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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: Apologies, and there are the exclusions from paragraphs (d) to (j)-----

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: -----capture the people who have been through the international protection system or programme refugees. Other than those people, because there are special conditions for folks who have been through international protection applications or are programme refugees but for others there is a five-year rule being imposed here.

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: Do our guests accept that social housing support and citizenship are two very different things and should not necessarily have the same reckonable residency eligibility criteria?

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: Under new section 20A(3), I could have a legal right to long term reside in the State but I would not have a five-year reckonable residency. Therefore, even though I have a legal right to reside long term, and it is my intention to remain here, I could be deemed to fall foul of the reckonable residency requirement of five years.

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: In that sense, simply, if I have the legal entitlement to reside for five years or more.

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, because I have got the two years. I either must have a legal right to reside here for five years in total or I have to have been residing for five years.

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 it the view that there is a cohort of people who currently have a social housing eligibility but were these rules in a place at an earlier stage ,they would not do? I will put my question another way. There is a group of people who, when these rules apply, or when this law is passed and these rules apply, a group of people who previously would have been deemed eligible for social housing...

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 get that. Is there a concern that a group of people who, because of the weaker nature of the circular are securing a right to social housing support, would be denied access to social housing support were it on a firmer statutory basis?

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 am talking about future applicants. Is part of the intention here to limit the capacity to grant social housing support to new applicants whereby those people, if this legislation was not introduced, may secure social housing supports because of the non-primary legislative basis of the rules?

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: Does Mr. Kelly think this will work exactly the same as the current circular?

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, sure.

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: To pick up on that point, the most recent report gave a figure of approximately 40% of households in emergency accommodation being from EU-EEA or non-EU-EEA third countries. It is approximately the same percentage as the CSO figure of households living in the private rental sector headed by somebody not born on the island of Ireland, which probably makes sense. The 25% figure is really...

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: Therefore, that in and of itself would not be a legitimate ground for a local authority to refuse somebody emergency accommodation, if it was available.

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: Just so I am clear, in addition to the testimony we heard earlier, I can testify directly to the committee that I deal with cases from a number of local authorities where people who do not have a social housing eligibility but do have an emergency accommodation need are at times initially refused. We have to fight the refusal and eventually we might have it overturned. People may come to 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 why I said in and of itself not having an active social housing file would not be a ground to refuse. Obviously there may be other grounds such as income or access to alternative properties. In case Ms Neary feels left out, I have two questions on Part 4 because this is really important, if that is okay Chair?

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: This question is for Ms Neary or Mr. Kelly, whoever is most appropriate. In terms of the explicit powers for the Minister to prevent a building from being used, it might be useful to articulate that to the committee in summary form. My second question concerns the following: "The amendments also provide a legal remedy for the uncommon situation whereby works have commenced or been completed...

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: How will it function? The current situation is that if somebody allows a building to be occupied without a completion certificate he or she can be prosecuted, and on securing a conviction there is a pretty hefty fine or custodial sentence. I think it is a sentence of up to six months and a fine of up to €10,000. This would be for each individual breach of this aspect of the Act....

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 the Minister could prosecute if the planning authority does not.

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