Independent Law Centres warn that last-minute amendments to Housing Bill will deprive homeless people of access to emergency shelter and leave them at risk of destitution

8 July 2026

Five of Ireland’s Independent Law Centres have expressed their serious concerns about Report Stage amendments to the Housing and Residential Tenancies (Miscellaneous Provisions) Bill 2026 which will overhaul Ireland’s homelessness legislation. The 2026 Bill is scheduled to undergo Report and Final Stages in the Dáil this evening (Wednesday, 8 July) at 7:15pm.
The Government’s Report Stage amendments would be the first changes to Irish homelessness law in almost 40 years. They propose to create legal and habitual residence conditions for access to emergency homelessness accommodation. This alters the current position where a local authority may provide emergency accommodation to any person who meets the statutory definition of a ‘homeless person’.
In a letter to the Minister or Housing, FLAC states that “it seems highly likely that [the amendments] will lead to a rise in the number of people who are forced to ‘sleep rough’ and who may effectively become destitute in the absence of entitlement to access even basic shelter. This, in turn, will likely impact on individuals, families and children’s fundamental and constitutional rights, and lead to litigation.” FLAC has called on the Minister to not proceed with the legislation.
The introduction of the amendments at Report Stage severely limits opportunity for debate and scrutiny of the changes, and leaves no opportunity for consultation.
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 proposed amendments constitute an overhaul of Irish homelessness law. Their effect would be to shrink the social safety net and to reduce the protections from homelessness and destitution which have been provided for in Irish law for almost four decades. It is impossible to square the proposals with the Government’s stated aim of eradicating homelessness. They run directly counter to the recommendations of the previous Oireachtas Housing Committee which followed from consultation and which were evidence-based.

The practical consequences of the proposed changes may be to remove the safety-net of emergency accommodation for communities already most at risk of homelessness and, in turn, lead to a rise in the number of people and families ‘rough-sleeping’ and at risk of destitution. They will also create additional administrative barriers which may delay or prevent people and families experiencing homelessness from accessing emergency accommodation. FLAC has significant concerns about the Bill’s compliance with EU law and about how it could give rise to interference with people’s rights under the Constitution. There has been no clear statement of the rationale for those changes, nor is there any evidence that the Department has carried out a human rights or equality impact assessment of the changes.”

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

“The insertion of residency requirements for access to homeless supports will have a disproportionate and devastating impact on groups who already experience disadvantage, discrimination and marginalisation (including victim-survivors of domestic violence, trafficked people, members of the Traveller and Roma communities and those experiencing extreme poverty).

The requirement for all members of the household to meet the residency requirements and the lack of discretion in this regard is inhumane. For example, it appears that this will result in the denial of access to emergency accommodation for children, including Irish citizens, where one parent doesn’t meet the habitual residence test. Given the complexity of assessing residency status and the lack of a statutory time period for the assessment, this could leave people who are fully entitled to services without shelter for an unspecified period while the assessment is carried out.”

Paul Dornan, Managing Solicitor of Mercy Law Resource Centre, commented:

“It is concerning that such potentially significant changes to the operation of homelessness law in Ireland were not shared key stakeholders and elected representative in good time to allow for genuine consultation, scrutiny and understanding. Introducing these proposals as an amendment to an already complex Bill is inappropriate.

Mercy Law have brought the Minister’s attention to a number of examples where our clients would have been unable to satisfy the new provisions contained in these amendments and where they may, as a result, have been forced into rough sleeping or other precarious or unsafe arrangements.”

ENDS

FLAC’s letter may be accessed here and its earlier preliminary analysis of the 2026 Bill may be accessed here.
CLM’s letter to the Minister may be access 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.