Oireachtas Joint and Select Committees
Tuesday, 23 April 2024
Joint Oireachtas Committee on Housing, Planning and Local Government
General Scheme of the Housing (Miscellaneous Provisions) Bill 2024: Discussion
11:00 am
Mr. David Kelly:
People may suggest that it will do one thing but I need to stick to what the legislation does, which is look at entitlements to long-term social housing support. If issues arise in relation to that being conflated with emergency accommodation, it is something the Department can work on with the local authorities.
Data was provided by the DRHE, which showed quite a number of people in emergency accommodation did not have a social housing application, so I suppose that demonstrates to some extent at least that the DRHE provides people with emergency accommodation without them having been deemed eligible for social housing. I am not arguing that there may have been cases in the past where local authorities have done it but the proposed legislation does not impact on emergency accommodation.
In terms of European law and human rights law, this is a general scheme so it will evolve and be refined and changed as it goes through the drafting process. The Attorney General's office looked at this general scheme when it was being approved by the Government but the detailed examination happens at drafting so I would be fairly confident that the Bill that goes to the Oireachtas after the drafting process will be consistent.
I am not aware that it is consistent, but I did hear an assertion that maybe it was not consistent. I know from our own engagements with legal advisers that there is a growing and ever-changing body of EU case law relating to citizens accessing State supports. We will be very reliant on the Attorney General making sure that the legislation is consistent with the latest EU legislation in this area.
In terms of stakeholder consultation, there was quite a bit of consultation with NGOs. I know the Department also wrote to IHREC with details of the proposed legislation. I am not sure if a formal response has been received but there was consultation.
I cannot remember the Senator's last question.
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