Athlone IPAS site cleared as councillors declare victory

A site that was due to accommodate up to 1,000 male asylum seekers in Athlone is now almost completely cleared after four local councillors secured a major win in their High Court challenge against the facility.

On Friday last, almost a year after the legal case taken by councillors Paul Hogan, Aengus O'Rourke, Frankie Keena and John Dolan got underway, Ms Justice Emily Farrell formally quashed the Section 181 order used by the Government to establish the controversial temporary accommodation centre in Lissywollen.

Ms Justice Farrell put a four-month stay on the order taking effect, meaning that unless the Government enacts legislation to regularise the planning status of the site before March 7, 2026, the centre will be in breach of planning and environmental law.

At a press conference in the Shamrock Lodge Hotel on Saturday last, the four councillors declared victory in their court battle - saying there was no realistic prospect of the Government passing retrospective legislation to address the centre's planning status before March.

"This is not just a win for us as councillors or as citizens - it is a victory for the people of Athlone, for due process, and for the fundamental principle that no Minister and no Government is above the law," they said in a joint statement that was read out by Cllr O'Rourke.

The councillors added that the ruling in the case could represent a landmark moment in the way Ireland manages immigration.

"We believe this is a pivotal moment in the national conversation about immigration in Ireland. This case, taken by four councillors from across the political spectrum, sends a loud shot across the Government’s bow.

"Ireland needs a coherent, transparent, and consultative approach to immigration - one that engages with communities rather than dictating to them and ignoring them."

The centre itself - officially known as the Midlands Accommodation Centre - was put in place late last year and at one stage accommodated around 180 international protection applicants.

The temporary accommodation facilities there have now been dismantled and the site is being fully cleared.

The four local councillors said they intend to seek the rezoning the lands on which the IPAS centre was established. They said they will be seeking to have the land rezoned for leisure and sporting use in the Athlone Joint Urban Area Plan which is expected to be adopted next year.

"We would hope that, in time, Westmeath County Council will acquire the site from the OPW so that public playing pitches and community facilities can be developed," they said.

When contacted by the Westmeath Independent this week, a Department of Justice spokesperson confirmed the site in Lissywollen was being completely cleared - but also said the centre remained "part of (its) strategy" for providing accommodation to international protection applicants.

"Decommissioning of facilities on the site at Lissywollen, including tents and marquees will progress, and security will be maintained at the site," said a Department spokesperson.

"The Department is steadily increasing the number of State-owned beds for people seeking international protection. These have increased from 900 in July 2024 to over 4,000 today.

"By reducing reliance on commercial accommodation providers, the State will reduce costs to the taxpayer and be in a better position to address the need for accommodation for people seeking international protection.

"The Midlands Accommodation Centre in Athlone remains a key part of this strategy," the Department said, adding: "In line with our commitment to community engagement, the Department will keep elected representatives, the local community and other stakeholders informed of future planned developments at the site."

The councillors' High Court action was first announced shortly before last November's general election.

Then-councillor Kevin 'Boxer' Moran was originally among the local representatives taking the legal proceedings, but he was subsequently elected a TD and was no longer part of the process as he took up the role of Minister of State in the present Government.

An online 'GoFundMe' fundraiser to help pay the councillors' legal costs raised some €52,000 from more than 1,000 individual donations.

The councillors had challenged the use of a statutory instrument - known as a Section 181 order - that was issued by then-Minister Roderic O'Gorman to commence the development of the new accommodation centre in Athlone.

At an early stage in the High Court case, the State conceded that the development was unauthorised - but the matter was subsequently adjourned on a number of occasions.

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 establishment of accommodation centres such as the one in Athlone.

On Friday last, 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 the Athlone councillors' side, represented by Oisin Collins.

Aoife Carroll, Senior Counsel for the State, had 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.

However, Mr Collins, SC for the Athlone councillors, 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 and had led to a "significant" outcome for his side.