Philip Dwyer loses appeal against trespass conviction at direct provision centre
At Ennis Circuit Court this evening, Judge Francis Comerford upheld the trespass conviction imposed on Dwyer, an anti-immigrant activist, at Magowna House on 18 May 2023.
Described in court by his counsel Anne Doyle BL as a 'Citizen Journalist', Dwyer (56) of Tallaght Cross West, Tallaght, Dublin 24 was appealing the district court trespass conviction imposed in March and Judge Comerford also affirmed the district court fine of €500.
Dwyer told the court that he was at Magowna House to ask questions in his role as a journalist.
Judge Comerford said that Dwyer 'might be entitled to make enquiries and go to someone's door, but he went well beyond it here'.
At the time, there were protests at Magowna House where 29 International Protection applicants were being accommodated and there were blockades on local roads which were attracting media attention.
Judge Comerford said that a group of people here came to seek refuge 'and were brought by the State to a relatively isolated, rural location where they were alone and away from a lot of resources and facilities'.
'And in effect, they were besieged in the premises they were brought to,' the judge said.
'It was made absolutely clear to them that they weren't welcome and there were protesters outside the property and there were bales of hay blocking access to prevent others joining them.'
He said that there were 30 or 40 protesters protesting against their presence.
Judge Comerford said that the big difference between Dwyer and protesters outside was that he went inside the property, where the other protesters didn't.
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Judge Comerford said that he accepted the evidence of the Manager of Magowna House at the time, Ahlam Salman who said that Dwyer's presence on the property made her feel 'afraid'.
Video footage made by Dwyer was played to the court, where he can be heard saying that he had arrived at a 'people trafficking centre'.
In the footage shown in court, Dwyer can be heard saying, 'these are all foreign people telling me what I can't do in my own country'.
Dwyer can be seen addressing a Ukrainian man wearing a fluorescent jacket: 'Do you think Irish people are stupid? Do you think we are all idiots? I wouldn't blame you, to be honest with you.'
He asks later: 'What is your problem? You are not in Ukraine, this is my country…What are you hiding? I am just asking questions on behalf of the people of Ireland. The people in this country are very concerned about this.'
After seeing some men believed to be International Protection applicants staying at the centre, Mr Dwyer asks: 'Why are these people covering their faces….This is Ireland. This is my country.'
Counsel for the State Sarah Jane Comerford BL (instructed by State Solicitor for Clare, Aisling Casey) said to Dwyer that his words 'had a menacing undertone' to the people to whom he spoke on the property.
In response, Dwyer said: 'I wasn't menacing to anybody.'
He said: 'I 100% stand over those comments. We all have to respect one another. I tried to be respectful when I went in there.'
He said: 'I was treated very badly. I was treated with hostility… I felt quite intimidated as well. That is part of the job.'
He went on to tell the court: 'I have thousands of viewers, sometimes hundreds of thousands.'
Counsel for Dwyer, Anne Doyle BL, said that she was not instructed by her client not to enter any mitigation concerning penalty 'as my client stands by his actions',
Doyle said that 'he maintains that he was working in the course of his duties and does not accept the verdict'.
