New housing law could see people lose emergency accommodation if offers are repeatedly refused
It will also require those on waiting lists to demonstrate their commitment to staying in Ireland long-term.
The proposed changes to the law come amid a significant increase in the number of people entering into emergency accommodation in recent years.
Under current rules, anyone is able to present to a local authority and seek emergency accommodation supports.
However, concerns have been raised about the lack of pathways to exit migrants from emergency accommodation, given many do not qualify for social housing supports. Over 5,000 people who had leave to remain in Ireland did not have their own accommodation and were in International Protection Accommodation Services (IPAS) housing across the country according to the most recent figures.
The department of housing previously established a working group to examine changes to homelessness legislation, after concerns were raised by the County and City Managers Association. The group itself called for the introduction of specific powers to allow local councils to withdraw offers of emergency accommodation, in specific cases.
These cases include where an individual or household has repeatedly rejected offers of housing, or if their presence in emergency accommodation is threatening the safety of staff or other individuals.
The group called for the introduction of specific eligibility criteria to access emergency accommodation. This means if a household or individual is not eligible for social housing supports, a council does not need to provide them with emergency accommodation.
The Government is also expected to progress legislation around social housing eligibility which would require any individual applying for social housing to be resident here and have a long-term intention to remain.
Progress began on these laws last year as the Housing (Miscellaneous Provisions) Bill 2024. It progressed through pre-legislative scrutiny in the Oireachtas housing committee. The two elements are expected to be progressed side-by-side.
In a separate memo, housing minister James Browne told Cabinet last week that an independent appeals mechanism will be needed in legislation designed to update social housing rules. This is seen as a move that would improve "transparency and consistency" in the allocation of social housing system. He is to return to Cabinet in the coming weeks with more detailed proposals.
His housing bill also aims to add provisions which would mean that any non-national must have deep ties to the State, making habitual residency a condition of accessing public housing. It is understood that ministers have been told that the State must make efforts to ensure that applicants are "demonstrably residing in Ireland", a move which is seen as "consistent" with arrangements in social protection.
It is understood that time spent in temporary protection would not count towards the time that a person was considered habitually living in Ireland.
The general scheme of the bill had made it as far as pre-legislative scrutiny last summer before the plans were shelved. The current version has undergone extensive legal advice. In its pre-legislative scrutiny of the bill last year, the Oireachtas Housing Committee recommended "further clarity be provided in the legislation as to whether residency and the Habitual Residency Condition (HRC) are to be an additional eligibility criterion, or form a precursor to an eligibility assessment".
It said if they were to be used as a separate prerequisite assessment, then "due consideration must be given in legislation to ensure that it meets the requirements of fair procedure and natural justice".
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