The Irish Human Rights and Equality Commission (“The Commission”) has raised its concerns in relation to the provision of emergency accommodation, focused particularly on the development of “family hubs” and their use. The Commission recommendations to Government, published today, come within the context of the current review of the “Rebuilding Ireland Action Plan.”
The Commission has published the policy statement to provide focus to human rights and equality considerations involved in the provision of emergency accommodation. The statement emphasises the need for a focus on human dignity, and the need for the Constitutional values of autonomy and privacy of people experiencing homelessness to be central to the provision of suitable family accommodation, alongside the Constitutional importance of children’s rights.
Local Authority Discretion on Emergency Accommodation
The Commission is particularly critical of the wide discretion provided to local authorities within the current system of emergency accommodation, which it states does not adequately protect the right to housing for families experiencing homelessness.
In light of this, the Commission recommends legislative reforms to the Housing Act to limit the time that a family may spend in emergency accommodation to three months, and calls on the Minister for Housing, Planning, Community and Local Government to regulate for emergency accommodation to include provision for family access to cooking facilities and utensils, a play area, a family room, and that a family’s right to autonomy and privacy should be respected.
Human Rights Concerns Around Emergency Accommodation
In bringing the recommendations forward, the Commission has met with families experiencing homelessness, living in the family hubs, and Chief Commissioner Emily Logan has visited the High Park family hub in Dublin.
The Commission highlights the distress of families experiencing homelessness, and the barriers and stereotypes faced by families in seeking to find their own emergency accommodation.
The Commission points to the impact of homelessness on children’s physical and mental health, with parents disempowered through the conditions of accommodation and the limited control they hold over their children’s diet, and negative impacts on their physical health.
In relation to family hubs, the Commission is concerned that their use beyond short-term emergency accommodation could normalise family homelessness, leaving families institutionalised and accustomed to lives lacking autonomy and privacy.
Recommendations for Legislative Change
The Commission recommends specific changes to the Housing Act 1998:
- Section 10 of the Housing Act 1998 should be amended to place a limit on the time that a family may spend in emergency accommodation. This should be limited to three months with an obligation on a local authority to provide suitable permanent family accommodation thereafter.
- The Minister for Housing, should develop regulations under section 10(11) of the Housing Act 1998 in relation to the type of emergency accommodation in which families may be accommodated. The regulations should specify that the family have access to cooking facilities and utensils, a play area, a family room and that family’s right to autonomy and privacy should be respected.
Meeting Human Rights and Equality Obligations
In the current review of Rebuilding Ireland, the Commission calls on government to meet its legal obligations to carry out an assessment of human rights and equality issues in line with its public sector duty obligations as set out in section 42 of the Irish Human Rights and Equality Commission Act 2014.
With over €72m spent by Dublin City Council alone in 2016 on emergency housing provision including over €9m on private accommodation and €38m on hotels. The Commission further recommends that Service Level Agreements related to the provision of emergency accommodation should be amended to include commitments to human rights and equality as well as specific references to the rights to family life, autonomy and privacy.
Quality Standards and Independent Inspection of Emergency Accommodation
The Commission recommends that National Quality Standards Framework for Homeless Services be developed and implemented, with homeless services subject to regular inspection by an independent inspection body.
In its role as Ireland’s independent national human rights institution and equality body, the Commission has a statutory role to keep under review the adequacy and effectiveness of law and practice in the State relation to the protection of human rights and equality, and to make recommendations to Government to strengthen and uphold human rights and equality in the State.
Emily Logan, Chief Commissioner of the Irish Human Rights and Equality Commission said:
“Having met with families affected, heard their experiences of homelessness, and visited one of the family hub sites, it is important that we do not normalise family homelessness in Ireland.
“The primary policy response must be to ensure that every family has access to suitable permanent accommodation.”
ENDS/
For further information, please contact:
Brian Dawson, IHREC Communications Manager,
01 8589601 / 087 0697095
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Notes to editor:
The full text of the policy statement from the Irish Human Rights and Equality Commission on “The provision of emergency accommodation to families experiencing homelessness” is available at the following link:
Key Concerns:
- The Commission continues to be concerned about the impact of homelessness and living in emergency accommodation on families and children and is of the view, that families should only be placed in emergency accommodation for the shortest possible amount of time.
- The Commission is of the view that family hubs are only appropriate for short-term emergency accommodation. The Commission is concerned that the use of family hubs could normalise family homelessness, which may then lead to families being institutionalised.
- The Commission is of the view that socio-economic rights, including the right to housing, should be enshrined in the Constitution of Ireland.
Key recommendations:
- The Commission is of the view that the wide margin of discretion afforded to local authorities within the current system of emergency accommodation does not adequately protect the right to housing for families experiencing homelessness and recommends the following legislative reforms:
- Section 10 of the Housing Act 1988 should be amended to place a limit on the time that a family may spend in emergency accommodation. It is suggested that time spent in emergency accommodation should be limited to three months with an obligation on a local authority to provide suitable permanent family accommodation thereafter.
- The Minister for Housing, Planning, Community and Local Government should make regulations under section 10(11)(a) of the Housing Act 1988 in relation to the type of emergency accommodation that families may be accommodated in. The regulations should specify that the family should have access to cooking facilities and utensils, a play area, a family room and that family’s right to autonomy and privacy should be respected.
- The Commission is of the view that, given the level of distress experienced by families by virtue of their homelessness, families should not have to source their own emergency accommodation.
- The Commission recommends that in its review of Rebuilding Ireland, the Department of Housing, Planning, Community and Local Government, should carry out an assessment of human rights and equality issues in line with its public sector duty obligations as set out in section 42 of the Irish Human Rights and Equality Commission Act 2014.
- The Commission recommends that Service Level Agreements related to the provision of emergency accommodation should be amended to include commitments to human rights and equality as well as specific references to the rights to family life, autonomy and privacy.
- The Commission recommends that the National Quality Standards Framework for Homeless Services should be developed with due regard to the public sector duty set out in section 42 of the Irish Human Rights and Equality Commission Act 2014.
- The Commission recommends that, once the National Quality Standards Framework for Homeless Services has been developed and implemented, the homeless services should subject to regular inspection by an independent inspection body.
Irish Human Rights and Equality Commission
The Irish Human Rights and Equality Commission was set up on 1 November 2014 as an independent public body, directly accountable to the Oireachtas, to protect and promote human rights and equality in Ireland and build a culture of respect for human rights, equality and intercultural understanding across Irish society.
The Irish Human Rights and Equality Act 2014 sets out the functions of the Commission,
(a) to protect and promote human rights and equality,
(b) to encourage the development of a culture of respect for human rights, equality, and intercultural understanding in the State,
(c) to promote understanding and awareness of the importance of human rights and equality in the State,
(d) to encourage good practice in intercultural relations, to promote tolerance and acceptance of diversity in the State and respect for the freedom and dignity of each person, and
(e) to work towards the elimination of human rights abuses, discrimination and prohibited conduct
The Irish Human Rights and Equality Commission is Ireland’s national human rights institution and is recognised as such by the United Nations. The Commission is also Ireland’s national equality body for the purpose of a range of EU anti-discrimination measures.