Opinion: legislation around homelessness must be updated to adequately recognise extent of the crisis in Ireland
Although Ireland is recognised throughout Europe as one of few states which provides a legislative definition of homelessness, this does not reflect the causes or experience of those who are homeless. The current definition fails to reflect the manner in which many enter homelessness and excludes families and individuals couch-surfing, staying with friends and relatives or living in cars or mobile homes from the homelessness count.
This creates significant gaps in considering who is eligible under domestic homelessness policy as support allocation is dependent on those who qualify under the current definition. Only those who fall within this scope are entitled to State supports.
Adopting an inclusive definition to include hidden homelessness is an important step towards a robust approach to homelessness policy. Expansion of the definition to reflect this best practice definition, would extend protection to vulnerable individuals and families experiencing housing precarity.
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From RTÉ Radio 1's Drivetime, RTÉ reporter Fergal Keane and Threshold's Mark McCafferty on old age homelessness
How the law defines homelessness
Section 2 of the Housing Act, 1988 provides the Irish definition of homelessness. Under the current definition, an individual is considered homeless where (a) there is no accommodation available which, in the opinion of the authority, they can reasonably occupy or remain in occupation of; (b) they are living in a hospital, county home, night shelter or other such institution and are so living because they have no accommodation of the kind referred to in (a); and (c) cannot provide accommodation from their own resources
However, this definition only recognises the most stark form of homelessness - i.e, ‘rooflessness’, without a shelter of any kind, sleeping rough or relying on emergency accommodation provisions. It fails to address other forms of homelessness and hidden homelessness.
Hidden homelessness
Hidden homeless includes all of those without a home or accommodation of their own. This can include those sharing accommodation, couch-surfing, staying with friends or family and sleeping in cars. Individuals experiencing this type of homelessness are currently excluded from Government or specific Local Authority counts. They are hidden statistically and are therefore called hidden homeless.
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From RTÉ Radio 1's This Week, Sinn Féin housing spokesperson Eoin Ó Broin on the hidden homeless in Ireland
How homelessness should be defined
The ETHOS typology of homelessness recognises that most definitions of homelessness, both in policy and legislation, fail to respond to the full extent through which an individual may find themselves homeless. Drafted by the European Observatory on Homelessness operating with European Federation of National Organisations Working with the Homeless,
This identifies four main categories of living situation:
(i) Rooflessness (without a shelter of any kind, sleeping rough)
(ii) Houselessness (with a place to sleep but temporary in institutions or shelter)
(iii) Living in insecure housing (threatened with severe exclusion due to insecure tenancies, eviction, domestic violence)
(iv) Living in inadequate housing (such as unfit housing or extreme overcrowding).
This definition attempts to rectify and eradicate these gaps in common definitions of homeless and goes much further than the Irish definition, responding to the broad manner in which an individual can experience homelessness.
Expansion of the legislative definition means that those 'hidden homeless' would be included in official counts
Why new definitions are needed
The majority of homelessness services in Ireland respond to people rough sleeping and provide temporary shelters and emergency accommodation such as B&Bs. The number of people using these services is monitored to ensure there are sufficient homeless services and to help develop housing policy.
Inclusive homelessness legislation and policy adopts a broad consideration of what it means to be homeless. Such definitions are crucial in responding to proliferating rates of hidden homelessness. Expanding the definition to recognise couch-surfers, people staying with families and those stuck in emergency accommodation requires a much broader range of services be provided.
Here's one example of the difference this would mean. In a 2018 survey of 397 Traveller family units in the Cork and Kerry region, 22% were considered homeless by the State. However, when the ETHOS definition was applied to those surveyed, 85.6% presented as ‘homeless.’ This reflects the manner in which the current definition, upon which homelessness policies are based, is unfit for purpose.
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From RTÉ Radio 1's Morning Ireland, Breda O'Donoghue from the Cork Traveller Visibility Group on the cost of hidden homelessness among the Cork-Kerry Traveller community
Expansion of the legislative definition also means that those ‘hidden homeless’ would be included in official counts. While this would create an increased financial burden for the State, it would also allow us to confront the issue of homelessness head on from a victim-based approach, with a clearer picture as to the extent of the issue.
The current restrictive scope of 'homeless' is ineffective in shaping policy led by need. It further minimises the extent of homelessness experienced within the State. Reform of our domestic homelessness legislation is needed to provide adequate protection for vulnerable individuals and families experiencing homelessness, and to properly inform homelessness policy to affording protection beyond those experiencing ‘rooflessness.’
In reality, those who do qualify under the current definition are just the tip of the iceberg. In the midst of a proliferating housing crisis, the legislative definition must be updated and expanded to reflect the views and lives of those experiencing homelessness.
The views expressed here are those of the author and do not represent or reflect the views of RTÉ
