NOVAS has significant concerns about provisions contained in the Housing and Residential Tenancies (Miscellaneous Provisions) Bill that could fundamentally change access to emergency homeless accommodation in Ireland and have serious consequences for some of the most vulnerable people in our society.
We are concerned that proposals to introduce statutory eligibility criteria for emergency homeless services, alongside expanded powers to withdraw emergency accommodation, risk undermining recent advances through the Homeless Family and Child Action Plan and the Prevention Framework.
Emergency accommodation is distinct from longer term housing supports. It is an immediate humanitarian intervention designed to protect life, health and dignity during periods of acute crisis. NOVAS believes that access to emergency shelter should remain available to anyone facing an immediate housing emergency while eligibility is being assessed.
We are particularly concerned that requiring people to satisfy the Habitual Residence Condition before accessing emergency accommodation could create significant barriers for those in crisis, including people fleeing domestic abuse, leaving institutional settings, or experiencing serious mental health difficulties. Many individuals simply will not have the documentation needed to establish residency when they urgently require shelter.
We are also concerned that the proposed measures could affect entire households where one family member does not satisfy the residency requirements, potentially impacting children and disproportionately affecting groups already at greater risk of homelessness, including survivors of domestic abuse, victims of human trafficking, members of the Traveller and Roma communities, people with insecure immigration status, and those experiencing extreme poverty.
The proposed “safety net” of discretionary night-by-night accommodation also raises important concerns. We believe emergency accommodation should provide stability and safety rather than creating uncertainty or increasing the risk of rough sleeping.
NOVAS is calling for stronger statutory safeguards, including:
- Emergency accommodation remaining available while eligibility is being determined.
- A statutory right of appeal for all decisions relating to emergency accommodation, including refusals of access.
- Fair and transparent decision-making, supported by documented risk assessments.
- Greater accountability through monitoring and reporting on how these powers are used.
These proposals represent one of the most significant reforms of homelessness legislation in many years. Given their potential impact, NOVAS believes they require robust safeguards and continued engagement with the homelessness sector to ensure that the legislation achieves its objectives while protecting those most at risk.
NOVAS remains committed to working constructively with Government and stakeholders to ensure that no one experiencing a housing crisis is left without access to safe emergency accommodation.
