Eilis Barry

The bill proposes to introduce strict new conditions for access to social housing supports which would require people seeking social housing to demonstrate that they are legally resident in the State and that they satisfy a ‘habitual residence’ test. Those provisions may act as a barrier to households who are living and working lawfully in Ireland from accessing social housing, and may significantly increase the risk of homelessness for non-Irish nationals and members of minority ethnic and migrant communities. The changes could also exclude people who are entitled to be in Ireland under EU law from access to social housing.

The Department of Housing has indicated that the bill may be amended at committee stage to introduce similar conditions for access to emergency homelessness accommodation. Such changes could, according to FLAC, “drastically shrink the social safety net and reduce the protections from homelessness and destitution which have been provided for in Irish law for almost four decades”. FOI records released to FLAC suggest that the department is aware of the potential adverse impact that these changes could have on vulnerable and marginalised communities.

All of the organisations have expressed concerns at the speed at which the bill is progressing through the legislative process. The bill will undergo second stage just eight days after it was published and committee stage five days later. The deadline for submission of committee stage amendments falls before the general principles of the bill have even been debated.

FLAC, Community Law and Mediation, Mercy Law Resource Centre, the Immigrant Council of Ireland and the Irish Refugee Council work directly with the communities who are likely to be adversely impacted by the 2026 bill and their analysis of it is drawn from their significant experience of advocating for those communities and their rights.

FLAC chief executive, Eilis Barry, said: “The changes to social housing law contained in the 2026 bill and the potential further changes to homelessness law which may be added to the bill at committee stage are a source of grave concern. The Department of Housing has sought to suggest that, for the most part, the changes would simply place conditions for access to social housing which already existed on a firmer legal basis. In reality, the proposed new restrictions on access to housing go far beyond any pre-existing ‘policy’ and create a range of onerous new conditions.

“It appears that committee stage amendments will be made to the bill which will provide that new legal and habitual residence conditions will also apply in the context of access to emergency homelessness accommodation. This would be highly regressive, and could drastically shrink the social safety net and reduce the protections from homelessness and destitution which have been provided for in Irish law for almost four decades. 

“We cannot understand why these very consequential new provisions (which have never undergone pre-legislative scrutiny) would only be added to the bill at committee stage. FOI records released to FLAC show that these amendments have been under consideration since at least 2023 and that the work of drafting them was well advanced at that stage.”

Aoife Kelly-Desmond, CEO of Community Law and Mediation, added: “The effects of the bill will undoubtedly be felt most acutely by those from minority ethnic and migrant communities, including migrant workers who are lawfully resident and working in the State, and victims of trafficking and domestic violence. 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.”

Paul Dornan, managing solicitor of Mercy Law Resource Centre, commented: “We are deeply concerned with the speed with which this important bill is being moved through the Oireachtas. Our office has reservations about the compliance of multiple sections of this bill with human rights law, EU law, and indeed potentially Irish Constitutional Law. This new bill carries substantial departures from the previous Heads of bills that raise their own independent and serious legal concerns.”