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Referendum on establishing Family Court 'not necessary'

The former Justice minister called for a referendum but department said one isn’t needed now.

DESPITE AN ANNOUNCEMENT in 2013 that there would be referendum to establish a new Family Court, the Department of Justice has stated that a vote to amend the Constitution is not now considered necessary.

The former Minister for Justice Alan Shatter said last year that a referendum would be held in 2014 to “establish a dedicated and integrated Family Court structure to meet the needs of the people”.

However, it is now believed that a Family Court can be set up by legislation rather than a constitutional amendment.

Barnardos has called on the Government to deliver on its promises to implement a court structure for family matters, stating that the system as it stands is “not adequate”.

Speaking to TheJournal.ie, June Tinsley of Barnados said that the District and Circuit courts were overburdened, adding that the a new court system must be rolled out.

The department said they are in consultation with the judiciary and the Attorney General, with the aim of publishing a general scheme for the Family Law Courts Bill this autumn and of enacting the Bill in the first half of 2015.

Less costly

Responding to TheJournal.ie, the Department of Justice and Equality said that it is in the Programme for Government to establish a family law court that is “streamlined, more efficient and less costly”.

The idea is to have a two-tier system staffed with specialist judges.

The department said they initiated a consultation process with interested parties in relation to the establishment of family courts and, in that regard, hosted a seminar in July 2013 to discuss how such courts might be structured and operated.

Speaking at that seminar, Shatter said that new court should be entirely separate and should be in different venues. Currently, family law cases are held in special court offices in Dublin, but regionally, they are held in District Courts on certain days of the month.

Shatter wanted the new court to have adequate private consultation rooms and a co-located welfare and assessment service, as well as court mediation facilities.

However, he warned that establishing such a court could take years.

Consultation 

The department said it is currently developing a strategy to support the major reform project the proposal entails. This will include a process of consultation with the judiciary and all relevant stakeholders on all matters, including the necessary courts infrastructure and facilities.

“Central to the reforms will be the enactment of the necessary legislative measures to deal with all relevant family law matters including the functions and jurisdiction of the family court,” a spokesperson for the department said.

“It is intended that an outline of the necessary legislation will be published before the end of 2014.”

When asked where these new courts would be located, they said:

The issue of the possible location of the new courts when established has yet to be considered.

Tinsley said that the family courts system was “not fit” to meet the needs or case workload. She said a new structure that centred around the voice of the child needed to be established.

‘A Week in the Family Courts’ series will be running all this week on TheJournal.ie. We will bring you stories and analysis from the Family Courts around the country. Tomorrow we will be look at some of the issues facing children in the care of the State, the common cases that appear before the courts and how the system is working. 

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18 Comments
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    Mute Daryl Walsh
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    Apr 6th 2023, 11:29 AM

    The Government really don’t care about the housing crisis and the impact it’s having on a whole generation. They have ripped the social contract to shreds in Ireland. Sooner they are kicked out of office the better, especially Fine Gael.

    613
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    Mute zephyrum
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    Apr 6th 2023, 12:41 PM

    @Daryl Walsh: Couldn’t get a builder myself during COVID.

    92
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    Mute David Corrigan
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    Apr 6th 2023, 12:51 PM

    @zephyrum: We need to stop using excuses. As John Taffer says. “”I don’t embrace excuses, I embrace solutions.”
    Our lot need to do better.

    181
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    Mute Jack Dermody
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    Apr 6th 2023, 1:02 PM

    @Daryl Walsh:
    Tell us where they are going to get the builders…

    The Government don’t pay cash in hand..

    46
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    Mute Cormac O'Gara
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    Apr 6th 2023, 1:17 PM

    @Jack Dermody:

    Cash in hand comment is such a classic government apologist line.

    Yea lets blame literally the only people building houses for the housing crisis.

    The Irish government who pays 2 billion for a hospital has trouble finding builders??

    Throw your vote in the bin come general election, it’s clear where its going.

