COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL
MEETING OF SOUTH DUBLIN COUNTY COUNCIL
Monday, March 14, 2022
QUESTION NO. 2
QUESTION: Councillor M. Johansson
To ask the Chief Executive what actions are being taken to implement the recommendations set out in the Irish Human Rights and Equality Commission report on the SDCC Traveller accommodation Equality Review, and to specifically comment on the Public Sector Equality and Human Rights Duty as specified in the report?
REPLY:
In 2020, this Council was invited to carry out an Equality Review of Traveller Accommodation pursuant to section 32(1) of the Irish Human Rights and Equality Commission Act 2014. Updates on actions being taken in this regard are set out below:
Conduct a detailed Census of Traveller Accommodation Needs
In preparing our Traveller Accommodation Programme (TAP), the Council must, having undertaken appropriate consultation, make an estimate of the current and projected accommodation needs of Traveller families arising over the five-year programme.The next Traveller Accommodation Programme will cover the period 2024- 2029 and, accordingly, the next scheduled detailed Traveller census to be prepared in South Dublin is provisionally scheduled to take place in late 2023/early 2024 in preparation for that new TAP. In the interim, the next national census will take place on 3rd April 2022 with results projected to be available on a phased basis from April to December 2023 – this will provide an analysis of local Traveller demographics at county level that will also assist and inform our next TAP.
Equal Status Policy/Equality Statement
The Council has established an interdepartmental working group to progress the Human Rights and Equality Framework, as set out in our Corporate Plan 2020-2024 and required under Section 42 of the Irish Human Rights and Equality Commission Act 2014 (Appendix 1). The Senior Executive Officer with responsibility for Traveller Accommodation has been nominated as a member of this working group recognising the housing function as a service to which human rights and equality considerations are particularly essential. It is our intention to include an equality statement in upcoming TAP review.
Presentation of Data in TAPs and Progress Reports
The recommendation was noted, and it will be incorporated into how relevant data and updates are presented, particularly using our recently introduced Integrated Housing System which will assist greatly with recording and presentation of data as recommended from now on, including for the upcoming required TAP review.
Respect for Traveller culture and identity in the provision of housing and accommodation services to Travellers
The Council is currently in consultation with Travellers regarding the redesign and construction of new Traveller accommodation developments in Oldcastle, Clondalkin and Owendoher Haven, Rathfarnham. CENA (Culturally Appropriate Homes), a Traveller-led accommodation association, have been engaged to consult with existing residents of these sites in relation to the delivery of new culturally appropriate accommodation that respects their ethnicity. We are taking this approach to ensure that there is ownership, input and full participation by Travellers on in meaningful consultation mechanisms to deliver accommodation that reflects Traveller culture and ethnicity including the needs of older Travellers and Travellers with a disability. These processes are ongoing with proposed designs emerging form them. We also intend to engage CENA on similar initiatives in future where possible and appropriate to do so.
Strengthening the needs assessment process and verifying the preferences of the Traveller community in relation to type of accommodation
The imminent inclusion of an ethnic identifier in the application for Social Housing Support and in associated online application forms within our new Integrated Housing System will, over time, greatly strengthen the quality, accuracy and analysis of data regarding the accommodation preferences of Travellers.
Responding to the practical implications of Traveller ethnicity, in the provision of standard housing, in particular for supporting and sustaining integrated diverse communities
Recent years have seen a significant increase in the number of Travellers who opt for standard social housing to meet their accommodation needs. As a Housing Authority, it is important that Travellers are aware that standard social housing is an alternative option available in addition to Traveller specific accommodation options, as opposed to feeling they have no option but to take standard social housing where Traveller specific accommodation is unavailable or unsuitable. It is also important to note that a standard tenancy agreement applicable to all standard social housing tenants which it would not be appropriate to amend to suit particular or diverse needs on a case-by-case or group-by-group basis.
