2026-06-11

I thank all the Members for their contributions during the Second Stage debate. Some concerns were raised and there was some support for the provisions within the Bill. I hope some of that can be addressed on Committee Stage. I was here when Deputy O’Reilly raised the issue of the terrible situation her constituent finds himself in. As she knows, the Minister cannot get involved in individual cases but I wish that gentleman the best of luck in his treatment and recovery. It should be the case that our emergency accommodation provision is fit for purpose, is comfortable and is a safe place. If that is not the case, I urge the Deputy to bring it to our attention if there is a particular emergency accommodation she has concerns about because that should not be the case. In relation to the social housing provisions and residency requirements, these legislative reforms are building on existing policy and procedures which, in the first instance, define social housing as a long-term housing support and therefore successful applicants must be in a position to demonstrate that they have a long-term right to reside in the State, that is, their permission to reside here is not temporary or short term. These statutory provisions are founded on the Government’s objective to ensure a robust legislative framework and a consistent and standardised approach across the local authority sector to eligibility for social housing. There is currently no provision in the housing Acts requiring residency as an eligibility criterion for social housing support. The policy and guidance on this matter are provided in a 2012 Department circular. There is strong advice that operating such a significant decision framework in the absence of a statutory structure brings risks to the State. The Government is moving to manage that risk and ensure transparency and clarity for applicants and decision makers. I understand that the pre-legislative scrutiny process, the Oireachtas joint committee report and engagement and input from the IHREC were an important benefit to the drafting of the provisions, since the general scheme was published in January 2024. This is a complex area of law, social housing and immigration policy, with a significant quantity of international and European law and case law needing to be considered. The advices and support of officials in the Department of Justice, Home Affairs and Migration and the Attorney General’s office have been important throughout, and the Government is satisfied that the Bill as drafted is fit for purpose. A number of meaningful policy and legislative changes have been initiated in this area since the general scheme was drafted. These include the enactment of the International Protection Act 2026 and plans for the ending of temporary protection. The Department, in consultation with the Department of justice, has worked to ensure the Bill aligns with existing social housing policy and is robust but flexible, allowing the Minister to respond to the practical realities of the immigration and permissions system where the Minister for justice has powers to grant permissions and stamps, and set conditions which can change over time. The introduction of the new habitual residency requirement for all social housing applicants as a new eligibility criterion is consistent with the approach taken in social protection legislation. The measure will ensure social housing support recipients are resident in the State, have close links to the State and have made Ireland their home. This habitual residence requirement is a question of fact, which seeks to ascertain whether the household member has established his or her centre of interest in the State by examining family connections, length of stay, employment history, etc. However, this habitual residency requirement will not be onerous for those already assessed for social housing, on the waiting list and potentially being reassessed, as is normal practice over time under existing legislation, given that they are likely to already have been present in the State for a significant period of time. Very little additional information will be required as part of the application process for social housing. Much, if not all, of the existing documentation required, such as proof of address, income and history of residency permission, will in most cases suffice. The new requirement does not impact those already in receipt of social housing support, for example, or on HAP or in local authority or AHB dwellings, on the basis that they have moved past the eligibility process and their housing need is met. In relation to the appeals mechanism, the Government is committed to the necessity for independence and fair process in the administration of these decisions. Again, the provisions have been the subject of detailed advices from the Attorney General to ensure that they are robust and meet a high bar of independent and transparent process. The administration of the appeals mechanism remains within the local authority sector but it continues to be the case that applicants unhappy with the outcome of an appeal can make a case to the Ombudsman. The timelines for both applicants and appeal officers were developed following consultation with the local authority sector and drawing from existing experience of appeals and review processes already in place. On that basis, these timelines have been deemed to be sufficient and fair. Notwithstanding that local authorities are already operating residency eligibility requirements for social housing on a non-statutory