Housing and Residential Tenancies (Miscellaneous Provisions) Bill 2026: Committee and Remaining Stages
Seanad Éireann — 2026-07-14
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Laura Harmon (LAB), Industrial and Commercial Panel

I move amendment No. 14:
In page 15, after line 38, to insert the following:
“(13) Nothing in this section shall be construed as—
(a) restricting or qualifying any right conferred on a person by the Treaties of the European Union or by the Regulations of 2015, or
(b) requiring a housing authority to act in a manner incompatible with the State's obligations under the Convention within the meaning of the European Convention on Human Rights Act 2003.”.
This amendment is designed to safeguard European Union and human rights obligations. It ensures no provision within this section can override existing EU law or the European Convention on Human Rights, ECHR. The Bill as drafted, imposes residency requirements without any express acknowledgement of EU free movement rights or ECHR obligations. This amendment makes explicit what the Constitution and EU law already require, which is that housing authorities cannot apply these conditions in a manner that is incompatible with EU treaty rights or with the State's obligations under the Convention.
This is a straightforward amendment. We are bringing it forward in a spirit of co-operation to ensure this Bill does not inadvertently contradict our outstanding obligations. The Irish Human Rights and Equality Commission has pointed out the three-month rule may violate EU freedom of movement law. Under Directive 2004/38/EC, an active worker or self-employed individual has immediate rights to equal treatment and cannot be subject to an arbitrary minimum waiting period to access housing assistance.

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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