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Joint Committee on Public Petitions and the Ombudsmen

Decisions on Public Petitions Received

Summary

The committee agreed to publish the responses received on all four petitions and forward them to the petitioners for comment where applicable. It decided to close the petition on rehousing Mrs. Fahy, noting Cork County Council’s commitment to act when a suitable property becomes available; it also forwarded and sought comment on petitions about VAT on family court issues, accessibility of public-facing buildings, and singing the national anthem and raising the Irish flag in schools.

An Leas-Chathaoirleach

I propose that the petitions considered by the committee at this meeting and previous meetings may be published and the replies from the Departments and any other bodies may also be published. Is that agreed? Agreed.

We have four petitions for consideration today. Our first petition, P00026/25, "Rehome Family in Need", is from Mrs. Mairead Fahy.

I have got onto every councillor and td over the last three years and still getting no help. I am with cork county council with Mary Fitzgerald in Mallow office. I have four children with medical needs. Patrick 16 years with dyslexia, Niamh 15 years with juvenile arthritis, Aoife 8 years with autism, Aidan 6 years with an intellectual disability. I am in a three-bedroom council house. I put in for a transfer 4 years ago, the occupational Therapist report recommending that we need a five-bedroom bungalow that the council will buy. I have given the council over 50 houses and still nothing has happened. We are in a council 3-bedroom house, we converted the attic 15 years ago into another bedroom and put in for a transfer on medical grounds. 4 years ago, we got told that we can't use the attic anymore so now we are back to a three-bedroom house. Council told us that they will buy a 5-bedroom bungalow but 50 houses later and still nothing has happened to date. could you please help us to do the right thing and make life easier for us? I have folder and email from everyone over the last four years.

The action taken by the petitioner has been to get on to every councillor and TD over the past few years, and she still feels they are getting no support. The secretariat has written to Cork County Council seeking a response and asked it to advise on its views within 14 days. The committee has received correspondence back from Cork County Council and recommends that this correspondence be forwarded to the petitioner for information. Based on the correspondence we have received from Cork County Council, I propose that the petition be closed and we notify the petitioner. Do members have any views on the matter?

Comment on this

I am familiar with Mrs. Fahy’s case. The response we got from Cork County Council is not denying anything. It is all down to restrictions on the council. It has agreed to facilitate when it can. We are in the middle of a housing emergency. There are people who are an awful lot worse off. I certainly understand Mrs. Fahy's frustration but sometimes, no matter what position one is in, whether it is the committee or Cork County Council, one only has certain resources. None of us has a big bag of money. People ask me if I have fairy dust left. Unfortunately, in the current situation, it does not happen like that. I certainly understand where Mrs. Fahy's frustration comes from. As she said in her statement, she has contacted councillors and TDs. I have always been known for being very straight talking. In our job, sometimes we give somebody a response and it is actually the only response we can get but it is not the response they want, and that makes things very difficult. Of course it is very personal, but I would say the petitioner should, please, just be patient. The council has agreed that it will act when a suitable location becomes available.

That lady and her family need to be in the area because of resources. We would all love to have the best response on the planet for people but, unfortunately, this is the way it is. I agree with the Leas-Chathaoirleach on sending the correspondence from Cork County Council on to the petitioner and waiting for the comment on it but, unfortunately, that petition has to be closed on that response.

Comment on this

I agree. The conditions the individual is living in are shocking but the council has given a commitment. When the next unit becomes available, that will be dealt with. There is not much more anyone can do than that.

Comment on this
An Leas-Chathaoirleach

I thank members for their discussion. Is that agreed? Agreed. We move on to the second petition of the night, P00029/25, “Removal of Luxury VAT on Family Court Issues” from Mr. Shane Cusack:

I am looking to have VAT at 23% removed from any family court issues. Reports, Lawyers etc are all being taxed at the luxury rates of TAX on issues which are the furthest thing from a luxury item. Fighting to protect my children while being taxed at 23% is something that doesn't appear to make any sense to me at this moment in time.

