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Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Housing (Miscellaneous Provisions) Bill 2024: Discussion (23 Apr 2024)

Eoin Ó Broin: I thank the witnesses for their answers to all the questions that have been asked. One of the things I am trying to get my head around is what may be the interaction between habitual residency and lawful residency as they are outlined in the general scheme of the Bill, and reckonable residency, which, as Mr. Murtagh said, is not referenced but obviously has a legal meaning. For those of us...

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Housing (Miscellaneous Provisions) Bill 2024: Discussion (23 Apr 2024)

Eoin Ó Broin: That is cool.

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Housing (Miscellaneous Provisions) Bill 2024: Discussion (23 Apr 2024)

Eoin Ó Broin: That would include people who are citizens or who have a stamp 4 visa.

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Housing (Miscellaneous Provisions) Bill 2024: Discussion (23 Apr 2024)

Eoin Ó Broin: We are all relatively aware of how habitual residency is currently applied when applying for social housing in that the person has been living in the area for a certain period, he or she works a certain distance from the area and his or her children are in school. Habitual and long-term residency are not the same thing. Habitual residency is where my centre of interest is currently. There...

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Housing (Miscellaneous Provisions) Bill 2024: Discussion (23 Apr 2024)

Eoin Ó Broin: Very briefly and I would like to give Mr. Allen a minute of the one minute 40 seconds left in my slot, I have a question on the subsection that refers to the future intentions of the person concerned as they appear, from all the circumstances. Has Ms Heavey ever come across eligibility criteria like that where the deciding officer is trying to establish what he or she thinks might be the...

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Housing (Miscellaneous Provisions) Bill 2024: Discussion (23 Apr 2024)

Eoin Ó Broin: Mr. Allen has one minute.

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Housing (Miscellaneous Provisions) Bill 2024: Discussion (23 Apr 2024)

Eoin Ó Broin: Yes.

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Housing (Miscellaneous Provisions) Bill 2024: Discussion (23 Apr 2024)

Eoin Ó Broin: Can I ask a quick supplementary question?

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Housing (Miscellaneous Provisions) Bill 2024: Discussion (23 Apr 2024)

Eoin Ó Broin: The more I listen to this, the more I ask, given that it takes between six and 14 years to get a social house, whether this is really about HAP eligibility. Is there somebody somewhere who thinks that there is a group of people who get HAP and who are not really interested in getting long-term social housing? Is it being suggested that they are the people we want to exclude from the system?

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Housing (Miscellaneous Provisions) Bill 2024: Discussion (23 Apr 2024)

Eoin Ó Broin: I thank Mr. Kelly for the presentation. I have questions on Parts 2 and 4. If I do not get to the Part 4 questions in the first round I will come back to them in the second round. To go back to Senator Boyhan's original question, clearly the legal advice is that it would be better if there was a primary legislative basis to this conditionality rather than the circular. The question is...

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Housing (Miscellaneous Provisions) Bill 2024: Discussion (23 Apr 2024)

Eoin Ó Broin: Has no analysis been done to underpin the decision to have this Bill in front of us?

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Housing (Miscellaneous Provisions) Bill 2024: Discussion (23 Apr 2024)

Eoin Ó Broin: Has there been no analysis on numbers and volume?

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Housing (Miscellaneous Provisions) Bill 2024: Discussion (23 Apr 2024)

Eoin Ó Broin: So not that Mr. Kelly is aware of. Obviously this is not just about residency, but the interaction of three different ways of thinking about residency - the legal right to reside, habitual residency and reckonable residency. A lot of the concern in the earlier section was about the interaction of those three, and particularly whether reckonable residency is going to be a determinant on...

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Housing (Miscellaneous Provisions) Bill 2024: Discussion (23 Apr 2024)

Eoin Ó Broin: Is Mr. Kelly saying reckonable residency will not be part of the decision-making methodology of the local authority staff members in the way it is with social welfare entitlements, for example?

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Housing (Miscellaneous Provisions) Bill 2024: Discussion (23 Apr 2024)

Eoin Ó Broin: Would it be fair to say that, at this stage, even the Department is not clear on how reckonable residency will interact with the other two concepts?

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