I move amendment No. 1: In page 5, line 10, to delete “Housing (Miscellaneous Provisions) Act 2009” and substitute the following: “Housing (Miscellaneous Provisions) Act 2009; to provide for additional eligibility criteria for access to certain services provided to homeless persons under section 10 of the Housing Act 1988; to provide for withdrawal of such services in certain cases; to provide for an appeal in respect of such withdrawal; for those purposes to amend the Housing Act 1988”. On Second Stage of the Housing and Residential Tenancies (Miscellaneous Provisions) Bill 2026, I indicated that I would bring forward a number of homelessness-related amendments to the Housing Act 1988. I am now putting these amendments before the House. The amendments are proposed in the context of the considerable changes in the nature of homelessness that have occurred since the Housing Act 1988 was enacted. In line with amendments to eligibility for social housing support, lawful residency and habitual residency as the eligibility criteria for accessing homeless supports are being put on a statutory footing. This will ensure the State is operating a harmonised and consistent approach to the provision of social entitlements in general. To guard against rough sleeping, a safety net service is being introduced to allow local authorities to provide emergency accommodation to a person deemed ineligible for homeless supports and services. This service will be provided in strictly limited circumstances on a night-to-night basis. The circumstances in which local authorities can withdraw the provision of emergency accommodation will be expanded to include refusal of a reasonable offer of social housing made by a local authority and circumstances where a person engages in behaviour causing or intending to cause serious harm or death to another user or staff member of the emergency accommodation. A further amendment will introduce a mechanism of appeal against decisions made by local authorities in relation to the withdrawal of the provision of emergency accommodation. I am also introducing an obligation on local authorities to have regard to the best interests of children when making decisions on the available accommodation to be provided to a family with children who have been assessed as homeless. As a complement to this measure, a definition of child is being introduced to the Housing Act 1988. As Deputies will already be aware, a Committee Stage amendment to the Housing (Miscellaneous Provisions) Act 2009 would make the Child and Family Agency a mandatory member of each joint homelessness consultative forum across the country.
Sentiment score: 0.12
I move: That the Bill be recommitted in respect of amendments Nos. 1 and 8 to 11, inclusive.
Sentiment score: 0.24
A lot of issues were raised. I will try to address as many as I can. In relation to the time and the use of the word "night", the definition of night time differs greatly between 21 June and 21 December. That would have created an extraordinary level of uncertainty as to when somebody can go in or not. That is why a time was chosen. The Deputy can argue about the time, but certainly using the word "night" would have given a great level of uncertainty. That is why a time was put in there for that matter. Nobody has ever suggested that this was a solution to homelessness. It will not affect the numbers. It will not increase the number of rough sleepers, either, in any shape or form. Regarding the appeal mechanism for those refused emergency accommodation, they can, of course, immediately reapply. That is the nature of emergency accommodation, unlike maybe other decisions the Government, State agencies or local authorities make. It is not the end of the road. They can go immediately back in and make another application. I intend to ensure that where somebody is refused emergency accommodation, a reason for their refusal will be communicated in writing. That person will have the right to have a decision reviewed by a more senior member in their local authority to ensure that there is consistency in the decision-making on it. On the comments about people sleeping out in the snow, every local authority has a severe weather protocol. I expect those to be put into place. Nobody should be out on the streets in extreme and severe weather. In my experience with local authorities and certainly in my own one, they are very responsive and take a very precautionary approach in those types of situations to ensure that people are not out. Children, of course, are exempt from these rules. That is very important to remember in the context of some of the comments that have been made. It is important to remind Members what we are discussing here. This is legal and habitual residence. Regarding what local authority a person is entitled to apply for, that is more to do with the local connection. It is not habitual residence. Habitual residence is about your intent to remain in the State and make the State your home. The local connection is a very different matter and is more concerned with the local authority under which you will make your application. Rough sleepers are very much considered here. That is why there is a safety net. Not only can people immediately reapply for emergency accommodation but if there is any risk of them rough sleeping, they will be given accommodation on a night-to-night basis, for two nights initially and then night to night after that. If somebody does need to establish legal and habitual residence in the State and they are looking for long-term supports from the State, it not an onerous requirement that they should be legally here and intending to stay here and that this is their home. That is the current policy. We are ensuring it is put in on a statutory basis. I do not have any particular issue in relation to it. Regarding human trafficking, if somebody is trafficked, the initial supports are provided by the Department of justice. There are strong protocols in place there. I know that because I was in the Department of justice. That Department will be able to make the decision as to the status of that person and whether to issue that person a visa or what status they should have to remain here. On domestic violence, again, this is about legal and habitual residence. If somebody who is subject to domestic violence needs emergency accommodation, they will be provided with emergency accommodation. Only last week, I brought in new rules to allow people who are the victims or survivors of domestic violence to bring their time served in one local authority to another local authority to ensure that the supports are put in place. One of the reasons we are bringing in the legislation is to ensure that there is consistency, because there is a level of inconsistency right across the country among local authorities. I have seen it myself. While local authorities are very much doing their best in often very difficult situations, putting it in legislation and on a statutory basis brings that level of consistency such that staff in local authorities will know exactly how to apply the law and know what the law is. They will be given support and guidance from my Department. That crucial safety net is there for people who are at risk of rough sleeping. I have addressed most of the key issues, although maybe not the invective.