Tracking the experiences of the Traveller community in seeking to secure accommodation in the private rented sector and addressing the issues identified
The imminent inclusion of an ethnic identifier in the application form for Social Housing Application (i.e., to allow applicants identify themselves as a Traveller if they wish) will assist with tracking the experiences of Travellers who are new applicants for the Housing Assistance Payment (HAP) and Rental Accommodation Scheme (RAS) in securing private rented accommodation. This will require the development of data sharing protocols with the National HAP shared service provider hosted in Limerick City and County Council.
Developing culturally specific responses to the needs of Travellers experiencing homelessness
The Council and the Dublin Regional Homeless Executive are not currently in a position to provide culturally specific emergency accommodation for Travellers experiencing homelessness. We are open to exploring reasonable options for emergency accommodation for Travellers and also to suggestions to better address the needs of Travellers experiencing homelessness on a regional basis in conjunction with the other Dublin authorities, but we recognise the potential challenges in doing so. The inclusion of an ethnic identifier nationally on the application form for Social Housing Supports will also assist in providing data on the number of Travellers currently accessing homeless services.
Establishing and developing a response to the needs of Travellers who are nomadic within and through the county through the provision of transient halting site bays as required
The Council will continue to consider the need for, the provision of and suitable locations, if necessary, for transient accommodation in the County in conjunction with the other Dublin Local Authorities and in consultation with local Travellers and their representatives throughout the period of the current TAP. However, we re-state our commitment in the TAP to prioritise the provision of Traveller specific accommodation to meet the current accommodation needs of Travellers in South Dublin ahead of provision of a transient site.
Strengthening the relevance and accessibility of the Caravan Loans Scheme
South Dublin is one of four local authorities who, in conjunction with the Department of Housing, Local Government and Heritage, are piloting a new Caravan/Mobile Home Loans Scheme. €1 million has been made available under the pilot scheme with South Dublin County Council receiving an allocation of €450,000 for this pilot. A maximum loan of €30,000 has been awarded to 15 applicants fowllowing assessment and we are currently in the process of procuring mobile homes/caravans.
Reviewing the provisions in relation to ‘indigenous Travellers’ and the local connection requirements to access housing supports, to ensure that there is no discrimination when compared to the requirements on the wider community
The Housing (Traveller Accommodation Act, 1998) requires that the Council to prepare and adopt a 5- year Traveller Accommodation Programme to meet the existing and projected accommodation needs of indigenous Travellers i.e., those families who have been resident in the county for three years prior to the adoption of our Traveller Accommodation Programme 2019- 2024.The current TAP aims “to meet the existing and projected accommodation needs of members of the indigenous Travelling Community, i.e, those families who have been resident in the county for three years prior to the adoption the TAP compared to the five-year requirement for standard social housing applicants.
Implementing the public sector equality and human rights duty in the forthcoming review of the Traveller Accommodation Programme
The Council is committed to ensuring that there is a culture of respect for human rights and equality among our staff and for the people to whom we provide services. As referenced earlier, a cross department working group has recently been established to drive implementation of our Public Sector Duty. The cross-department, cross-grade working group will assess what human rights and equality issues are relevant to our functions and identify the policies, plans and actions in place to address those issues. The recommendations of the working group will significantly inform subsequent reviews of the current TAP and the development of the next TAP.
Establish and implement an ethnicity identifier in data gathering and analysis in relation to the provision of social housing and homelessness services for Travellers including outdoor space for dogs/horses and preference to be accommodated close to family members
The inclusion of an ethnic identifier in the application form for Social Housing Application (i.e., to allow applicants identify themselves as a Traveller if they wish) has been recommended by the Traveller Accommodation Expert Review Programme Board.Travellers can apply for any form of social housing supports which best meets their accommodation needs. Traveller applicants can be on both a Traveller specific housing list for group housing/halting site bay and the standard social housing list.The Council currently provides facilities for and funds some operational costs for a Horse Project in Fettercairn and an Equine Centre in Ballyowen. These centres are well utilised by Travellers in the locality. In addition, we will examine the possibility of smaller scale equine facilities in proximity to new Traveller specific accommodation sites and in compliance with animal welfare and other statutory requirements but not specifically within the curtilage or site of individual dwellings.Our tenancy agreements provide that only domestic pets, and a maximum of two of same, can be kept in the associated property and must be kept under control.
