State lawyers have told the High Court that denying the government the use of emergency powers to fast-track refugee accommodation poses a “serious risk to the dignity and safety” of asylum seekers, reports Breaking News.
On Monday, Aoife Carroll SC, representing the State, urged the court to delay the enforcement of a ruling that struck down a statutory instrument used to accelerate the setup of a contentious refugee centre at Lissywollen, Athlone, Co Westmeath. The site is intended to house up to 1,000 asylum seekers.
The original legal challenge was brought by Independent Ireland Westmeath Councillor Paul Hogan and others. In December, they successfully argued that the fast-tracked development process was unlawful, reports Breaking News.
Cllr Hogan’s case is directed at the Minister for Children, Equality, Disability, Integration and Youth.
A Statutory Instrument is a form of secondary legislation, created by a Minister, that alters existing laws, reports Breaking News.
Cllr Hogan successfully argued that the Minister failed to properly assess the environmental impact of the development and lacked the necessary qualifications to do so under the accelerated procedure.
There have been public protests in Athlone against plans to expand tented accommodation for potentially 1,000 asylum seekers, involving up to 150 tents, located behind an existing direct provision facility, reports Breaking News.
Ms Carroll told the court that while 180 people were living at the centre in December, that number had since dropped to 137. She noted that legislation to address the issue is currently being prepared for Government approval.
Ms Carroll is asking the court to pause the December ruling that invalidated the statutory instrument used to speed up the Athlone facility’s development, reports Breaking News.
Cllr Hogan, who received 4.8% of first preference votes running for Independent Ireland in the Longford-Westmeath constituency, claimed the Minister’s approach was “unlawful, irrational and a breach of fair procedures.”
Representing Cllr Hogan, Oisín Collins SC, joined by David O’Brien BL and solicitor Patrick Cunningham of PB Cunningham & Co, argued that the State should use the regular planning system to seek permission for the development, rather than seeking a stay on the High Court ruling, reports Breaking News.
Mr Collins said that relying on future legislation was less effective than using existing planning procedures, which he described as the “appropriate mechanism”.
He clarified that this wouldn’t mean “shutting down” the site, but that proper “enforcement notices” should be used instead.
Ms Carroll argued that while EU legal obligations and legislative steps were followed, they were not formally documented, describing this as an “error,” but said the situation qualified as an “emergency”, reports Breaking News.
She told the court the Minister was requesting a stay because of “significant risks that alternative accommodation could not be offered if the site was closed down”.
She added that the issue with the Statutory Instrument was “procedural, or technical, rather than substantial,” and that new legislation to correct it was expected to be brought before Cabinet “imminently”, reports Breaking News.
Ms Carroll acknowledged that the absence of a written environmental assessment was a mistake, but said other necessary processes were followed. She emphasised that the consequences were “serious” for those affected and that there remained a “serious risk to the dignity and safety” of residents at the Athlone facility.
Ms Justice Emily Farrell said she would issue her decision on the stay application on Wednesday, reports Breaking News.
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