A High Court judge has delayed delivering her decision on the future of an IPAS centre in Athlone, which was intended to accommodate up to 1,000 asylum seekers, reports RTE.
The case will come before the court again in a month, at which point the minister must present draft legislation that was promised to fix a mistake made by the State during the planning process.
The judge also stated that the number of people currently staying at the centre should be “diminished substantially” by 21 July, when the case returns to court, reports RTE.
In December, Westmeath councillor Paul Hogan and others successfully argued that the minister failed to properly “screen” the project for possible environmental consequences, and that the minister did not have the necessary expertise to conduct such assessments quickly.
The State admitted to the legal challenge brought by five local councillors against the fast-tracked plan, reports RTE.
Government lawyers asked the court to pause the order that would overturn the use of a statutory instrument used to quickly set up the disputed refugee centre in Lissywollen, Co Westmeath.
The State claimed there is a “serious risk to the dignity and safety” of asylum seekers if the Government is barred from using emergency powers to accelerate the creation of refugee accommodation.
Aoife Carroll SC, representing the State, said that EU legal and legislative standards were followed, but not officially recorded, which constituted an “error”, though the situation had been treated as an “emergency”, reports RTE.
Ms Justice Emily Farrell was expected to rule today on whether to allow a stay on the order.
Ms Justice Farrell noted that there was no evidence of environmental harm, and no recognition of such by the minister, while Councillor Hogan did not attempt to prove it.
Ms Farrell said the ruling could have serious implications for the asylum seekers living at the centre, calling them the “innocent parties” — many of whom are vulnerable and at risk of homelessness or sleeping rough, reports RTE.
She said the responsible minister was asking for the stay to remain in effect until November, when the proposed legislation is anticipated to be updated.
She said she would wait to issue any orders until after the upcoming Oireachtas summer recess, and postponed the matter until 21 July.
On that date, she expects to be shown the draft legislation, reports RTE.
Ms Justice Farrell also stated that the minister must “continue to attempt to provide alternative accommodation” and wants a report on what steps are being taken to secure it.
She stressed that the numbers staying at the centre “should have diminished substantially” by then.
On Monday, the court was informed that 137 people are currently residing at the centre, reports RTE.
Ms Justice Farrell directed that no new offers of accommodation should be made and no further development work should occur at the site — except for essential maintenance.
Protests have taken place in Athlone against the proposal to expand army tent housing for up to 1,000 asylum seekers, using as many as 150 tents, behind an existing direct provision facility.
Councillor Hogan was joined in the legal case by four other Athlone-based public representatives: recently re-elected Independent TD Kevin ‘Boxer’ Moran, Fianna Fáil councillors Frankie Keena and Aengus O’Rourke, and Fine Gael councillor John Dolan, reports RTE.
Tell us your thoughts in the Facebook post and share this with your friends.