    123
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    Mute Fr. Fintan Stack
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    Apr 6th 2023, 3:02 PM

    @Jack Dermody: I have worked on many building sites over the years and know a fair few guys. And the number one thing that attracts workers is not pay, but a permanent job. All this bogus self employment has meant that a huge proportion of our workers have no reason to stay.or even come back. They may as well be working abroad than here week to week with no holiday pay and very few entitlements.
    The government(s) have known about this problem for years and done nothing about it.
    Apprentices, like medical staff, are gone as soon as they qualify
    I’m sure it might suit some but if you want to keep people look at a long term building programme with secure jobs and you’ll get people.

    54
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    Mute Shane Carroll
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    Apr 6th 2023, 3:17 PM

    @zephyrum: you couldn’t get a lot during covid….

    9
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    Mute John Mulligan
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    Apr 6th 2023, 4:13 PM

    @Jack Dermody: cut the social in half after 6 months.

    9
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    Mute Jimmy Donovan
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    Apr 6th 2023, 11:11 AM

    There needs to be legislation to prevent these funds from being used to repurchase the 17,000 residences held by 10 corporations. The French people would not put up with so why do we?

    There needs to be legislation to prevent these funds from being used to repurchase the 17,000 residences held by 10 corporations.

    311
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    Mute Dave Barrett
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    Apr 6th 2023, 1:33 PM

    @Jimmy Donovan: we have become so accepting now to inept, immoral corrupt governments. The political system should be changed. People need to vote these lot out.

    172
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    Mute John Mulligan
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    Apr 6th 2023, 4:14 PM

    @Dave Barrett: and put the IRA in charge?
    I think I’ll pass on that one.

    30
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    Mute Fr. Fintan Stack
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    Apr 6th 2023, 4:39 PM

    @John Mulligan: maybe get your mentors in the FFG party to create the conditions to attract and retain people to the trades.
    When there is a so called senior banker shortage Pascal is shouting for lifting their pay caps and reintroducing senior banker bonuses. But sure tha was always the FG way, now FF infected the same way.

    43
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    Mute KeithG
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    Apr 6th 2023, 10:57 PM

    @John Mulligan: Yawn yawn and more yawns..

    16
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    Mute Trash CanMan
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    Apr 6th 2023, 11:33 AM

    So the question remains. How much DID they spend, and WHAT did they spend it on because it sounds like they done feck all in the last 100years never mind 3

    309
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    Mute Marianne Sherlock
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    Apr 6th 2023, 11:05 AM

    I heard a builder say the problem overall are the sewage systems ..They do not have the capacity and it needs to be upgraded ASAP..to allow the building of more houses

    181
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    Mute Sean McCarthy
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    Apr 6th 2023, 11:15 AM

    @Marianne Sherlock: that’s certainly the case in my local area.

    99
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    Mute Paul Clancy
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    Apr 6th 2023, 11:54 AM

    @Marianne Sherlock: that and the road network. I’ve seen particularly in Dublin large housing estates going up on narrow country roads which creates traffic havoc.

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    Mute Paud O'
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    Apr 6th 2023, 2:00 PM

    @Marianne Sherlock: there are no more houses allowed in my area until the sewerage system is upgraded.

    22
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    Mute ed ed
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    Apr 6th 2023, 12:38 PM

    Of course Ireland will need 50k new homes for years to come.

    This is what happens when you needlessly vote for the same two right wing laissez faire capitalist parties over an over again.

    Stop voting for self-harm.

    184
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    Mute Michael Mc Gee
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    Apr 6th 2023, 11:25 AM

    That is a lot of money!

    None of this makes sense!

    Emergency powers should be used and that money should be spent.

    154
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    Mute Mise Eire
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    Apr 6th 2023, 1:30 PM

    @Michael Mc Gee: no emergency power You are playing into their hands

    30
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    Mute Peter John McDaid
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    Apr 6th 2023, 1:03 PM

    The whole thing is manufactured. The evidence is there. they did everything possible to create the problem, now is the reaction stage, the solution that will be offered will be the erosion and debasement of Article 43/ private property rights. They need enough people on the edge in dire situations to push that objective through. All deliberate, we are being played folks.

    118
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    Mute Craic_a_tower
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    Apr 6th 2023, 1:24 PM

    @Peter John McDaid: what is the ultimate goal of your conspiracy?

