Late amendments could also have devastating consequences for victims of trafficking and domestic abuse as well as other vulnerable groups
The Irish Human Rights and Equality Commission (IHREC) has today written to the Minister for Housing expressing serious concern about Government amendments to the Housing and Residential Tenancies (Miscellaneous Provisions) Bill 2026 that would, for the first time, introduce lawful and habitual residence requirements for access to emergency homeless accommodation.
The Commission warns that the proposed amendments fundamentally change Ireland’s homelessness framework by making access to emergency accommodation dependent not only on whether a person is homeless, but also on meeting residency conditions that will also apply under the legislation to social housing applications.
IHREC is concerned that the changes could leave vulnerable people without emergency accommodation, increase rough sleeping and disproportionately affect groups already at heightened risk of homelessness.
Chief Commissioner Liam Herrick said:
“Emergency accommodation exists to protect people from the immediate dangers of homelessness. These amendments risk creating a situation where someone could possibly be recognised as homeless but still be refused a bed because they do not satisfy residency requirements. That represents a significant departure from the long-standing approach to homelessness in Ireland.”
He continued:
"The Commission is deeply concerned that these proposed amendments could have a disproportionate impact on people who are already among the most vulnerable in our society. Victims of trafficking, victims of domestic, sexual and gender-based violence, members of Traveller and Roma communities, migrants, people leaving institutional care or hospital, and families with children may all face significant difficulties in proving lawful or habitual residence, even where they are in urgent need of accommodation. Any changes to the law must ensure that people experiencing or at risk of homelessness are not faced with additional barriers to accessing the support they need."
The Commission is particularly concerned that these amendments have been introduced at a very late stage of the legislative process without adequate scrutiny or a published human rights and equality impact assessment.
The Commission also warns that the amendments could have particularly severe consequences for people already facing significant barriers, including victims of trafficking, survivors of domestic and gender-based violence, members of Traveller and Roma communities, migrants and people leaving institutional settings.
The Commission also raises concerns that the proposed appeal mechanism is limited and may not meet fair procedure requirements, noting that appeals would not apply to initial refusals of emergency accommodation based on residency status.
In its letter to the Minister, IHREC calls for careful reconsideration of the proposed amendments and reiterates its longstanding concern that emergency homelessness services should remain distinct from eligibility for long-term social housing.
The Commission further notes that no published human rights or equality impact assessment has been produced to demonstrate the necessity or proportionality of extending residency requirements to emergency homeless services.