MLRC’s response to comments from An Taoiseach Simon Harris on homelessness and immigration
Mercy Law Resource Centre (“MLRC”) has deep concerns over the representation of the issue of homelessness in Ireland by An Taoiseach Simon Harris. MLRC has provided legal advice, support, and representation to people experiencing or at risk of homelessness since 2009. During this time, Ireland has experienced an unprecedented housing and homelessness crisis that predates any notable increases in immigration to Ireland or numbers of people seeking International Protection.
Who is homeless in Ireland?
MLRC fundamentally disagree with the Taoiseach’s comment that “homelessness numbers are heavily impacted by the fact we are seeing many people seek protection in our country, seek asylum in our country and many people come from abroad hoping to have a new future in Ireland”.[1]
Those who are “officially” homeless in Ireland do not include persons seeking international protection, who are entitled to be provided with ‘material reception conditions’ from the Department of Children, Equality, Disability, Integration and Youth (“DCEDIY”). Indeed, official homeless statistics don’t even include those international protection applicants who, unlawfully,[2] have not received access to these material reception conditions and reside in tents by the canal and throughout the country.
‘Official’ homelessness numbers in Ireland do not include those persons who have made Ireland their home, been granted refugee status, and are working, contributing, but unable to leave IPAS Accommodation because there is no affordable rentals available to them. This is also the case for Irish individuals and families in the same situation, couch surfing or staying with their parents because they cannot afford to move out.
‘Official’ homelessness numbers don’t account for persons who cannot leave domestic violence refuges or HSE facilities because they cannot find anywhere they can afford to live in this country. This is despite the fact that the legal definition of homelessness, which has not been amended in 34 years and is wholly out of date, is supposed to include persons who are “living in a hospital, county home, night shelter or other such institution, and is so living because he has no accommodation”.[3]
‘Official’ homelessness numbers don’t account for the now hundreds of individuals and families, both Irish and non-Irish nationals, who MLRC have had to assist where local authorities, without lawful basis or providing any written reasons, have simply refused to provide them with emergency accommodation in the last number of years.
‘Official’ homelessness numbers are artificial due to the huge numbers of persons experiencing hidden homelessness throughout the State.
Clarification by An Taoiseach Simon Harris
An Taoiseach subsequently clarified his comments, indicating that there is a link between persons leaving IPAS Accommodation and becoming homeless.[4]
An Taoiseach failed to mention that these are families who are becoming homeless due to two key factors – the first, a lack of affordable options for persons to move out of IPAS accommodation. The second is a recent policy by the DCEDIY to begin to enforce departures from IPAS accommodation by ordering transfers between centres, sometimes to ‘tented accommodation’, resulting in households having to choose between giving up work, school, and connections in their local area, or presenting as homeless to their local authority. These are not typically ‘new arrivals’ but rather people who have resided here for some time, had their claims assessed and approved, and yet still been unable to make the jump to living independently. Where families do not wish to become burdens on the State by losing employment, many are entering further forms of hidden homelessness such as couch surfing and rough sleeping, while others are transferring from DCEDIY provided IPAS Accommodation into homeless accommodation provided by local authorities – and thereby being officially recorded as homeless.
This means of recording data on ‘direct provision leavers’ only commenced in Q1 2024. In Q2 2024, where reasons were collected for persons entering homelessness, “Leaving Direct Provision” was the fourth most common form of homelessness, behind notice of termination in private rentals, relationship breakdowns, and “Other Reason Given.”[5] This data is new, and reflective of a government policy of moving people out of IPAS accommodation.
This policy, rather than the individual choices of these families, is impacting on official homelessness numbers by recognising a cohort who have experienced homelessness for years without previously being recorded as such.
Causes of Homelessness
The causes of the homelessness crisis are multi-faceted and directly relate to decisions made by central and local government over many years. The Taoiseach noted that there is a way forward, but MLRC would note that cranes on the horizon don’t accord with the figure that 25% of families in Dublin living in emergency accommodation remain there in excess of two years.[6] Indeed, the harms of long stays in emergency homeless accommodation on families have recently been highlighted by MLRC in our new report “Excluded and Left Behind: The Lived Experience of Long-Term Family Homelessness on Minority Ethnic Families and the Effects on Their Children”[7] and these harms should not be forgotten in discussions which focus on statistics.
Moving people out of homelessness and into sustainable homes must be a priority to prevent entire generations being left behind.
The same challenges faced by families in IPAS Accommodation who can’t afford to rent privately are being faced by Irish families facing evictions by private landlords, or being unable to move out of the family home. These challenges relate to a lack of affordable and social housing, which has created an overreliance on the private rental sector, contributing to vastly inflated rental costs.
These have been problems in the making for over a decade and suggesting that they are somehow a new phenomenon related to immigration is disingenuous and should be avoided.
ENDS
[1] Hugh O’Connell, ‘Simon Harris: I’ll talk election dates after the budget’ 22 September 2024 (The Times, Dublin). Available at: https://www.thetimes.com/world/ireland-world/article/simon-harris-interview-ill-talk-election-dates-after-budget-8s9t65lph
[2] See Irish Human Rights and Equality Commission v Minister for Children, Equality, Disability, Integration and Youth [2024] IEHC 493
[3] Section 2, Housing Act 1988
[4] Paul Hosford, ‘Taoiseach defends comments linking homelessness levels and migration’. 23 September 2024 (Irish Examiner, Cork). Available at: https://www.irishexaminer.com/news/politics/arid-41481343.html
[5] Department of Housing, Local Government and Heritage (2024) ‘Homeless quarterly progress report for quarter 2.’ Available at: https://www.gov.ie/en/publication/64abd-homelessquarterly-progress-report-for-q2-2024/
[6] Ibid
[7] Available at: https://mercylaw.ie/wp-content/uploads/2024/09/MLRC-Minority-Children-Homelessness-Report2024.pdf
