Today’s High Court hearing in the case taken by Westmeath County Councillors against the IPAS centre at Lissywollen concluded with a direction from Justice Emily Farrell that the accommodation centre be emptied of all remaining residents before November 7.
The State had already conceded in December 2024 following the Council decision that the centre is in breach of its own planning regulations which precede and therefore override any subsequent amendments to planning and development regulations as contained in Statutory Instruments or in amendments to subsequent Acts of the Oireachtas.
The State did not contest the objections but had continually assured the Court that they were in the process of preparing new legislation that would apparently allow them to continue to use Lissywollen as a large IPAs centre.
The Court had given them considerable time to prepare and to present evidence that this was in train but have failed to do so despite speculation over legislation due to come before the Oireachtas this Autumn.
Today, Counsel for the Councillors, David O Brien BL, 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.
Justice Farrell directed that the State must first transition the remaining 32 residents from the Lissywollen Midlands Accommodation Centre into alternative accommodation before November 7th.
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 7th. The State had previously committed that no works shall take place at the site except for routine maintenance.
Speaking afterwards Councillors Dolan, Keena, O’Rourke and Hogan said that 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. We have been to the High Court over a dozen times since last Winter and numerous times over those months, the State has broken many deadlines and commitments to the Court including deadlines which were self-imposed by the State.
“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 of orders for the full closure and enabling proceedings for the reinstatement of the site.”