Sentiment score: 0.07
In relation to being able to reapply versus make an appeal, any appeal takes time. These people are in a crisis at that point in time - we agree on that - so the quickest method is to reapply rather than going through a complicated appeals process. In relation to the two nights for the initial situation, if that person cannot make other arrangements and is at risk of rough sleeping, such as over a bank holiday weekend, the local authority would be expected to give them another night. The whole purpose of this safety net is to ensure that they are given a place. On the lawfulness, the Attorney General's office is satisfied that all of this is in accordance with all law. We would not be doing it otherwise. This has no impact on people who have international protection and have a right to remain here. If they are lawfully here, they will be habitually resident here as well, so there is no impact on them. There is no impact on refugees either. They are also here as of right. If someone is an asylum seeker, he or she will be in an IPAS centre or other accommodation provided by the Department of justice. Again, therefore, whatever the status of that Palestinian family, there is no reason for them, or anybody, to be without accommodation.
Sentiment score: 0.04
On Deputy Gould's point, the woman in that very traumatic situation has been provided emergency accommodation in the past and there is no reason she would not be provided it again in the future. If there is any way the Deputy wants me to help with that woman, who is in a very difficult situation, he should please provide the details. It is the same for that Palestinian family. We are always happy to intervene. I am not going to comment on Deputy Coppinger's usual self-righteous nonsense suggesting she has a monopoly on compassion-----
Sentiment score: -0.07
This is too often what we get, unfortunately-----
Sentiment score: 0.00
It is very easy to come in here with your personal invective but you have to engage with policy. That is what we need to be doing rather than your usual commentary in relation to it-----
Sentiment score: 0.32
I let you speak and as usual-----
Sentiment score: 0.00
I let you speak but you will not let me speak.
Sentiment score: 0.00
It is a democracy. I know you do not really believe in this type of democracy but it is a democracy. What we are doing here is putting in very important legislation to bring consistency to social housing qualification and homelessness in this country. I believe it will help to bring clarity right across the country and will help people, in some cases, who are not getting their rights met by having this level of consistency and guidance that we have provided from the Department.
Sentiment score: 0.27
This refers to reasonable offers of accommodation, so it is not any offer. It is about turning down a reasonable offer of accommodation. It is up to the local authority to ensure that appropriate and safe emergency accommodation is provided, and for people like that woman in particular. I know the Deputy likes to absolve the local authority of any responsibility whatsoever for anything but it is up to the local authority to ensure appropriate emergency accommodation is provided. The local authorities are well funded to do so and they should do so for a woman in that very traumatic type of situation.