Develop a more transparent recording of the methodology of collection and data obtained in the annual count of members of the Traveller community
The Department of Housing, Local Government and Heritage requests local authorities to complete an Annual Estimate of Traveller Families and their accommodation position. The annual estimate is an informal annual estimated count of Traveller families that is undertaken by local authorities each year on the last Friday of November, with data subsequently published on the Department’s website. The Annual Estimate is a snapshot of the accommodation position of Travellers on a given year and provides a relatively consistent measure of, and tracks changes to, that position, year on year.
While the Council was running a pilot with monthly clinics held in the offices of the Traveller Development Group, consider the possibility of employing a Traveller Liaison Officer.
The Council’s dedicated Traveller Accommodation Unit (TAU) directly engage and solely liaise with Traveller households on accommodation issues. In addition, there are two specific Housing Welfare Officer posts to support Traveller households from a social care perspective. TAU staff attend advice clinics for local Travellers together with Accommodation Workers from local Traveller development/support groups, who represent and advocate on behalf of members of Travellers regarding their accommodation needs. These clinics will resume shortly have being suspended due to COVID restrictions permit. The Council is also seeking funding from the DHLHG for the recrutiment of a dedicated Traveller Liason Officer.Training sessions will be organised in the coming weeks and months for local Travellers and staff from the local Traveller Development Groups on how to use the Council’s new Housing Online Portal (HOL) which will allow applicants make housing applications online, express an interest for a property through the Choice Based Letting System or to manage their tenancy including requesting maintenance responses or dealing with rent accounts.
Record data on both funds allocated and drawn down for Traveller-specific accommodation and those for general accommodation. This would help to inform the Council to ensure that there is no less favourable treatment of Travellers in the provision of accommodation. Account may be taken of the true preferences of members of the Traveller community whose accommodation needs are met through general housing funds and of the fact that some forms of accommodation are more expensive than others”
South Dublin County has a population of 278,767 (Census 2016) of which 2,208 are Travellers, representing 0.79% of the total population of the County. The Council records all data on annual basis in relation to the funds drawn down from central government for both standard housing and Traveller specific accommodation and a comparison of spend can be undertaken based on demographics. The inclusion of an ethnic identifier, referenced on several occasions herein, will greatly assist with quantifying expenditure on standard accommodation allocated to Travellers and should demonstrate that there is no less favourable treatment in the provision of accommodation. It is also acknowledged that due to family composition Traveller specific accommodation units tend to be larger and construction and maintenance costs are higher per unit than standard social housing.
The Council should assess over the coming years whether the new procedures set out in Circular 03/2020 of the DHPLG improve its rate of draw down for Traveller-specific accommodation. If no improvement is evident at that point, the Council should commission an independent report into the reasons for this and follow any recommendations made
Since January 2020, the Department of Housing, Local Government and Heritage (DHLGH) no longer allocates specific budgets to individual local authorities for Traveller accommodation capital programmes. Instead, for ease of funding, local authorities can now apply for and drawdown funding at any time throughout the year. Each year the amount drawn down is published for each local authority. The rate of draw down is reviewed and reported on regular basis to the Council’s Elected Members and the LTACC. Delays in progressing Part 8 public consultation processes for Traveller Accommodation are often a significant factor impacting on our ability to draw down funds. Any independent report on the drawdown of funds should be cognisant of local and national challenges for the sector in this regard.
The statutory Local Traveller Accommodation Consultative Committee (LTACC) is considered an appropriate mechanism for the oversight, verification and review of this information.