The action the petitioner took was to look into a number of areas but he has not managed to find any outcomes or answers. The action by the secretariat was to write to the Department of Finance seeking a response within 14 days. The committee's recommendation is to publish the response from the Department of Finance. The correspondence from the Department is to be forwarded to the petitioner for comment within 14 days. Do the members have any views on this matter?

Comment on this

No, it is agreed.

Comment on this

No, I just agree with it. It will be interesting to see the response.

Comment on this
An Leas-Chathaoirleach

Is that agreed? Agreed.

Our third petition is P00032/25, “Review of Inaccessible Public-Facing Buildings in Ireland” from Mr. Garrett Kelly. There is quite a long bit of text:

Request for Review of Access Enforcement, Compliance Gaps, and Cost Barriers. People with disabilities in Ireland face daily exclusion from shops, cafés, pubs, venues, and heritage sites due to persistent physical inaccessibility. Despite legal protections under Part M of the Building Regulations, the Disability Act 2005, the Equal Status Acts, and the UNCRPD, thousands of public-facing buildings remain inaccessible, often citing heritage status or cost as default excuses. In practice, enforcement is minimal. Local authorities lack proactive powers to inspect or enforce access in existing buildings, and many venues rely on staff-dependent side doors or lifts, undermining independent and dignified access. Tourism sites, private businesses, and State-supported venues alike routinely breach accessibility obligations, often without consequence. In many cases, no cost analysis is undertaken, no grants are sought, and no phased improvements are planned. One particular course of action taken before the submission of this petition was a Section 38 complaint submitted to the OPW regarding Dublin Castle’s inaccessibility, but the issue extends beyond individual sites, to a far more systemic failure in our approach to enforcement, where protections exist on paper but are routinely undermined by loopholes, lack of oversight, and cultural acceptance of exclusion.

I ask the Committee:

1. Investigate enforcement gaps in building accessibility

2. Clarify which agencies are responsible for compliance

3. Review how "cost" is used to avoid improvements

4. Recommend supports, grants, and tax relief to remove cost as a barrier

5. Ensure access is treated as a legal right, not an optional extra

6. Access should not depend on wealth. Rights should not depend on budgets. Inclusion must be non-negotiable.

This petition is submitted against the backdrop of Ireland's commitments to the UN Convention on the Rights of Persons with Disabilities (UNCRPD), which guarantees equal access to the built environment. Despite this, Ireland has consistently failed to deliver accessible public spaces, leaving many people with disabilities excluded from basic participation in social, cultural, and community life. Part M of the Building Regulations sets clear standards for accessibility, but enforcement is largely reactive and complaint-driven, rather than proactive. Building Control Authorities focus on new constructions and material alterations, leaving legacy buildings and non-compliant premises unaddressed. In cases where alterations occur, enforcement is inconsistent. While some cases of businesses genuinely being unable to afford accessibility improvements may exist, the use of "cost" as an excuse for inaction is widespread, despite the availability of affordable solutions. Business owners and public bodies often claim financial hardship without conducting proper assessments or seeking state supports. This leads to systemic inaccessibility across towns, cities, and heritage sites. Inaccessible buildings affect not just individuals but the wider community, limiting economic participation, tourism potential, and social inclusion. Addressing this issue requires a whole-of-government response, not piecemeal casework. This petition calls for a comprehensive review of Ireland's current approach to building accessibility, enforcement, and supports, ensuring that equal access becomes a practical reality, not a theoretical commitment.

The action taken by the petitioner to resolve this before submitting the petition was a section 38 complaint through the OPW's complaint system and an offer to collaborate on finding a solution. The petitioner has said email copies can be made available on request. Our secretariat has written to the Department of Children, Disability and Equality seeking a response advising of its views within 14 days. Our recommendation as a committee is to publish the response from the Department of Children, Disability and Equality and to forward the correspondence from the Department to the petitioner for comment within 14 days. Does any member have any comment on that matter?