    24
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    Mute Trash CanMan
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    Apr 6th 2023, 1:34 PM

    @Peter John McDaid: The right reaction would be to hand hang them outside the Dáil by the neck as a lesson to those that come after them.

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    Mute Peter John McDaid
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    Apr 6th 2023, 1:38 PM

    @Craic_a_tower: It is clear to anyone with a modicum of intelligence that the govt created this situation. Undermining article 43 is the objective. Old couple that own and live in a three or four bedroom house, CPO them out. People that worked hard and own a second home, CPO it off them. The “greater good” etc.

    47
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    Mute Craic_a_tower
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    Apr 6th 2023, 4:05 PM

    @Peter John McDaid: it is weird how people look at the same details and come up with a different theory. Some think politicians are forcing house prices for their personal benefit while others think it so they will lose rights to their own property. Very strange thoughts given incompetence and populist policies explain it much more simply

    9
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    Mute Fiona Fitzgerald
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    Apr 7th 2023, 1:52 PM

    @Peter John McDaid: Certainly Ireland could do with more townhouses so that people could afford to buy their own smaller homes. Okay to have theories but plenty of people would voluntarily move to smaller local homes if there were any available. No need to imagine dramatic scenarios.

    1
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    Mute Emmet Murphy
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    Apr 6th 2023, 11:09 AM

    How do you build during a lockdown?

    105
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    Mute Aidan Farrell
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    Apr 6th 2023, 11:14 AM

    @Emmet Murphy: Also how can you build if you haven’t enough construction workers?

    123
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    Mute Daryl Walsh
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    Apr 6th 2023, 11:37 AM

    @Emmet Murphy: Swear it wasn’t government that put us into lockdown

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    Mute Paul Clancy
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    Apr 6th 2023, 11:55 AM

    @Daryl Walsh: I’d say it was the pandemic, swears…

    37
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    Mute Seamus Enright
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    Apr 6th 2023, 12:18 PM

    @Aidan Farrell: The question is how did a labour shortage ensue when one in four men in Ireland were working in construction until around 2009-10?

    64
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    Mute Mark Sheehan
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    Apr 6th 2023, 12:28 PM

    @Seamus Enright: the older generation were prepared to do manual work, today’s are more into third level and I.T ,how many apprenticeships do you hear of nowadays.

    60
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    Mute David Corrigan
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    Apr 6th 2023, 12:53 PM

    @Mark Sheehan: A pure waste of time working for free though Mark. Pay apprentices a decent wage and they will appear.

    72
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    Mute Seamus Enright
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    Apr 6th 2023, 1:08 PM

    @David Corrigan: They should get paid a bit more than 80-90% of minimum wage alright though you don’t get paid anything for studying in University so the comparison is a bit invidious, particularly when you could still end up with less money after getting many college degrees.

    Mind you, there seems to be plenty of labour to build hotels and we bend over backwards to allow companies like TikTok to build data centres because here because of all the construction jobs they provide, which I find the most bizarre thing of all.

    51
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    Mute ed ed
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    Apr 6th 2023, 5:02 PM

    @Emmet Murphy: Ireland had record homelessness BEFORE the pandemic.

    You handily ignore that.

    22
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    Mute Chris Gaffney
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    Apr 6th 2023, 9:52 PM

    @Seamus Enright: A little thing like the property bust stopped building completely and many of the workers retired, emigrated or changed jobs to different sectors. It will take many years to get the employment numbers back to those levels. The only current way to increase the workforce is bring in foreign operatives which is not easy given our expensive accommodation and taxation system !!!!

    2
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    Mute Seamus Enright
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    Apr 6th 2023, 10:17 PM

    @Chris Gaffney: With all the unemployed builders around at that time the government could have invested in public housing but they seemed to think that paying off 34% of Europe’s overall banking debt was a better idea.

    8
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    Mute AnthonyK
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    Apr 6th 2023, 1:46 PM

    The FFFG government has probably done this so as they can use the money to buy the election when it comes around.

    61
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    Mute Keith Twamley
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    Apr 6th 2023, 11:28 AM

    24,000 homes built is more than enough houses for 11,754 people homeless. What am I not getting?

