reilly, “Rachel Peavoy Inquest Returning Verdict of Death by Misadventure” The Journal (6 April, 2011), http://www.thejournal.ie/rachel-peavoy-dublin-city-council-coroner-heating-ballymun-hypothermia-116922-Apr2011/, accessed 10 February 2013.
29.) Burke (a minor) v Dublin Corporation [1990] 1 IR 341.
30.) Housing (Standards for Rented Houses) Regulations 2008, Art. 5.
31.) Housing (Standards for Rented Houses) Regulations 2008, SI 2008/534; Housing (Standards for Rented Houses) (Amendment) Regulations 2009, SI 2009/462.
32.) Padraic Kenna, Housing Law, Rights and Policy (Clarus Press 2011), 749.
33.) Social Housing Assessment (Amendment) (No. 2) Regulations 2011, SI 2011/321.
34.) Social Housing Allocation Regulations 2011, SI 2011/198.
35.) Dublin City Council v Rennell [2005] IR 604. However, it was also obiter noted in this case on page 605, that the position of the tenant of a housing authority compared unfavourably with that of a private tenant. It was further predicted, as it happened later in a number of cases, such as Donegan v Dublin City Counci [2008] IEHC 288, that such summary method might infringe certain articles of the European Convention on Human Rights Act 2003.
36.) Housing Act 1966, s 63(3).
37.) Unreported, Supreme Court, 28 April 1997.
38.) Unreported, High Court, 12 October 2000.
39.) Padraic Kenna, Housing Law, Rights and Policy, 2011 (Clarus Press 2011), 765.
40.) Dublin City Council v Fennell [2005] 1 IR 604.
41.) Padraic Kenna, Housing Law, Rights and Policy (Clarus Press 2011), 765.
42.) Donegan v Dublin City Council [2008] IEHC 288.
43.) Padraic Kenna, “Local Authorities and the European Convention on Human Rights Act 2003” in The Irish Human Rights Law Review (Clarus Press 2010); Oran Doyle and Desmond Ryan, “Judicial Interpretation of the European Convention on Human Rights Act 2003: Reflections and Analysis” (2011) 33 DULJ 369.
44.) Oran Doyle and Desmond Ryan, “Judicial Interpretation of the European Convention on Human Rights Act 2003: Reflections and Analysis” (2011) 33 DULJ 369, 370.
45.) Foy v An t-Ard Chlaraitheoir [2007] IEHC 470; Ghaidan v Godin-Mendoza [2004] UKHL 30.
46.) Gifford and Another v Dublin City Council [2007] IEHC 387.
47.) Rock v Dublin City Council, Unreported, Supreme Court, 8 February 2006.
48.) PJ Drudy and Michael Punch, Out of Reach: Inequalities in the Irish Housing Systems (TASC at New Island 2005) 27.
49.) Eideen O’Dea, “Irish Housing, Citizenship and Limerick Regeneration”, (2012) 3(2) Limerick Student Journal of Sociology 23, 24.
50.) Rosie Tighe, “Public Opinion and Affordable Housing: A Review of the Literature” (2010) 25(1) Journal of Planning Literature 3, 17.
