A number of new safety nets are being introduced in terms of decision-making. It has to be a reasonable offer and it always has to meet the needs. There is an appeals mechanism and the best interests of the children are considered. There will be clear guidelines and training for local authorities to ensure consistency. If somebody refuses a reasonable offer that meets their needs, then the safety net is the night-to-night accommodation that will be provided to them. Nobody should have to rough sleep.

The Senator is talking about a situation where a family has refused a reasonable offer of a home. There is no reason for a family to refuse a reasonable offer of a home. Training and guidelines will be given to make sure the offers are reasonable and people are dealt with compassionately. I do not envisage those circumstances arising. They should not arise.

I have answered all the questions already. Nobody is sending anybody out. The only circumstance in which this may happen is where somebody has been given a reasonable offer of a home and turns it down. The local authority may then act. It is not that it will; it may. It can take all circumstances into account at that time. There are many safeguards but we want people to spend the minimum amount of time in emergency accommodation and that is a good thing. We do not want people spending time in emergency accommodatio…

No.

I completely reject that mis-characterisation and the Senator's attribution of mala fides . It is outrageous commentary. Nobody is forcing anybody.

The Senator has obviously made her mind up on it.

I have answered all the policy questions.

I cannot accept the proposed amendments. The safety net provision for persons or households who are ineligible for homeless accommodation is not a continuous provision. The inclusion in the legislation of the hours of 8 p.m. to 8 a.m. makes this clear. This provision allows local authorities to reassess the circumstances each day to determine that the safety net is still necessary. The inclusion of the specific hours of 8 p.m. to 8 a.m. rather than referring to singular nights of accommodation is to make absolutely…

Clear guidance will be provided to local authorities that the eight-to-eight period is a statutory minimum.

Generally, where guidance comes from is from the Department and the Minister in the Department of housing.

There is no difficulty. We can do that.

The Government supports section 7 standing part of the Bill and cannot accept any amendment to it. Section 7 introduces two sections into the Housing Act 1988, section 10A and section 10B. Section 10A implements the Government's policy aim of introducing eligibility criteria around legal and habitual residency in respect of section 10 local authority-provided homeless services and supports while at the same time offering a safety service in line with Ireland's obligations under the European Convention on Human Righ…

There is no two-night limit. I have emphasised that on Second Stage and again here on Committee Stage. It is very clear-----

I probably lost the question in all of the invective. The why is in the interest of fairness. We are providing housing supports for people and the requirement is that they are legally here and intend to make this their home. That is not an unreasonable requirement of people to whom we are providing social housing or emergency accommodation. For those who do not meet those requirements, there is a safety net there.

I cannot accept amendments Nos. 10 and 11. The interpretation of "lawfully resident" and "habitually resident" is construed in accordance with section 20A, which sets out the new residency requirements for social housing applicants. Section 20A provides that "A household shall not be eligible for social housing support unless at the time of carrying out the social housing assessment" each member of the household is lawfully resident, habitually resident, meets any condition applicable to a member and no member is s…

As the Senator is fully aware, when a person is trafficked into this country, the supports are provided by the Department of justice, which initially decides the status. People being trafficked are not in any way affected by this legislation and it is the same with domestic violence. I have clarified this on a number of occasions, but I will clarify it again. This is about habitual residents in the State; local entitlement within a local authority is a different question. However, once you have established legal en…

I have just clearly set that out with regard to human trafficking and domestic violence.

I am happy to address that because I have addressed it in multiple debates already in relation to this miscellaneous provisions Bill. There is a problem with the lack of consistency in the application of the circular across the country. We are deliberately bringing this in to ensure there is regulatory certainty and consistency, and we will also be providing guidance and training to our local authorities to ensure it is applied consistently. I have said, not just in this debate but also in previous debates on this …

I cannot accept amendment No. 14. As outlined on Committee Stage in the Dáil, my Department has engaged in extensive and continuous consultation with legal advisers throughout the development of the residency requirements, from initial drafting to finalisation. This has involved detailed consideration of all relevant constitutional, European Union and international legal principles. Legal advice received during drafting outlined that the State is entitled to lawfully restrict access to social housing supports durin…

Unfortunately, I cannot accept amendments Nos. 16, 17 and 18. Under subsections 20(4) and 20(6) of the Housing (Miscellaneous Provisions) Act 2009, the Minister has the power to make regulations setting out the criteria for determining the eligibility and need for social housing support. The legislation in relation to eligibility makes specific reference to eligibility criteria based on income, the availability of alternative accommodation and previous rent arrears in local authority housing and, in relation to the…