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Alstom SA – Transport Investments: ~€210,000 (direct) & ~€75,000 (indirect) Among the lesser-known names on the list, Alstom is a French multinational that is one of the world's largest rail companies. It manufactures rolling stock and other forms of rail infrastructure, including high-speed trains, metros, monorails and trams, as well as signalling. Among its most famous products are trains for France's high-speed intercity rail service, the TGV. The company previously worked in the energy and shipbuilding sectors, until it was given a €3.4 billion bailout by the French government in 2003 and sold its power and grid divisions to General Electric in 2014. In 2021, the company also acquired Bombardier Transportation, a rolling stock and rail transport manufacturer that was a subsidiary of Canadian aerospace manufacturer Bombardier. 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Booking Holdings – Accommodation Investments: ~€920,000 (direct) & €691,768 (indirect) Like Airbnb, Dutch-based is another of the five online accommodation companies that feature on Section B of the database for listing properties to rent in the occupied territories. Its US parent company Booking Holdings, which the Irish government directly invests in, is also listed on Section C of the list for the same reason. As with Airbnb, The Journal Investigates browsed and was easily able to find hundreds of listings for hotels and guesthouses, including with names written in Hebrew, based in settlements in the West Bank, the Golan Heights and occupied East Jerusalem. Above the listings, the website features a notice that urges visitors to 'review any travel advisories provided by your government to make an informed decision about your stay in this area, which may be considered conflict-affected'. A sign points to Israeli tourists sites and activities in the Jewish settlement Shilo in the West Bank Alamy Stock Photo Alamy Stock Photo However, there is no indication that the properties are based in or near illegal settlements. The company announced in September 2022 that it would start adding safety guidance to any listings in the occupied West Bank and occupied East Jerusalem, including guidance that the reservations are 'occupied'. It subsequently backtracked on this policy the following month after pressure from the Israeli government, and instead opted to use the term 'conflict-affected' in its warnings. In a statement to The Journal Investigates, a spokesperson for said the company believed it was 'not our place to decide where someone can or cannot travel'. They added that there are 'many parts of the world where there are conflicts or disputes' and that the company seeks to inform tourists by adding information or prompts to consult government advice in listings for areas that are 'disputed or impacted by conflict'. Delek Group Ltd – Transport Investments: ~€214,000 (indirect) The only Israeli company on the UN database that the Irish government invests in, energy conglomerate Delek Group is best-known in Israel as the operator of a chain of filling stations and convenience stores. The ISIF's investment in the company is indirect, which means that it did not directly buy shares or provide capital to Delek, but instead invested in it through an intermediary such as a fund or financial institution that handles investment decisions on Ireland's behalf. Sign up The Journal Investigates is dedicated to lifting the lid on how Ireland works. Our newsletter gives you an inside look at how we do this. Sign up here... Sign up .spinner{transform-origin:center;animation:spinner .75s infinite linear}@keyframes spinner{100%{transform:rotate(360deg)}} You are now signed up A search of Google Maps reveals that Delek Group operates at least two petrol stations near a settlement within the West Bank, as well as a handful of others near settlements in the Golan Heights. Delek petrol stations inside the West Bank and Golan Heights The UN database says the company features on the list for providing a service that supports settlements, including transport, as well as the use of natural resources for business purposes. Delek Group is also linked to the activities of the Israel Defence Forces (IDF): under a contract agreed in 2020, the IDF listed Delek as one of two companies whose petrol stations are allowed to be used by military vehicles to refuel. The Journal Investigates contacted Delek Group for comment, but no response was received by the time of publication and no other recent statements on the company's position about its activities in occupied Palestinian territories could be found. A Delek station in Katzrin in the Golan Heights. Alamy Stock Photo Alamy Stock Photo Expedia Group – Accommodation Investments: ~€260,000 (direct) & ~€985,200 (indirect) Yet another of the five online accommodation platforms on Section B of the UN list, Expedia Group is the owner of a travel booking site under its own name, as well as a number of others including Trivago and Vrbo. It also features on the database because it lists properties to rent in settlements in occupied territories. The Journal Investigates searched on Expedia for accommodation for July and August and found dozens of listings based in settlements in the West Bank, parts of occupied East Jerusalem, and the Golan Heights. Similar listings were also found via and Vrbo, including one in Efrat whose main image featured an Israeli flag hanging from the balcony of a property. None of these listings contained any reference to the fact they are located in illegal settlements. Expedia's only indication that properties may be based in settlements is via its search tool (which is also used on and Vrbo), where location data includes 'Israeli Settlement, Palestinian Territories' when a person specifically looks for properties in a settlement in the West