The High Court has been told that the State has conceded a legal challenge brought by local representatives in Athlone against a controversial, expedited plan to develop refugee accommodation in Lissywollen.
At the High Court today, Oisin Collins, Senior Counsel for Cllr Paul Hogan, told Mr Justice Richard Humphreys that “the case is being conceded” by the Minister for Children, Equality, Disability and Youth and that “the development will be classified as an unauthorised development.”
The local representatives have welcomed the move, but questions remain regarding the site and what will happen next.
Last month, five local representatives in Athlone launched the legal action against the development of refugee accommodation in Lissywollen. The site in question has been a direct provision centre since 2000, and was designed for short term use to meet temporary need. However, the government announced plans in October for the centre’s expansion to house an additional 1,000 refugees by installing tented accommodation and modular homes. The site was being developed by Ministerial Order, which was published recently.
The five Athlone-based representatives part of the legal challenge were councillors Paul Hogan of Independent Ireland, Aengus O’Rourke of Fianna Fáil and Frankie Keena, and Fine Gael’s Cllr John Dolan, as well as newly elected Independent TD for Longford-Westmeath, Kevin ‘Boxer’ Moran.
The challenge was brought in the name of Mr Hogan, who secured 4.8 per cent of first preference votes running for Independent Ireland in Longford-Westmeath in the General Election last month. He has hit out at the ministerial process providing for the plan as “unlawful, irrational and a breach of fair procedures.”
Ms Aoife Carroll SC, representing the State, said the case was due for hearing this Thursday but that now the matter could be put in for mention on the same date. She said she would take instruction from the Minister in the matter before Thursday of this week.
Minister for Integration Roderic O’Gorman contested Mr Hogan’s case, with Cllr Hogan saying he wanted an order to pause or quash the statutory instrument the Minister made for the Athlone site.
The instrument confirmed the project did not require An Bord Pleanála approval and noted Mr O’Gorman was satisfied two specific EU law environmental assessments did not need to be conducted before proceeding with the plan.
Mr Hogan claimed the Minister failed to adequately screen the project for potential environmental impacts and that he lacks the expertise to carry out such assessments. He also said there were deficiencies in the assessment of wastewater requirements and the impact on traffic. Further, he said the IPAS occupants living at the site – which was set to initially be tented accommodation, to be replaced with modular units in the future – would be free to move about and this would “inevitably cause a significant traffic hazard and a health and safety issue,” next to the site and along the road.
He submitted in an affidavit that he, alongside other members of Westmeath County Council believed the proposed development would be “prejudicial to public health” as local health services are already overstretched.
The group of local representatives last month instructed their legal team to commence a judicial review of the Ministerial Order and apply for interlocutory injunctive relief to stop the works. They said they were challenging Minister Roderic O’Gorman’s Section 181 Order, and the “validity of that order given his lack of experience, knowledge, competency or qualification” in terms of the “very important environmental conditions that he has very clearly overlooked and failed to deal with.”
In a statement released on Monday night, Westmeath county councillor Aengus O’Rourke said it was a “monumental day for Athlone.”
“In advance of our High Court Hearing scheduled for Thursday this week, today the Minister conceded the case,” he said.
“Over the coming days he will withdraw his Order to develop an IPAS centre to accommodate 1000 single men in Lissywollen, Athlone.
“I’m sure there are many people out there with questions for us about the next steps. Please bear with us over the coming days while we work on the many details that need to be finalised. We are currently working with our legal team in terms of the next steps. We will furnish more information as we have it.
“We want to thank the almost 1000 people who contributed to our funding appeal. We want to thank also our legal team who were superb.
“Finally, I want to thank my four colleagues. We have spent hundreds of hours in recent weeks preparing a case and taking it to the High Court. We have always worked well together, this is local democracy working at its best. Today we beat the state, we have been vindicated and all our efforts have been worth it. “
Cllr Paul Hogan previously told Gript that every Irish council has the legal power to block “temporary dwellings” in their jurisdiction, including temporary asylum accommodation.
A GoFundMe page in support of the legal bid has already raised over €50,000 – with close to 1,000 donations made.
On the back of months of ongoing protests, the first 92 residents of the new temporary accommodation centre arrived at the Lissywollen site last week, according to a spokesperson for the Department of Children, Equality, Disability, Integration and Youth.