High Court to quash permission for controversial Athlone IPAS centre

by Paul Neilan

The High Court has ordered it appropriate to quash the use of a flawed fast-track process used to expedite a controversial International Protection Accommodation Service (IPAS) centre in Athlone, but has put a stay on its final order for four months - after which the centre will be an unauthorised development.

At the High Court today, Ms Justice Emily Farrell was told by Aoife Carroll, Senior Counsel for the State, that the centre which proposed to house up to 1,000 asylum seekers was now completely vacant and that she was seeking a stay on the order to allow time for remedial legislation to be brought forth.

Protests had been held in Athlone over the plan to develop Army tent accommodation for asylum seekers, in up to 150 tents, on the site to the rear of an existing direct provision centre.

Last December, Independent Ireland councillor Paul Hogan and other local councillors successfully 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 an expedited manner.

The State conceded the legal challenge brought by Cllr Hogan and three other Athlone councillors against the expedited plan.

Lawyers for the State had asked for a stay on the order quashing the use of the statutory instrument in speeding up the establishment of the controversial facility at Lissywollen. A statutory instrument is a secondary legislation, made by a Minister, modifying existing laws.

The State had argued there was a "serious risk to the dignity and safety" of asylum seekers, if the Government was not allowed to use special powers to fast-track the accommodation.

Ms Carroll has said EU law requirements and legislative procedures were complied with in the formation of the instrument, but not entered into record, amounting to an "error". However, she said that the situation was considered to be an "emergency".

Cllr Hogan and others took their case against the Minister for Children, Equality, Disability, Integration and Youth.

Today (Friday) in delivering her final orders, albeit with the stay, Ms Justice Farrell said she would award costs in the case up until July 25 last to Cllr Hogan's side, who was represented by Oisin Collins SC.

Ms Carroll told the judge that a bill was to come before cabinet in the coming weeks remedying the error in the statutory instrument used, but that there were still a number of steps to be made in the process.

Ms Carroll said the facility was not currently in use but that there was still a security presence in operation at the site.

Counsel said if the stay was quashed then the site would be an unauthorised development and that this could lead to unnecessary proceedings.

Mr Collins said it would be a "highly unusual situation" if the public were to be prevented in making their concerns registered in written objections about the impact of the development.

He said the proposed bill to remedy the error in the statutory instrument was "amorphous", that it "kept changing" and that the Minister was "struggling to find a solution".

Mr Collins said his clients had a legitimate concern that was ventilated before the court which led to a "significant" outcome for his side.

Along with councillor Hogan, three other Athlone-based representatives were part of the legal challenge - Fianna Fáil councillors Frankie Keena and Aengus O'Rourke and Fine Gael councillor John Dolan.

Cllr Hogan claimed the ministerial process was "unlawful, irrational and a breach of fair procedures".