Comment on this

No, just to agree to it.

Comment on this
An Leas-Chathaoirleach

Is that matter agreed? Agreed. The matter is agreed but I want to say this is an issue that arises in many towns and villages I represent in Galway East. There are shops and premises that are inaccessible. There are subpar and inaccessible footpaths which create huge accessibility issues for people. It is something we always have to be conscious and aware of. I have many constituents who want me to continue to advocate for this regularly.

Our fourth item is P00033/25, “Mandatory singing National Anthem and raising the Irish Flag in schools” from Ms. Joanne Fennell:

Singing the Irish national anthem and raising the Irish flag in schools serve as important practices that promote cultural identity and continuity of Irish traditions. With such a rich history this would be an opportunity to embed a hugely important part of our culture and history into the young generation.

1. Cultural Identity:

Promotes National Pride: Engaging with the national anthem and flag fosters a sense of pride in Irish heritage and identity among students.

Cultural Education: Provides opportunity to educate students about Irish history, traditions and values, helping them understand cultural roots.

2. Unity and Community:

Fosters a Sense of Belonging: Participating in these activities can create a sense of community and belonging among students within school.

Shared Experience: Singing the anthem and raising the flag together can strengthen bonds among students and staff, creating a shared experience that enhances school spirit.

3. Respect and Values:

Encourages Respect for Symbols: The flag and anthem are symbols of the nation and engaging with them teaches students to respect national symbols and what they represent.

Instils Values: These practices can instil values such as patriotism and appreciation for the sacrifices made by previous generations for Ireland.

4. Civic Responsibility:

Promotes Civic Engagement: Understanding national symbols can encourage students to be more engaged citizens, fostering a sense of responsibility towards their country.

Awareness of Rights and Duties: It helps students learn about their rights and responsibilities as citizens, promoting active participation in democratic processes.

5. Tradition and Continuity:

Maintains Tradition: Regularly singing the anthem and raising the flag helps maintain cultural traditions, ensuring they’re passed down to future generations.

Connection to History: These practices connect students to the historical struggles and achievements of the Irish people, reinforcing a sense of continuity and legacy.

The action taken by the petitioner in advance of submitting the petition was non-applicable. The action taken by our secretariat was to write to the Department of Education and Youth seeking a response advising of its views within 14 days. The recommendations of the committee are to publish the response from the Department of Education and Youth and forward the correspondence from the Department to the petitioner for comment within 14 days. Do members have any view on that petition or that matter?

Comment on this

In fairness to the Vice Chair, he covered everything in it. With my republican background, Amhrán na bhFiann would be very close to my heart but we have a very diverse society now. It is about choice, as well as inclusivity and respect for all. I thank the Department for its response. I look forward to the petitioner's response to that. I agree with where the petitioner is coming from but it is an ever-changing world and country with great diversity.

I was very interested to hear it is down a choice in individual schools. The question is where we find the balance in this. I would be very interested to hear what the petitioner will come back with.

Comment on this
An Leas-Chathaoirleach

I agree with Deputy Buckley. This is a positive proposal and it is coming from the right place, with respect for the flag and respect for our country and our traditions. It is worthy of consideration and I look forward to seeing the petitioner's response to the published document from the Department of Education and Youth. Is that agreed? Agreed.

Next on the agenda is any other business. Do members have any issue they wish to raise? As they do not, that concludes our consideration of public petitions this evening. I invite members of the public who are watching to submit petitions via our online portal, which is available at petitions.oireachtas.ie. A petition may be addressed to the Houses of the Oireachtas on a matter of general public concern or interest or an issue of public policy.

We have no other business and all decisions have been agreed, so the committee will adjourn until 11 a.m. on Tuesday, 25 November 2025, when we will meet in private and public session.

Comment on this