Athlone councillors' IPAS High Court action put back again
The four Athlone councillors who have been bringing a High Court action against the State over the validity of the new IPAS (International Protection Accommodation Service) centre in Athlone have strongly criticised the Government this week after the case was adjourned again.
The case was listed 'for mention' at the High Court last week and was adjourned to a date in late September
Independent Ireland's Cllr Paul Hogan, who is taking the legal action along with councillors Frankie Keena (Fianna Fáil), Aengus O'Rourke (Fianna Fáil) and John Dolan (Fine Gael), released a statement this week criticising the latest adjournment and saying the Government's "attempt to rewrite law on IPAS centres mid-case" was "an affront to democracy".
The legal proceedings were first 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 a month earlier.
Last 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 judge in the case, Ms Justice Emily Farrell, has granted adjournments in order to await progress on draft legislation to address an error made by the State in the planning process.
Cllr Hogan said the State had missed the deadline set by Ms Emily Farrell to produce draft legislation by July 21, and instead arrived in court last week with an outline of legislation which won’t be introduced until after the Dáil returns in the autumn.
"We are now told the legislation might pass in November. This is just another date plucked from the sky, and the whole situation has become a complete farce," said Cllr Hogan.
In his statement, Cllr Hogan also took aim at Minister of State Kevin 'Boxer' Moran, who was a co-signatory on the legal action prior to his election to the Dáil.
He argued that 'Boxer' was now backing the Government's position on the IPAS centre and that, as the Minister for the OPW, he had the authority to bring the "unauthorised" development to an end.
Cllr Frankie Keena said that the legislation proposed by the Government to regularise the IPAS centre "would grant a retrospective consent process for emergency developments like the one at the Athlone Midland Accommodation Centre" to take place.
He said the legislation would have "far-reaching implications" and would have to be voted on by members of the Oireachtas.
"It may not come to this as the next step is to wait and see will the Government bring forward draft legislation before the 26th of September, the date of our next High Court hearing," said Cllr Keena.
"Hopefully, our Oireachtas representatives in this constituency will speak up for their constituents and put a stop at this stage to this draft legislation being published," he added.