Sentiment score: 0.15
I move amendment No. 2: In page 5, line 11, after “hearings” to insert “, and the determination of disputes,”. Amendments Nos. 2 to 4, inclusive, are technical drafting amendments to ensure that the Long Title of the Bill more accurately describes the content and purpose of the Bill, taking account of the Government amendments since publication. The Bill provides for procedures for the determination of disputes by the RTB and the enforcement of such determinations, increases the penalties for summary convictions for offences under the residential tenancies Acts 2004 to 2026, and provides for the RTB to serve fixed payment notices in respect of certain offences under the RTA. Government amendment No. 26 amends section 9 of the Act of 2004 to clarify that its provisions apply to all offences under the Act other than under section 148S(16). Separate provision is made within section 148S for the penalties to apply upon summary conviction and conviction on indictment for an offence under that section. Government amendment No. 27 provides technical amendments to section 9 to clarify that it provides penalties on summary conviction. At the request of the RTB, the timeframe to institute a prosecution is also proposed to be extended from one year to three years after the date of the offence. Section 148S of the Act of 2004 is contained in Part 7A, which provides for the investigation and sanction by the RTB of improper conduct by a landlord. It provides that a person who either holds, destroys, conceals or refuses to provide any information or records required for the purposes of an RTB investigation, fails or refuses to comply with any requirement of an RTB authorised officer or otherwise obstructs or hinders an RTB authorised officer in their work, is guilty of an offence. The penalty that currently applies under section 148S(16) on summary conviction is in line with the penalty that will apply, if the Bill is enacted, on summary conviction for all other offences under the RTA, that is, a class A fine or imprisonment for a term not exceeding 12 months, or both. The penalty that currently applies under section 148S on conviction on indictment will not change under this Bill, that is, a fine not exceeding €50,000 or imprisonment for a term not exceeding five years, or both. An offence under section 148S(16) is the only indictable offence under the RTA. Section 9 of the Act of 2004 provides for penalties on summary conviction. Section 148S(16), subject to subsection (10), states that a person who either holds, destroys, conceals or refuses to provide any information or records required for the purposes of an investigation, fails or refuses to comply with any requirement of an authorised officer under this section or otherwise obstructs or hinders an authorised officer in the performance of functions imposed under this Part, is guilty of an offence and liable on summary conviction or on conviction on indictment. Government amendments Nos. 32, 36, 47 and 48 clarify that it will not be required that a fixed payment notice or a copy be provided to the RTB with the corresponding payment of the fine. The aim is to provide for the payment of fines by landlords to be as streamlined as possible for the sector, including the RTB. The RTB is confident that it will be able to track individual payments to correspond with a specific fixed payment notice and, therefore, there is no need to burden the sector with a requirement to provide a copy of the fixed payment notice itself, as these amendments aim for efficiency.
Sentiment score: -0.18
I move amendment No. 3: In page 5, line 12, after “Board” to insert “, and the enforcement of such determinations”.
Sentiment score: -0.15
I move amendment No. 4: In page 5, lines 12 and 13, to delete “to increase the penalties for certain offences under the Residential Tenancies Act 2004” and substitute the following: “to increase the penalties for summary offences and to provide for the service of fixed payment notices in respect of certain offences under the Residential Tenancies Act 2004”.
Sentiment score: 0.14
I move: "That the Bill be recommitted in respect of amendments Nos. 5 and 25."
Sentiment score: 0.24
I move amendment No. 5: In page 5, line 13, after “2004;” to insert “to provide that the Residential Tenancies Act 2004 shall not apply to certain dwellings;”. Amendment No. 5 is a technical drafting amendment to ensure the Long Title of the Bill more accurately describes the content and purpose of the Bill, taking account of amendment No. 25, which proposes to insert a new section into the Bill to disapply the 2024 Act in respect of detached auxiliary dwellings that are developed as exempted development under the forthcoming amendments to the planning and development regulations SI 600/2021. Such detached auxiliary dwellings must be constructed, erected or placed to the rear of a person's principal house, that is, their principal private residence. The 2024 Act shall not apply to a detached auxiliary dwelling in a rear garden that is such an exempted development where the principal house is the owner-occupied principal private residence of the landlord of the auxiliary dwelling. Section 3(2) of the 2024 Act provides a list of dwellings to which the Act does not apply. Section 13 of the Bill proposes to expand this list to include paragraph (j) to disapply the Residential Tenancies Act in respect of the aforementioned detached auxiliary dwelling, subject to certain conditions, as outlined. The intention is to disapply the 2024 Act from the same day that the related exempted development provisions under the forthcoming amendments to the planning and development regulations, PDR, come into operation. On and after that date, the 2024 Act will disapply in respect of such detached auxiliary dwellings that might be developed in the future. It is the intention for a detached auxiliary dwelling that is developed having availed of the new exemption from planning permission to remain outside the scope of the 2024 Act, irrespective of any future amendment to the PDR requiring planning permission for such new structures.
