Dáil Éireann Debate, Tuesday - 14 July 2026
439. Deputy Cathal Crowe asked the Minister for Housing, Local Government and Heritage if he will address concerns regarding recent proposed legislation (details supplied); and if he will make a statement on the matter. [53658/26]
View answerThe introduction of primary legislation providing for legal and habitual residency as eligibility criteria for access to homeless supports and services will ensure that the State operates a harmonised and consistent approach to the provision of social entitlements. This will provide greater fairness in the provision of housing and homeless supports to those that need them.
The proposed homelessness-related amendments in the Housing and Residential Tenancies (Miscellaneous Provisions) Bill 2026 are being brought forward following extensive consultation withthe Office of the Attorney General. All proposed provisions have been the subject of detailed advices from the Office of the Attorney General to ensure that they are robust, and I am satisfied that provisions are compatible with the Constitution, European and international law.
The amendments related to the provision of homeless services were developed following consultation with the Attorney General’s Office (AGO) and the local authority sector. In particular, there was extensive consultation with the AGO to ensure that the safety net provision meets our obligations under the ECHR, and with the local authorities to ensure the provision was operationally viable. The consultation was still in progress when the portions of the Bill related to social housing were ready to progress to legal drafting stage and to publication. I considered it appropriate to introduce the provisions on eligibility for homeless accommodation within the same bill to ensure clarity to both local authorities and those accessing services.
To guard against any increase in rough sleeping, officials liaised with the local authority sector and with the AGO to introduce a statutory obligation to provide a safety net service to any household deemed ineligible. The safety net provision for households which are not eligible for homeless accommodation is not a continuous provision. This is an important stipulation which allows the local authorities to re-assess the circumstances each day to determine that the safety net should still be provided. Rather than provision being extended, provision may be provided again if the circumstances continue to exist. Provision can be made available on each occasion that the conditions in the legislation are met.
Local authorities will be able to extend the hours of support appropriately. In implementing this provision, clear guidance and training will be provided to local authorities to ensure that all persons are provided the 12-hour safety net provision at a minimum and that further supports are provided where appropriate.
It is neither intended nor anticipated that the residency eligibility criteria for accessing homeless supports under section 10 of the Housing Act 1988 will have a disproportionate impact on Irish citizens returning to live in Ireland following extended periods of residence abroad. Irish citizens are automatically legally resident. Returning Irish would qualify as citizens and should their centre of interest be Ireland, they would be deemed habitually resident. In practical terms, if an Irish citizen has severed ties abroad and has decided to return home, the process of establishing habitual residency could be determined from day one.
Finally, I assure you that it is wholly not the intention that the proposed legislation will lead to an increase in rough sleeping or halt the progress made by my Department in addressing homelessness. The legislation will provide a robust legislative basis for local authority decision making in this area and support decisions that are already taken based on a person’s right to rely on the social system of the State.
