Housing and Residential Tenancies (Miscellaneous Provisions) Bill 2026: Committee and Remaining Stages Seanad Éireann — 2026-07-14 ============================================================ James Browne (FF), Wexford In relation to Senator McCarthy’s amendment, while it was a very well intentioned and constructed amendment, it has been disallowed. It was not my decision on those matters. I am satisfied the safeguards and safety net are there for those who are not entitled by way of legal or habitual residence. That can be ongoing for as long as is necessary but it will be night to night. I am satisfied the vulnerable groups the Senator mentioned will not be impacted. As for those who are the beneficiaries of temporary protection, they of course are accommodated by the Department of justice and it is that Department's duty to ensure they are properly cared for. In regard to amendment No. 2, Irish citizens are automatically legally resident. That is made clear in the proposed section 20A(3)(a) set out in the Bill. In practical terms, if an Irish citizen has severed ties abroad and has decided to return home, the process of establishing habitual residency could be determined from day one. It is neither intended nor anticipated that the residency eligibility criteria for accessing homeless support under section 10 of the Housing Act 1988 would have a disproportionate impact on Irish citizens returning to live in Ireland following extended periods of residence abroad. While a local authority is determining whether a member of a household is habitually resident in the State, it will take into consideration all the circumstances of the case as set down in section 20A(7) in the Bill. The five factors are not exhaustive and other evidence may be drawn upon to support a positive decision by the housing officer. Additionally, no one factor is decisive, and an applicant need not score strongly on all five factors to achieve a positive decision. I am aware that there have been concerns raised by some parties, including Crosscare and Safe Home Ireland, and other organisations representing the interests of the diaspora returning from abroad. I assure Senators and those bodies that it is not my intention, nor the intention of my Government colleagues, to place additional burdens on those individuals. Government policy explicitly recognises returning emigrants as a valuable asset in bringing international experience, skills, and networks that contribute to Ireland’s social, cultural, and economic development. Current diaspora strategies commit the Government to addressing obstacles faced by returning emigrants, including issues relating to documentation and other administrative processes, to ensure that returning to Ireland is as straightforward as possible. These habitual residency requirements will not undermine those objectives. I have already confirmed very little additional information will be required as part of the application process for social housing. Much, if not all of the existing documentation required - for example, proof of address, income and history of residency permission - will suffice. However, where additional evidence or supporting material for an application is required, local authorities will be empowered to request that to support their decision-making. The Department, in collaboration with the Housing Agency, will provide comprehensive guidance, training and workshops to all local authorities on an ongoing and regular basis. This guidance will be a live working framework that will benefit from ongoing updates and the input of officials in the Department of foreign affairs and bodies like Crosscare and others. There is a strong consensus that a standardised approach to the implementation of the EU provisions is critical. The introduction of a new social housing appeals mechanism is a further important development. Applicants will be able to make a statutory appeal of the decision not to grant them eligibility for social housing support. My Department is also working in close collaboration with the Local Government Management Agency to progress enhancements to IT databases and housing management systems across the local authority sector. The purpose of this work is to ensure that systems are appropriately configured to capture, monitor and report on the decisions in a consistent and structured manner. These system updates will also facilitate more efficient administrative processes within the local authorities and support the standardisation of practices across the sector. In the longer term, the enhanced data capability will allow the Department to better assess trends in decision-making, identify areas for improvement and ensure that the appeals process is operating effectively and fairly. In terms of the specific impacts of the legislation on particular groups and the overall approach to monitoring EU statutory requirements, I am happy to engage with the Senators this time next year in the context of the data that I have referred to. --- Source: Houses of the Oireachtas. Licensed under CC BY 4.0 (https://creativecommons.org/licenses/by/4.0/). The Official Report is revised after first publication; the fetch timestamp below identifies the version quoted. Record URI: https://data.oireachtas.ie/akn/ie/debateRecord/seanad/2026-07-14/debate/main Retrieved: 2026-08-27T06:52:15+00:00 Sitting date: 2026-07-14