Bank. However, the search function lists the Golan Heights as being part of Israel, and the location tag does not feature for properties based in settlements in occupied East Jerusalem. The Journal Investigates contacted Expedia Group for comment, but no response was received by the time of publication. The company has said that accommodation listings in occupied Palestinian territory have been clearly identified as Israeli settlements, and previously responded to criticism in 2019 saying it would 'continue to assess the type of information' it provided to tourists. Motorola Solutions – Security Investments: ~€700,000 (direct) & ~€3.9 million (indirect) Not to be confused with the telecoms company of the same name, with whom it split in 2011, Motorola Solutions specialises in security products and systems such as video equipment and command centre technology. Both Motorola Solutions Inc and its subsidiary, Motorola Solutions Israel, feature on the UN database for two reasons: providing services to support settlements; and for the supply of security services and equipment to companies that operate in settlements. The two companies are among just six that appear on the list for supplying security, and their systems feature throughout the occupied territories, along the separation wall in the West Bank, and at Israeli military bases. A CCTV camera over the wall separting Israel and the West Bank in Bethlehem Alamy Stock Photo Alamy Stock Photo In 2012, a report by the UN Special Rapporteur for Palestine Richard Falk said that Motorola Solutions Israel supplied surveillance systems, radar detectors and mobile communications systems to settlements. 'Beyond sustaining the settlements, these security systems further limit the Palestinians' freedom of movement within their territory,' Falk said at the time. Human rights groups have also highlighted how the company's MotoEagle Wide Area Surveillance System – which uses radars and cameras to detect movements - has been used as a 'virtual fence system' in dozens of illegal settlements. The Journal Investigates contacted Motorola Solutions for comment, but no response was received by the time of publication. The company has previously told a number of outlets that it supports 'efforts in the region to find a peaseful resolution to the conflict'. Tripadvisor – Accommodation and tourism Investments: ~€1.07 million (direct) . US travel platform Tripadvisor is another of the five major tourism companies to feature on the UN database for listing accommodation in the occupied territories. Unlike the other tourism websites on this list, Tripadvisor provides a range of services on top of accommodation, including flight bookings, restaurant reservations, and user-generated content such as reviews and travel guides. The Journal Investigates was able to find a number of listings for holiday lettings via Trivago's website in settlements based in the West Bank and the Golan Heights. Once again, there was no indication that these properties are based in illegal settlements, aside from a disclaimer at the top of Tripadvisor's search which reads: 'Due to safety risks in parts of this area, travellers should review the latest guidance and information from government agencies.' Israeli settlers harvesting grapes in the West Bank to produce wine in the Jewish settlement Psagot Alamy Stock Photo Alamy Stock Photo The website was also found to recommend activities and tours within settlements, including tours, shopping, a shooting range and a craft workshop in the region of Gush Etzion, wineries in Psagot and Shilo, and a farm in Kibutz Almog. Location information on the individual Tripadvisor pages for these activities states they are located in Israeli settlements. The Journal Investigates contacted Tripadvisor for comment, but no response was received by the time of publication. The company has previously said that it does not believe in withholding travel information from users, and aims to provide 'an apolitical, accurate and useful picture of all accommodations, restaurants and attractions'. The Journal Investigates Reporter: Stephen McDermott • Investigation Editor: Sinead O'Carroll • The Journal Investigates Editor: Maria Delane y • Social Media: Cliodhna Travers • Main Image Design: Lorcan O'Reilly Investigations like this don't happen without your support... Impactful investigative reporting is powered by people like you. Over 5,000 readers have already supported our mission with a monthly or one-off payment. Join them here: Support The Journal
Irish Examiner
3 hours ago
- Irish Examiner
Cork TD 'inundated' with rumours after plan to co-locate refugees in city centre building dropped
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What we need is straight, open, and plain dialogue with all the stakeholders, with local councillors, TDs, local residents." Some of the former office space at 23-25 South Terrace was converted into a communal dining area. It follows a protracted saga since January following confirmation the State was considering an offer of IPAS accommodation for up to 50 people across two floors of former office space at 23-25 South Terrace, a striking four-storey Georgian building with a basement. While the ground and first floor were previously offices, and unoccupied for some time, there are 22 residential apartments on the upper floors. The government introduced regulations in 2022, amending the planning and development regulations by inserting a new Class 20F exemption, which permitted the temporary change of use of certain buildings for use by the State as accommodation for international protection applicants without the need for planning permission. The work would be considered exempted development - it would not need regular planning permission - if it met certain criteria. The regulations listed a range of structures that could be considered under the Class 20F