basis, important preparatory work is under way with the assistance of the Housing Agency to build a suite of information and training resources. New application forms and related public information are being developed to assist applicants with the process of both applying for social housing and making an appeal. Similarly, in the case of the new appeals mechanism, the Department and the Housing Agency will work closely to ensure a standardised approach to the implementation of the new provisions. Ongoing monitoring of the volume of appeals, and outcomes of the appeals, will be important to ensure that greater understanding can be brought to how decision-making can be improved in the interest of applicants. The programme for Government 2025, Securing Ireland's Future, commits to protect renters and landlords from abusive practices by enhancing the enforcement powers of the Residential Tenancies Board, RTB. The Government’s action plan on housing supply and targeting homelessness, Delivering Homes, Building Communities, similarly commits to strengthening the RTB’s organisational capacity, processes and performance to ensure that its business and resourcing needs are optimised. These processes are important in the light of the updated regulatory and legislative framework being introduced through this Bill to better serve the rental sector. It is important for both landlords and tenants that disputes are resolved as early as possible, and that parties to the dispute consider the process transparent and reflective of our rental law. The Government has provided increased levels of funding to the RTB, which will support improved dispute resolution and enforcement activities to minimise dispute resolution timelines and ensure effective outcomes for both landlords and tenants. Part 3 of the Bill provides for technical amendments to the residential tenancies Acts 2004 to 2026 to enhance its implementation and the outcomes thereunder, with greater efficiencies for stakeholders, including the Residential Tenancies Board and the courts. The vast majority of the amendments were included in the Residential Tenancies (Amendment) (No. 3) Bill 2024, as initiated in Dáil Éireann on 24 July 2024. However, they lapsed with the dissolution of the Dáil on 8 November 2024. Many amendments were also included in the general scheme of the residential tenancies (amendment) (No. 2) Bill, approved by the Government on 14 October 2025. The amendments to sections 9, 137, 137A and 138 are additional and are required in order to increase the penalties that apply for offences under the residential tenancies Acts, clarify the RTB powers to charge late registration fees to approved housing bodies and increase registration fees in line with inflation. The key provisions of Part 3 of the Bill aim to streamline the court enforcement of RTB determination orders; allow members of An Garda Síochána and officers of a housing authority, if required, to provide evidence in certain RTB dispute resolution cases, such as where antisocial behaviour arises or there is danger posed to a dwelling; empower the RTB to issue 28-day fixed payment notices for certain offences to provide the opportunity for the offender to avoid prosecution and to speed up compliance with the residential tenancies Acts; and clearly provide for public RTB hearings in the context of adjudication, tribunal and sanctioning cases. These reforms to how we regulate the sector will be critical as our rental sector continues to grow into the future. The Irish rental market grew in quarter 1 of 2026, with registered private and cost-rental tenancies increasing by 2.4% year on year to 246,477, the highest level since the data series began. The RTB also received 16,548 new tenancy registrations for quarter 1 of 2026. The number of private landlords rose by 1.3% annually to 105,847, indicating increased participation in the rental market. While the notice of termination figures increased in the first two months of 2026, the data show a downward trend following the February peak. There are always landlords entering and leaving the rental market, with new notices of termination and new registrations. However, the longer term trends show that the market continues to grow. We must provide the RTB with the tools and resources to effectively regulate the sector. Since the Government announcement on 10 June 2025 on the enhancement to rent controls and tenancy protections, my Department has engaged extensively with the RTB in relation to resource requirements for both staff and funding in order that it can implement rental law promptly and effectively. An Exchequer allocation of €22.8 million has been provided to the RTB for 2026, which is an increase of €8 million compared with 2025. This increase will assist the RTB to deliver its demand-led services and enable the enhancement of its ICT systems. My Department will continue to work with the RTB to ensure that it is sufficiently resourced to implement legislative changes and deliver on its mandate. The Minister of State, Deputy Cummins, has already specified to the House the further Government amendments to the residential tenancies Acts that will be made as the Bill progresses through the legislative process. I thank Deputies for their contributions and commend the Housing and Residential-----

The Minister of State did not reply to any of the questions I asked.

-----Tenancies (Miscellaneous Provisions) Bill 2026 to the House.

It is farcical.

I look forward to progressing through the remaining Stages of the Bill over the coming weeks.