High Court judge to rule on Athlone asylum centre on Wednesday
Aoife Carroll SC, for the State, on Monday asked the court to put a stay on the quashing of the use of a statutory instrument that had been used to speed up the establishment of a controversial refugee facility at Lissywollen, Athlone, Co Westmeath, which is designed to house up to 1,000 asylum seekers.
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The original action was taken by Independent Ireland Westmeath Councillor Paul Hogan, among others, who successfully applied to the court in December for a finding that the expedited development was unlawful.
Cllr Hogan is taking the case against the office of the Minister for Children, Equality, Disability, Integration and Youth.
A Statutory Instrument is a secondary legislation, made by a Minister, modifying existing laws.
Cllr Hogan 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.
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Protests have been held in Athlone over the plan to further develop army-tent accommodation for the possible 1,000 asylum seekers, in up to 150 tents, on a site to the rear of an existing direct provision centre.
Ms Carroll on Monday said that while there had been 180 people in residence in December at the facility, only 137 remained and that amending legislation was presently to come before the Government.
Ms Carroll is applying to put a stay on the December order striking down the use of the statutory instrument used by the office of the Minister in expediting the development of the asylum centre.
Cllr Hogan, who secured 4.8 per cent of first preference votes running for Independent Ireland in Longford-Westmeath, claimed the ministerial process providing for the plan was "unlawful, irrational and a breach of fair procedures".
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Oisín Collins SC with David O'Brien BL, instructed by solicitor Patrick Cunningham of PB Cunningham & Co, for Cllr Hogan, said the State should use existing planning laws to seek permission for the development rather than going to the High Court for a stay on the order quashing the statutory instrument.
Mr Collins said that if the court was to wait for corrective legislation it would be more productive to use planning laws, as the "appropriate mechanism".
Counsel said this did not mean the "shutting down" of the facility but rather the use of "appropriate enforcement notices".
Ms Carroll said that EU law requirements and legislative procedures were complied with but not entered into record, amounting to an "error" but that the situation was considered to be one of "emergency".
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Ms Carroll said that the Minister was seeking a stay in circumstances where there are "significant risks that alternative accommodation could not be offered if the site was closed down".
Counsel said that the nature of the conceded breach in the use of the Statutory Instrument was "procedural, or technical, rather than substantial" and that legislation to correct the error was being put towards Cabinet "imminently".
Ms Carroll said that while the lack of a written environmental impact was an error, all other procedures had been adhered to. Ms Carroll said that there were "serious consequences for those involved and a serious risk to the dignity and safety" of the people residing at the Athlone facility.
Ms Justice Emily Farrell said she would deliver her judgment on the stay application on Wednesday.
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