Sentiment score: 0.06
We are not talking about stand-alone properties. These properties are on the land and the curtilage of the homeowner. The renter shares all the services with the homeowner, including the driveway and the water and electricity facilities coming in. We already do this with the rent-a-room scheme. People can rent a room under licence in a homeowner's property. The residences we are discussing will likewise be on a homeowner's property. Such a building is considered an extension, albeit a detached one. It does not have its own folio, does not count towards housing numbers and cannot be sold separately. It is part of the main homeowner's property. Where a principal private resident avails of this exemption, constructs a detached auxiliary dwelling within an existing residential curtilage and rents it out, that arrangement will have to be outside of the remit of the Residential Tenancies Act. We cannot have homeowners in that situation, who may be elderly people and so on who cannot sell their home, subject to that type of obligation. I acknowledge it is a difficult situation but when we examine it, the idea that someone renting out a property on the wider property of a homeowner is renting a completely separate dwelling governed by the Residential Tenancies Act is completely unworkable and unmanageable. Homeowners would entirely lose control of their own home, their right to which is protected under the Constitution. That is the reality of the situation. These properties are built and have to be built to the highest standards. Building regulation compliance is not simply about when something is built; it is also about maintenance as well. Licensing is always kept under review but I take Deputy Sheehan's point in that regard.
Sentiment score: 0.02
I move amendment No. 8: In page 6, between lines 3 and 4, to insert the following: “PART 2 AMENDMENTS TO HOUSING ACT 1988 Interpretation ( Part 2 ) 4.In this Part, "Act of 1988" means the Housing Act 1988.".
Sentiment score: -0.10
I move amendment No. 9: In page 6, between lines 3 and 4, to insert the following: “Amendment of section 1 of Act of 1988 Section 1 of the Act of 1988 is amended by the insertion of the following definition: “ 'Act of 2009' means the Housing (Miscellaneous Provisions) Act 2009,".".[]
Sentiment score: -0.10
I move amendment No. 10: In page 6, between lines 3 and 4, to insert the following: “Amendment of section 10 of Act of 1988 6. Section 10 of the Act of 1988 is amended— (a) in subsection (1), by the substitution of “A housing authority may, subject to section 10A and to such regulations” for “A housing authority may, subject to such regulations”, (b) in subsection (8)— (i) in paragraph (a)(ii), by the substitution of “own resources,” for “own resources, or”, (ii) by the insertion of the following paragraphs after paragraph (b): “(c) that person (whether as a household within the meaning of section 18A of the Act of 2009 or part of such a household) refuses one reasonable offer of a form of support referred to in paragraph (a), (b) or (d) of section 19(2) of that Act, or (d) that person intentionally or recklessly engages in conduct which causes death or serious harm to another person in the accommodation or lodgings,”, and (iii) by the substitution of “the authority may determine that such accommodation or lodgings shall no longer be made available to the person and may require the person to vacate the accommodation or lodgings” for “the authority may cease to have such accommodation or lodgings made so available and may require the person to vacate the accommodation or lodgings”, (c) in subsection (10), by the substitution of “to determine if a person is homeless or to determine, under section 10A(1), if a person is eligible to access arrangements, assistance or accommodation provided by a housing authority under subsection (1)” for “to determine if a person is homeless”, and (d) by the insertion of the following subsections after subsection (11): “(12) Where, by virtue of subsection (1)(c), accommodation is provided or rented, or where lodgings are arranged, for a person and a child who normally resides with the person, a housing authority shall have regard to the best interests of that child when considering available accommodation or lodgings for that person under subsection (1)(c). (13) In this section— ‘child’ means a person who has not attained the age of 18 years; ‘serious harm’ means injury which creates a substantial risk of death or which causes serious disfigurement or substantial loss or impairment of the mobility of the body as a whole or of the function of any particular bodily member or organ.”.”.
