Athlone councillors recommit to legal battle against Lissywollen IPAS centre
Four local councillors have reiterated their commitment to securing a declaration by the High Court on the invalidity of the new IPAS centre in Athlone.
In a joint statement on Monday night, following the latest hearing on the case, the four councillors Frankie Keena, John Dolan, Aengus O'Rourke and Paul Hogan said they are “committed to the process of receiving a declaration of invalidity by the courts in relation to the site and the full reinstatement of the site thereafter”.
Their statement came on foot of an adjournment on their legal challenge taken on planning and environmental grounds
The case was listed for hearing last Monday, in the High Court, but the State once again sought a further adjournment.
Judge Emily Farrell scheduled the case for mention on May 26 and to set a date for the full hearing.
It is anticipated that the full hearing will be scheduled before the summer recess, the councillors said in their statement.
The legal proceedings were initially announced last November, when the local councillors stated that they would be seeking to bring a judicial review of the Section 181 order issued by the then-Minister Roderic O'Gorman in order to commence works for the development in Lissywollen last October
In December, the State indicated it was conceding the legal challenge, and the court was told that the Lissywollen development would be regarded as unauthorised.
However, a final decision on the future of the site is still being awaited, and the High Court was previously told that the Minister is seeking a six-month stay on any order made by the court
The councillors' statement continued: “In a short sitting on Monday, Judge Emily Farrell advised State Counsel to listen attentively to an interview undertaken by the Minister for Justice on RTE Radio One earlier in the week, and having considered the contents of that interview, seek further instruction in relation to this case.
“We express our appreciation to the courts for having the case heard in full in such an expeditious and prompt manner. This site was conceded as being invalid by the State on December 17 and since then we have sought a full hearing on the matter and declarations to be made by the court.
“The State has committed that no works will continue on site except for routine maintenance,” it said.
“Although we recognise the right of people to seek international protection, it is widely accepted that the number of people seeking asylum in Ireland has significantly reduced and of those, the number of ineligible candidates for asylum in Ireland has increased significantly to 81% of all seeking asylum.
“Therefore, the demand previously experienced by the State has dissipated.
“We have submitted expert planning and environmental opinion in relation to our concerns for this site. A number of affidavits have also been submitted along with supplemental legal submissions.
“We eagerly anticipate a full hearing so that the concerns raised in all of these documents can be discussed in length by our legal team."
The councillors said there remain significant concerns, and the ongoing delay for this “already conceded invalid site” had the potential to set a precedent for future applications.
“We thank the people of Athlone for their unwavering support, and we look forward to the scheduling of the full hearing when the matter is before the courts again on May 26".