Provisions likely to result in people being forced into emergency accommodation, IHREC says in submission to Minister for Housing
The Irish Human Rights and Equality Commission (‘the Commission’), has today raised key concerns relating to the General Scheme of the Housing (Miscellaneous Provisions) Bill 2024, in a submission to the Minister for Housing, Local Government and Heritage.
The proposed legislation raises significant human rights and equality issues, and we have concerns that these provisions could have a discriminatory and disproportionate impact on ethnic minority communities, and on the most vulnerable groups in our society.
The submission highlights how statutory lawful and habitual residence eligibility criteria will likely lead to an increase in non-Irish nationals being excluded from the housing list. In other areas of the State where the ‘habitual residence’ condition is applied, for example under social welfare law, Migrant, Traveller, and Roma families face particular challenges in meeting its conditions. This can be due to employment patterns, absence of family ties, or overall length of time spent in the country. Although applied to all applicants for benefits regardless of nationality, the ‘habitual residence’ condition in that context is not neutral in its application in practice.
Such barriers demonstrate the need for clear administrative accountability and a substantial appeals mechanism. However, this is not provided for in the proposed legislation. Considering the complexity of the issues to be determined and the impact of incorrect decisions on social housing applicants, we note that this may amount to a breach of an applicant’s rights to fair procedures as protected by the Constitution, the EU Charter of Fundamental Rights and the European Convention on Human Rights.
Also of concern is that the General Scheme makes the assessment of the lawful and habitual residency criteria a prerequisite to proceeding further in assessing a household’s eligibility for social housing support. Essentially, this would have the effect of preventing some people from making an application for social housing support.
Given the significant human rights and equality issues raised, we have recommended that the State demonstrate the need for, and the value of, the proposals and outline how it will ensure that the proposals will not have a discriminatory and disproportionate impact on structurally vulnerable groups. We have also called for a formal, standardised independent appeals mechanism in respect of social housing decisions to be set out as a statutory requirement in the legislation.
Deirdre Malone, Director of the Commission,
“It is crucial that amidst a housing crisis, the State does not add additional barriers for some of the most vulnerable people in our society applying for social housing support.
Before proceeding further with this legislation, we call on the State to examine all the human rights and equality considerations raised by its introduction, and to take action to ensure those rights are protected.”
Link to the report here:
Submission to the Minister for Housing, Local Government and Heritage on the General Scheme of the Housing (Miscellaneous Provisions) Bill 2024
ENDS/
For further information, please contact:
Sarah Clarkin IHREC Communications Manager,
01 8592641 / 087 4687760
sarah.clarkin@ihrec.ie
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Notes for Editors
Full list of recommendations include:
On ‘lawful residency and habitual residency’, the Commission recommends that;
- Before proceeding further with the legislative proposals, the State considers the human rights and equality considerations raised by the proposed measures.
- Any legislative proposals in relation to access to social housing supports must take account of the Department of Housing, Local Government and Heritage’s Public Sector Duty obligations under Section 42 of the Irish Human Rights and Equality Commission Act 2014.
- In light of the significant human rights and equality issues raised by the legislative proposals, the State must first demonstrate the need for, and value of, the proposals and how it will ensure that the proposals will not have a discriminatory and disproportionate impact on structurally vulnerable groups.
On the lack of an appeals mechanism, the Commission recommends that;
- A formal, standardised independent appeals mechanism in respect of social housing decisions be set out as a statutory requirement in the legislation.
On the impact on homeless services, the Commission recommends that;
- The State sets out clearly in the legislation that the requirement to prove lawful and habitual residence does not apply to applications for emergency services under the Housing Act 1988 in order to prevent any issues for persons accessing emergency accommodation.
On the prerequisite to the Social Housing Eligibility Assessment, (Head 5(1)), the Commission recommends that;
- The legislation clarifies that the lawful and habitual residence requirement forms part of the overall assessment of housing need and will not be a new preliminary criterion, which an applicant must meet before they can be assessed for social housing.
On the requirement for all household members to be habitually and lawfully resident in the State, (Head 5(1)), the Commission recommends that;
- The requirement for all household members to demonstrate lawful and habitual residency in the State be removed.
On access to social housing supports for EU/EEA nationals (Head 5(2)), the Commission recommends that;
- The absolute bar on all EU/EEA citizens accessing social housing assistance during the first three months of residence in Ireland be removed from the legislation as it is not compliant with EU law.
On reckonable residency for non-EU/EEA nationals, (Head 5(3)), the Commission recommends that;
- The State must ensure that any difference in treatment between third country nationals based on length of residence and/or residence permission must be objectively and reasonably justified, pursue a legitimate aim, and be proportionate to the aim.
- The legislation be amended to ensure that the 5 years reckonable residency requirement does not apply to victims of trafficking in a manner that is contrary to the Anti-Trafficking Directive.
On persons deemed lawfully resident, (Head 5(5)), the Commission recommends that;
- The legislation be amended to include parents of EU citizen children accessing education in another Member State in the list of persons having a lawful right to reside.
On the exclusion of certain cohorts of person, (Head 5(10)), the Commission recommends that;
- It is made clear in the legislation that residence in the State prior to receiving status can be relied upon for the 5 years reckonable residency requirement so that there is not a disproportionate impact on international protection applicants seeking housing assistance.
On failure to provide for exemptions in relation to habitual residence, the Commission recommends that;
- legislation should include exemptions from the habitual residence requirement for victims of trafficking and victims of domestic, sexual, or gender based violence.
Irish Human Rights and Equality Commission
The Irish Human Rights and Equality Commission is an independent public body, appointed by the President and directly accountable to the Oireachtas. The Commission has a statutory remit set out under the Irish Human Rights and Equality Commission Act (2014) to protect and promote human rights and equality in Ireland, and build a culture of respect for human rights, equality and intercultural understanding in the State.
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.
