A High Court judge has expressed concern that the Government has not yet made any headway on proposed legislation aimed at correcting an error made during the planning process for an IPAS centre in Athlone, which was intended to accommodate up to 1,000 asylum seekers, reports RTE.
Ms Justice Emily Farrell noted that the Government has had “ample opportunity” to present draft legislation since the matter last came before the court on 25 June, yet it remains “no further ahead” in progressing the issue.
Ms Justice Farrell had earlier asked the minister to present the court with a copy of the draft legislation, reports RTE.
In December, Westmeath councillor Paul Hogan and other claimants successfully argued that the then-minister responsible for migration failed to properly “screen” the International Protection Accommodation Service (IPAS) development for potential environmental effects, and that the minister lacked the necessary expertise to conduct such assessments through a fast-tracked process.
The State accepted the legal challenge brought by five local councillors opposing the fast-track plans, reports RTE.
At the High Court, legal representatives for the State addressed current occupancy levels at the centre.
Senior Counsel Aoife Carroll, appearing for the State, told the court that the number of people seeking international protection at the Midlands Accommodation Centre has now dropped to 150. Of those, 70 have received transfer notices to move to other IPAS locations, reports RTE.
The asylum seekers have until Wednesday to respond to the transfer offers, although there is no requirement for them to leave Athlone if they choose to remain there.
The State said it would finalise numbers by Thursday and that the Department of Justice, Home Affairs and Migration continues efforts to scale back use of the Athlone facility in line with the court’s decision, noting that significant demand remains on the broader system, reports RTE.
Ms Carroll acknowledged that “very little progress” had been made on the draft legislation and admitted that “matters were not as advanced as we want them to be”.
As a result, the Minister for Justice, Home Affairs and Migration, Jim O’Callaghan, asked the court to maintain the current arrangement while legislative work continues, reports RTE.
Ms Justice Farrell reminded the court that the department had pledged draft legislation back on 2 May, and she was “very surprised” by the continued lack of progress.
She also pointed out that the Oireachtas has now gone on summer recess and will not reconvene until September, reports RTE.
Previously, Ms Justice Farrell had noted that the minister was seeking a stay until November, when the legislation is expected to be in a more advanced form.
Ms Carroll told the court that the cabinet is scheduled to meet tomorrow and she hopes to provide a further update next week.
Solicitor David O’Brien, representing the applicants, said that this was the “wrong forum for application to be made” and criticised the current situation as unsatisfactory, arguing that the State repeatedly gives deadlines “in a loose way and then doesn’t meet those dates”, reports RTE.
Ms Justice Farrell remarked that she was “not delighted with what has occurred”, but felt it was still “appropriate to give the Minister another opportunity”.
The case has been adjourned for further mention until next Wednesday, 30 July, reports RTE.
Meanwhile, protests have taken place in Athlone over the proposal to expand army tent accommodation to house up to 1,000 asylum seekers in approximately 150 tents, at a site located behind the existing direct provision centre.
In addition to Mr Hogan, four other local political figures from Athlone joined the legal challenge: re-elected Independent TD Kevin ‘Boxer’ Moran, Fianna Fáil councillors Frankie Keena and Aengus O’Rourke, and Fine Gael councillor John Dolan, reports RTE.
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