Bill ‘locks families out of social housing’
Eilis Barry of FLAC Pic: Jason Clarke

Bill could ‘lock families out of social housing’

The Irish Human Rights and Equality Commission (IHREC) has expressed “serious concerns” about plans to introduce new residency requirements for access to social-housing support.

Five independent law centres have also issued a joint statement setting out what they describe as “grave concerns” about the proposals.

The Government announced plans earlier this week to introduce a bill that it said would bring greater clarity on eligibility for social housing. 

The Department of Housing, Local Government and Heritage said that the Housing and Residential Tenancies (Miscellaneous Provisions) Bill 2026 put residency requirements that already existed on a firm statutory footing, adding that it would have little effect on the number of people accessing social housing.

Barriers

IHREC, however, believes that the proposed measures are likely to result in more people being denied access to social-housing assistance.

"The practical effect of these proposals could be that vulnerable individuals and families are locked out of social-housing support altogether,” said chief commissioner Liam Herrick.

“We are particularly concerned that people who are already facing significant barriers – including victims of trafficking and survivors of domestic violence – may find themselves with nowhere to turn except emergency homeless services," he stated.

IHREC has called for exemptions or discretionary provisions to ensure that such groups are not excluded from accessing social-housing support.

‘Disproportionate interference’

The human-rights body says that the bill would place lawful-residence and habitual-residence requirements on all adult members of a household seeking social-housing support.

It argues that  the proposed provisions could lead to entire households being denied assistance because of the residency status of one member of that household.

IHREC has raised concerns that this may amount to a disproportionate interference with private and family life and may be incompatible with Ireland's obligations under European and international human-rights law.

Amendments

FLAC, Community Law and Mediation, Mercy Law Resource Centre, the Immigrant Council of Ireland, and the Irish Refugee Council have all expressed similar concerns, saying that the bill’s provisions may act as a barrier to households who are living and working lawfully in Ireland from accessing social housing.

The law centres are particularly concerned about indications from the Department of Housing that the bill may be amended at Committee Stage to introduce similar conditions for access to emergency homelessness accommodation.

FLAC says that such changes could “drastically shrink the social safety net and reduce the protections from homelessness and destitution that have been provided for in Irish law for almost four decades”.

All five law centres have also expressed concern at the speed at which the bill is progressing through the legislative process.

‘Onerous’ conditions

FLAC chief executive Eilis Barry rejected suggestions that the bill would merely place existing conditions for access on a firmer legal basis, saying that it created “a range of onerous new conditions”.

“It is particularly concerning that this flawed legislation is being progressed at a time when the entrenched housing crisis continues to cause division and harm to our communities, including minority ethnic groups, and migrants,” said CLM chief executive Aoife Kelly-Desmond.

Paul Dornan (managing solicitor of Mercy Law Resource Centre) said that the speed of the process would limit “any substantive legal and human-rights review of this important legislation”.

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