Joint Statement - Independent Law Centres express “grave concerns” about rushed Housing Bill which could result in a rise in Homelessness & Rough-Sleeping

10 June 2026

Five of Ireland’s Independent Law Centres have written to the Minister for Housing and the Oireachtas Housing Committee to express their serious concerns about the Housing and Residential Tenancies (Miscellaneous Provisions) Bill 2026. The 2026 Bill will undergo Second Stage in the Dáil tomorrow (Thursday, 11 June).
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, commented today:

“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.

Alarmingly, the Department has not published any impact assessment in relation to the proposals and their potential effects in terms of homelessness, destitution and rough-sleeping. The timeframe for Oireachtas scrutiny and consideration of the 2026 Bill is inexplicably short. We have written to the Minister and to the Oireachtas Housing Committee and have emphasised that it is vital that proper scrutiny and consultation takes place in relation to this legislation.”

Aoife Kelly-Desmond, CEO of Community Law and Mediation, commented:

“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.

In just the last two weeks, reports have highlighted the rise in race-based vandalism of council properties; the risks of sexual exploitation faced by vulnerable people, especially migrant women, from housing precarity; and the devastating impact of the housing crisis on people experiencing domestic abuse. By the Minister’s own statement in the accompanying press release, the Bill will not result in significantly increased social housing supply. Instead, as currently drafted the Bill risks adding legal and administrative complexity without practical benefit.”

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.

The Bill was only released on Wednesday, 3 June with the intention that it pass Committee stage by 16 June. We are deeply concerned that the speed of the process engaged in will have the effect of limiting any substantive legal and human rights review of this important legislation. This creates the risk of the enactment of a Bill which may have unintended and wide-reaching harmful consequences for large numbers of households in need of State support, while also potentially operating in breach of EU law, human rights obligations, and potentially Constitutional requirements of fair procedures.”

ENDS.

FLAC’s full preliminary analysis of the 2026 Bill may be accessed here.
CLM's letter to the Oireachtas Housing Committee may be accessed here.
The Housing and Residential Tenancies (Miscellaneous Provisions) Bill 2026 may be accessed here.

Notes:

FLAC (Free Legal Advice Centres) is an independent legal, human rights and equality organisation, which works in a number of different ways to promote equal access to justice:

In 2024, our Telephone Information and Referral Line responded to 11,435 queries. FLAC also provides Phone Legal Advice Clinics.
Our independent law centre provides targeted legal services for the Traveller and Roma communities and also undertakes public interest litigation (i.e. cases which may have an impact beyond the individual).
FLAC also operates PILA which facilitates NGOs to obtain legal assistance from private lawyers via its pro bono referral scheme.
FLAC makes policy recommendations in relation to areas of law that most impact on people living in poverty and disadvantage, including equality and anti-discrimination law, social welfare law, housing law, human rights law, and access to justice.

Community Law & Mediation (CLM) is an independent community law centre, established in 1975. It has two centres, in Coolock and Limerick city, and offers legal, mediation and community education services on a nationwide basis. In addition to meeting a continued high demand for help with homelessness, housing, employment, equality and social welfare matters, it also provides specialist children’s law and environmental justice services.

Mercy Law Resource Centre (MLRC) was established in 2009 and is an independent law centre, registered charity and company limited by guarantee. MLRC provides free legal advice and representation to people who are homeless or at risk of becoming homeless. It also seeks to advocate change in laws, policies and attitudes which unduly and adversely impact people who are at the margins of our society.

The Immigrant Council of Ireland is a human rights organisation and Independent Law Centre which supports and advocates for the rights of immigrants and their families and act as a catalyst for public debate, legal and policy change.

The Irish Refugee Council works with, supports and represents refugees, delivering a broad range of services, sharing and learning from best practices, conducting research and undertaking advocacy that defends and strengthens rights, prevents regression and contributes to a stronger, more inclusive Ireland. The Independent Law Centre provides legal representation to international protection applicants and refugees throughout the international protection process, and in relevant matters such as to international protection applicants experiencing homelessness.