exemption, including schools, colleges, universities, training centres, social centres, community centres, or any structure or part of a structure normally used for public worship or religious instruction. The provisions were temporary and time-limited and were due to expire in December 2024, but were later extended to December 2028, and expanded to include structures being used to accommodate people fleeing the Russian invasion of Ukraine. Some of the former office space at 23-25 South Terrace was converted into a laundry room. The list, however, made no mention of co-locating IPAS centres within the same building with existing residential use, as was proposed at 23-25 South Terrace. Last November, a formal application was lodged with Cork City Council requesting a Section 5 declaration for 23-25 South Terrace, which asked the council to confirm if the temporary use of part of the building as overnight accommodation for displaced persons or persons seeking international protection is exempted development – that it does not require planning permission. Floor plans submitted with the application showed how the ground floor would be converted to bedrooms, with a communal cooking and dining area, recreation lounges, a laundry room and storage areas, with more bedrooms, toilets and showers on the first floor. City planners stressed that it was not their job to determine the acceptability or otherwise of an IPAS centre at this location, but to assess whether or not the project constitutes development, and if so, is exempted development. They said the plans constituted a material change of use from office to residential but crucially, they said the previous use of the ground and first floor was office space, and that offices was included on the list of Class 20F exemptions. They requested further information to clarify if the new accommodation was to be occupied by displaced persons from Ukraine or by IPAS, and requested written confirmation of approval, or approval in principle, for the use of the property as an IPAS centre from either the relevant government department, or the relevant section of the city council. Floor plans submitted with the application showed how the ground floor at 23-25 South Terrace would be converted to bedrooms. A response received in mid-December included a letter from the Department of Children, Equality, Disability, Integration, and Youth, which at the time had responsibility for IPAS centres, confirming its interest in using the property for international protection applicants. By mid-January, city planners deemed the proposal as exempted development – effectively clearing the way for work on the two floors to proceed. When the owners of apartments on the upper floors found out about the IPAS plan in their building, they sought answers from City Hall, but were told it was a matter for the relevant department - responsibility for IPAS has since been transferred to the Department of Justice. One property owner told the council: 'We understand the predicament of supporting asylum seekers, we support efforts in housing them but you cannot overlook the impact to long-term residents in your decisions and at a minimum, we are owed the courtesy of engaging the residents and unit owners. 'The lack of care, courtesy, transparency and engagement from Cork City Council is disappointing. 'We think Cork City Council should inform all homeowners across the city centre immediately and those considering buying in Cork City that the council might convert commercial units within an existing residential building at any time under a Section 5 to an IPAS centre without any form of engagement with homeowners or concern for the impact.' Some of the former office space at 23-25 South Terrace was converted into recreation lounges. City Hall said the planning department's role in this was restricted by legislation and there is no statutory mechanism or facility within the process to enable public submissions or wider community engagement as would be the case in a standard planning application process. In the meantime, work on the conversion of the two floors to IPAS accommodation got underway, with partitions erected to create bedrooms, toilets and kitchens installed and furniture delivered. The basement underwent fire safety upgrades. But all that investment is now up in the air after the Department of Justice confirmed to the Irish Examiner last Thursday that the building is no longer being considered for use as an IPAS centre. It declined to confirm when the decision was made, or to explain why the building was no longer deemed suitable. 'Details of individual property appraisals are confidential,' a spokesperson said. While the ground and first floor of 23-25 South Terrace were previously offices, and unoccupied for some time, there are 22 residential apartments on the upper floors. Picture: Noel Sweeney 'Many properties are not approved for use as international protection accommodation often for reasons relating to planning or suitability of the site. Any investment in the property offered to the department through this process remains the responsibility of the provider.' The developer did not respond to requests for comment. Mr O'Flynn said he has some sympathy for the developers who it appears are now left out of pocket but he said the saga proves the need for a root-and-branch review of how the State sources and secures IPAS accommodation. Some of the former office space at 23-25 South Terrace was converted into bedrooms. 'A lot of this could have been avoided if the department was open and upfront with people,' he said. 'There are rumours now about every unoccupied building. My office is inundated on Monday mornings with calls from people who have heard the latest rumour about these buildings in the pubs over the weekend.' Read More Report finds unvetted staff and overcrowding in asylum seeker accommodation
