Call for Referendum on Special Status for "Family Homes"

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Please Sign this petition if you agree that:- 

All Irish (and EU) Family Homes should have special status and should be treated differently to general property rights as is the case in the German Constitution.

Irish Parliament refused to pass Bill that would give family homes a special status in the Constitution despite a recommendation from the Constitutional Convention.

Taoiseach Leo Varadkar said he ”absolutely” believes that every citizen has a right to a home but expressed caution re enshrining it in the Irish Constitution. 

81 other countries around the world have enshrined into law the special status of Family Homes. 

The current Irish housing crisis requires a VERY RADICAL action plan but the only long term solution for a successful Irish society into the future for Irish kids and grandkids and their great grandkids is a

Referendum on "Family Homes Special Status" like the German Constitution. 

Towards "5 Star Ireland"

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What a Change in the Irish Constitution would mean in practice:-

  • Lower "Cost of Build"- root cause of supply shortage, for both private and social housing - affordable (1 income) homes for ALL citizens in Irish society into the future.
  • Lower "Barrier to Entry" for small builders who could deliver 2, 4, 6, 8,10 house projects because of reduced funding requirements.
  • First Refusal to Local Authorities for building land in and adjacent to urban centers at agricultural price + 25%. Support lower infrastructural costs and lower energy costs.
  • No sale of mortgages to vulture funds - unlawful. Occupier gets first refusal to purchase the mortgage at knock-down price.
  • No evictions by landlords on sale or upgrade of rented family homes - unlawful. Compensation where vacation is warranted by court, like other civilised societies.
  • CPO - Compulsory purchase of Land for housing like compulsory purchase of land for road widening .... common good trumps private enrichment at the expense of the community.
  • Only charge on a loan/mortgage is the asset - like US Law. You can hand back the keys -  Equality of Risk Sharing between lender and borrower - No Debt 'till Death by EU Banks (legacy from 12th century serf laws).
  • Mortgages based on "last selling price" + CPI (Scotland)
  • No Boarded-up or vacant houses : Private or Social - unlawful
  • No VAT on new houses like UK & NI - unfair regressive tax burden on first time buyers - unlawful. €28,000 VAT on new 3-bed semi - Obscene.
  • No Part 5 €5000 tax for social housing on first time buyers - - unfair regressive tax burden on first time buyers - unlawful.
  • No council levy of €10,000 on first time buyers? - unfair tax burden on first time buyers - unlawful.
  • No LPT on Family Homes like Italy. Shelter is a "Life Essential". 2-Tier LPT Tax would be unlawful (LPT on Owner Families but no LPT on families in State provided homes)
  • No hoarding of land to restrict supply to inflate price of land - unlawful.
  • No restricted zoning laws to restrict supply of land to inflate profits for owners - unlawful.
  • No onerous non- safety building regs adding €10K recently to price of homes - unlawful.
  • No ban on Bed-Sits ......... essential for some in society.
  • Rent certainty .. linked to CPI

€76,000 (37%) artificially added (mainly by Gov tax) to price of basic Irish House. Obscene.

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Life Essentials should not be taxed: Food, Water, Air, Shelter (Homes), Clothing, Personal Transport, Healthcare, Sanitation, Education.

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Ireland - An Unjust Society - Judge Gerald Keys

Judge Gerald Keys “When I became a judge, I swore to apply the law. I may not like it or agree with it it and it may be unjust to me, but it is the law. It can only be changed by the people through their public representatives, but I am now being put in a position where I have to make orders that will make people homeless and I do not like that one bit.”

----------------- Fake TDs -----------------

"Fake TDs" are those TDs who do not represent your interests but their own interests, interests of lobby groups and vested interests and who take their instructions from party hierarchy under the "Whip System" operated in your Dail, rather than taking their instructions from you the Voters.

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Typical Irish home build costs.

Per Unit: Amount:

Site Cost € 50,000 .... daft .. Agricultural land is €9,000 per acre!
Build Cost @ €100 psf, Size Average 1,100 = €110,000 .. new technology needed to drive down this daft cost. 
Roads & Infrastructure € 15,000
Utility Connections € 2,000
Legal Fees on Acquisition and Disposal, Marketing, Estate Agency Fees. € 6,000 ... self conveyancing law needed.
Architects, Quantity Surveyors, Consultants, Homebond and Stamp Duty. € 2,500 ... tax on life essentials unacceptable.
Part V Contributions to social housing € 5,000 ... should be from general progressive taxation.
Council Levies € 10,000 ?
Cost of Finance € 7,500

Total Costs €208,000
VAT @ 13.5% € 28,080

Sale Price €236,080 ( equivalent French starter home €160,000)

€76,000 artificially added (mainly by Gov tax/levies) to price of basic Irish House.  Obscene.