    57
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    Mute Daryl Walsh
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    Apr 6th 2023, 11:35 AM

    @Keith Twamley: Well the fact that there are thousands of people still living at home with parents, wanting to rent or buy that are not included in homeless figures, is just one thing you’re missing.

    207
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    Mute Keith Twamley
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    Apr 6th 2023, 11:44 AM

    @Daryl Walsh: Numbers just constantly going up though, something doesn’t feel right. Needs to be a lot more transparency as to where all these houses are going.

    87
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    Mute David Corrigan
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    Apr 6th 2023, 12:54 PM

    @Keith Twamley: Those homes are being snapped up in bulk by the vulture funds Keith. They leave very little for the citizens to buy.

    92
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    Mute Mise Eire
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    Apr 6th 2023, 1:32 PM

    @Daryl Walsh: Garden sheds as a spare sitting room to have breathing space while saving up for a mortgage?

    13
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    Mute ed ed
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    Apr 6th 2023, 5:05 PM

    @Keith Twamley: by all accounts Ireland needs 50k new builds a year and HAS needed about that number for a decade…. But when you care more about landlords than any other voting block, supply and demand dictates you don’t worry so much about supply.

    12
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    Mute Fiona Fitzgerald
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    Apr 7th 2023, 1:58 PM

    @Mise Eire: The trouble is that people do need to use a toilet and you can’t add one to a garden shed! They will be uninsulated as well.

    1
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    Mute Gavin Gray
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    Apr 6th 2023, 2:32 PM

    Yet last week shovel ready school building projects were told they are halted due to budgetary constraints. In a week where corporation tax take is over a billion more than they thought and Darragh O Brien has a billion behind the couch, WTAF is going on here? Infuriating stuff.

    59
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    Mute Tony Harris
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    Apr 6th 2023, 3:11 PM

    No builders available? All I’m seeing is apartment block after apartment block spring up all over the place!

    42
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    Mute Fiona Fitzgerald
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    Apr 7th 2023, 1:54 PM

    @Tony Harris: Agreed, and every affordable apartment has to pay maintenance fees into the bargain instead of doing their own.

    1
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    Mute Emmet Murphy
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    Apr 6th 2023, 2:11 PM

    How does this Country operate, when our planning/political/environment is in the toilet? As long as we keep the old parties like FF/FG/L/SF in existence and keep voting for them. We will never reach our potential, to be a great Country and where most things work properly. If it wasn’t for the EU, Pakistan would be in a better place than we are now.

    26
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    Mute a
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    Apr 6th 2023, 5:25 PM

    All those modular homes that could have been built on state land,while eviction ban was in…..fast tract building…mindboggling.

    17
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    Mute Paul Duffy
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    Apr 6th 2023, 5:42 PM

    Frightening how poorly informed the comments are , and how so many seem to have completely succumbed to populism. The next gov will be dealt the exact same hand and will also disappoint you . Why? Because the construction ecosystem has become impossiblly difficult (for Ireland & most other European countries) with some factors well beyond the control of governments. But hey, dont let a fact or two interrupt your rants.

    14
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    Mute Chris Gaffney
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    Apr 6th 2023, 10:00 PM

    @Paul Duffy: Ah don’t spoil their fun!!

    1
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    Mute Fr. Fintan Stack
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    Apr 7th 2023, 12:50 AM

    @Paul Duffy: A fact or two? What fact or two? You haven’t given any, just criticised other posters.

    11
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    Mute Michael Costello
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    Apr 7th 2023, 9:25 AM

    “€1 billion left unspent by Govt on housing projects over the past 3 years” plus the massive amount of extra/additional overspend of Euro’s the cash cow to developers that is the new national hospital is costing….€1 billion is equal to 2,800 building units costing €350,000 each to build from scratch to completion. €350,000 spread over let’s say 30 years equals to €11,666 per year or just over €970 per month. This figure is way way below the average rent paid by tenants to private landlords. Now if the Govt became landlords and spent €1 billion on 2,800 housing units they would receive €2.7 million per month in rent.

    5
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