Councillors welcome latest developments in Athlone IPAS legal case

Athlone councillors involved in a legal challenge against the IPAS site in Lissywollen say the latest court directions mean the site will be empty of residents by November 7.

In a statement after the case came before the High Court again on Friday, the four councillors, John Dolan, Frankie Keena, Aengus O’Rourke and Paul Hogan said they welcomed the latest directions of Ms. Justice Emily Farrell.

“The State conceded this case last December on planning and environmental grounds, and today's direction is another significant win in this long and arduous High Court battle to date,” their joint statement read.

Representing the councillors in the High Court was David O'Brien BL, who, the councillors,said gave “lengthy legal arguments inviting the Judge to make her orders today and render the site an unauthorised development to enable the initiation of separate proceedings to remove the temporary structures and restore the site to its original condition."

The statement continued that Ms. Justice Emily Farrell directed the State must first transition the remaining 32 residents from the Lissywollen Midlands Accommodation Centre into alternative accommodation before November 7.

The councillors said: “While the Judge did not go as far as ordering its outright closure, today's direction will effectively mean that the tented facility will be empty of residents by November 7."

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.

The councillors, in the case taken by Cllr Hogan, claimed the Minister failed to adequately "screen" the project for potential environmental impacts and that the Minister lacked the expertise to carry out such assessments in such an expedited manner.

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.

Ms Justice Farrell has deferred a judgment quashing the use of the Statutory Instrument used to develop the emergency accommodation.

The State has said it intends to draft legislation to remedy the legal issue over the bypassing of environmental assessments for the accommodation.

In their statement on Friday, the councillors said: “We recognise the right to seek international protection. The numbers seeking international protection in this State is approximately 50% less than the numbers experienced last year. Therefore, the demand previously experienced by the State has largely dissipated. As such, the State can relocate the remaining 32 residents with little difficulty.

“We express our continued appreciation to the Courts and Ms. Justice Emily Farrell for hearing and considering these lengthy and complex legal arguments. We also express our appreciation to our legal team of Mr. Oisín Collins SC, Mr. David O' Brien BL and Mr. Patrick Cunningham of Patrick Cunningham and Co Solicitors.

“We look forward to the next hearing of the case where our legal team will again be requesting the making or orders for the full closure and enabling proceedings for the reinstatement of the site."

Cllr Frankie Keena, in a statement of his own, said: “It is important to say that it is not over yet, unfortunately we will still have to attend many more High Court hearings. The State is still focused on introducing retrospective legislation to make the site legal.

“Our main objective is to get this development returned to a green field site.

“I would like to see the land rezoned under our forthcoming Joint Urban Area Plan for sports, recreation and wider community usages.”

He also expressed thanks and appreciation to the wider community who have supported the councillors to date.