Essential need for "Family Home Special Status" provision in the Irish Constitution.

************** A Social Media Experiment *************

This petition is a social media experiment, to determine if ordinary Irish  taxpayers can initiate social / economic / tax changes to eliminate gross unfairness and injustice in current laws for the benefit of ordinary hard working Irish (and EU) citizens, in which, clearly their elected TDs are not interested and couldn't care less. 

The petition objective is :-

  • to inform and enlighten voters of grossly unfair and unjust laws passed by your TDs, so that voters will in future bring their brains to the polling booths and force political policy changes to right the wrongs in the current Irish Tax Laws (i.e Motor Tax, LPT, VAT on new homes ...etc) and
  • to establish the Canons of Taxation as the accepted framework for fair and just taxation policy.
  • to empower themselves as taxpayers and
  • to Refuse to be Abused.

The Government has no money - it belongs to you the hard working taxpayer) 

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Unstable, fluctuating housing market in Ireland, leaving many in negative equity, leading to evictions and homelessness, requires a fundamental Constitutional change to ensure Irish laws are consistent with delivering affordable (by one-average-income) homes (shelter is a Life Essential) for ALL Irish citizens (both private and social homes), their kids and grand kids into the future.

The root cause of the Irish housing crisis is due to the high "Cost of Build" due mainly to Gov. taxes and levies (37% of cost), leading to shortage of supply.  €76,000 is artificially added (mainly by Gov tax/levies) to price of a basic 3-bed semi Irish home. This is obscene.

Single income families and individuals earning €33,800 p.a. pay the high tax rate of 40% yet cannot afford to own their own home. It is €51,000 in UK.

 

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Proposed FAMILY HOME LEGAL DEFINITION in the Irish Constitution:-

A Family Home is a basic need in the hierarchy of needs (shelter) and essential to life. All EU Family Homes should be Constitutionally protected to reflect this special status and provide a fundamental distinction from general property rights, superior to them, to ensure legislation is consistent with delivering “1-average-income” affordable homes for all groups in society (both private & social), without adversely affecting general property rights.

The German Constitution makes this distinction but it is absent from the Irish Constitution which needs to be upgraded.

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 How Germany achieved stable & affordable housing for ALL groups in German society:

Germany has some distinct features that enables it to provide a plentiful supply of housing in response to increasing demand.

First and foremost, the German constitution contains an explicit ‘righ-to-build’ clause …this “means that everyone is entitled to a permission to build on his or her property as long as there is no explicit legal rule against it.

…if the proposed building fits into the plan, permission has to be granted and if the local authorities deny it then a court will enforce it…

Although there is very close control of what can be built on any site, provided it meets the requirements of the master plan, a developer just can get on and build new housing without seeking development permission.

http://www.macrobusiness.com.au/2011/06/how-germany-achieved-stable-affordable-housing/

The German court distinguishes between those property interests whose function is primarily or even exclusively economic, especially wealth-creating, and those that primarily serve a non-economic interest relating to the owner’s status as a moral and/or political agent - homes.

Only the latter are protected as fundamental constitutional interests. 

Stated yet another way, German constitutional law treats property as a derivative, or instrumental, value in the general constitutional scheme. It strongly protects a particular property interest only to the extent that the interest immediately serves other, primary constitutional values, in particular, human dignity and self-governance.

Essential need for "Family Home Special Status" provision in the Irish Constitution.

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 -- No Regressive Taxes or 2-Tier Taxes or Any Taxes on Family Homes--

EU - European Pillar of Social Rights considers housing in its deliberations

Situation in the Member States
Directly enforceable rights to housing exist in a few Member States only, although provisions on the protection of the home appear in most national constitutions. Housing markets, regulations and support forms are very different but only a few Member States have a large social housing sector. Some forms of emergency accommodation are provided in each Member State, with usually separate mechanisms for asylum-seekers and refugees.

Significant differences exist across the EU in terms of shelter quality, coverage, capacity and support services. Homelessness has increased during the last decade in almost all EU countries and prolonged or recurrent shelter stays are common, yet only about half of the Member States implement integrated homelessness strategies. Shelter needs are especially high in countries receiving many migrants and/or refugees.
International dimensions

Various international provisions related to the right to housing and access to shelter apply e.g. the International Covenant on Economic, Social and Cultural Rights; The Council of Europe’s European Social Charter and Revised Charter4 , the European Convention on Human Rights; the Convention on the Rights of the Child; the Convention on the Rights of Persons with Disabilities, the Council of Europe's Istanbul Convention.5
The United Nation's sustainable development goals promote access to basic services and adequate, safe housing.

---------- The Irish Petition on Unfair 2-Tier Motor Tax -------

This petition has been accepted for Investigation by the EU Committee on Petitions. 30,000 people have signed this petition at :-https://www.change.org/p/unfair-car-tax-law

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