Sentiment score: -0.10
I move amendment No. 11: In page 6, between lines 3 and 4, to insert the following: “Insertion of new sections 10A and 10B in Act of 1988 7.The Act of 1988 is amended by the insertion of the following new sections after section 10: “Residency requirements 10A.(1) A person shall not be eligible to access arrangements, assistance or accommodation provided by a housing authority by virtue of section 10(1) unless the authority, having carried out an assessment, is satisfied that the person, and any person who normally resides with that person or who might reasonably be expected to reside with that person, meets the requirements referred to in section 20A(1) of the Act of 2009. (2) For the purposes of subsection (1), section 20(7) of the Act of 2009, in so far as it relates to section 20A of that Act, and the said section 20A, shall apply subject to the following modifications: (a) a reference to a household shall be read as a reference to— (i) a homeless person who, but for being such a person, would live alone, (ii) a group of persons comprising a homeless person and one or more other persons who normally reside with that person, or (iii) a group of persons comprising a homeless person and one or more other persons who might reasonably be expected to reside with that person; (b) a reference to social housing support shall be read as a reference to arrangements, assistance or accommodation provided under section 10; (c) a reference to a social housing assessment shall be read as a reference to an assessment for the purposes of subsection (1); (d) any other necessary modifications. (3) Subject to subsection (4), where a person does not meet the eligibility requirements referred to in subsection (1) and, in the opinion of the housing authority, that person is seeking alternative arrangements, assistance or accommodation and no such alternative arrangements, assistance or accommodation are available to that person, a housing authority may, on the date on which such opinion is formed, make arrangements for, or provide assistance or accommodation to, that person by virtue of section 10(1) between the hours of 8 p.m. on that date and 8 a.m. on the date immediately following that date. (4) Where a housing authority has made arrangements for, or provided assistance or accommodation to, a person under subsection (3), the housing authority may make arrangements for, or provide assistance or accommodation to, that person for a further period between the hours of 8 p.m. and 8 a.m. on the date immediately following the date on which the opinion referred to in subsection (3) was formed where, in the opinion of the authority, alternative arrangements, assistance or accommodation continue to be unavailable to that person. (5) A housing authority may refuse to make arrangements under subsection (3) where alternative arrangements, assistance or accommodation have been refused by the person within a period of 24 months prior to seeking accommodation under section 10(1). (6) Where, under subsections (3) or (4), arrangements are made, or assistance or accommodation are provided, such arrangements, assistance or accommodation shall not be considered for the purposes of determining, under section 20A of the Act of 2009, as applied by subsection (1), whether the person in respect of whom such arrangements have been made or to whom such assistance or accommodation has been provided, is habitually resident in the State. (7) Subsection (3) shall not apply to: (a) an applicant within the meaning of section 2 of the International Protection Act 2015; (b) a person to whom section 60 of the International Protection Act 2015 applies; (c) an applicant within the meaning of section 2 of the International Protection Act 2026; (d) a person to whom section 237 of the International Protection Act 2026 applies. Appeal of determination under section 10(8) 10B.(1) Where a housing authority determines, under section 10(8), that accommodation or lodgings shall no longer be made available to a person, that person may appeal that determination. (2) An appeal under subsection (1) shall be made to the chief executive of the housing authority concerned, or, in the case of Limerick City and County Council, to the director general of Limerick City and County Council, within 14 days of the notification by the housing authority to the person concerned of the determination under section 10(8). (3) An appeal under subsection (1) shall be in writing and shall state the ground or grounds on which the appeal is made. (4) An appeal under subsection (1) may, to support a ground of the appeal, be accompanied by any information relevant to the making of the appeal. (5) On receipt by the chief executive or the director general, as the case may be, of an appeal under subsection (1), the chief executive of the authority, or, in the case of Limerick City and County Council, the director general of Limerick City and County Council, shall appoint an officer or employee of the authority to decide the appeal (in this section referred to as an ‘appeals officer’) and shall furnish that person with the appeal. (6) An appeals officer shall be a person who— (a) did not make the determination concerned, and (b) is in a more senior role in the authority than the person who made the determination or in a role that is equivalent in seniority to a role that is more senior than the role of that person. (7) An appeals officer shall be independent in the performance of his or her functions under this section. (8) An appeals officer shall decide an appeal under subsection (1) within 14 days of receipt of the appeal and shall— (a) confirm the determination concerned, (b) vary the determination, or (c) set aside the determination and, where the appeals officer considers it appropriate, make an alternative determination. (9) In deciding an appeal under subsection (1), an appeals officer shall consider whether the housing authority acted reasonably and in good faith in making the determination, under section 10(8), that accommodation or lodgings shall no longer be made available to the person. (10) A decision of an appeals officer on an appeal under subsection (1) shall be in writing and shall include reasons for the decision. (11) An appeals officer shall provide a copy of his or her decision to the person who appealed, under subsection (1), the determination. (12) A decision of an appeals officer on an appeal under subsection (1) shall be final.”.”.
Sentiment score: 0.20
I move amendment No. 21: In page 14, line 14, to delete “shall” and substitute “shall be in writing and shall”.
Sentiment score: -0.15