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Government asks for more time to fix legislation facilitating Athlone asylum seeker centre
Government asks for more time to fix legislation facilitating Athlone asylum seeker centre

Irish Times

time4 days ago

  • Politics
  • Irish Times

Government asks for more time to fix legislation facilitating Athlone asylum seeker centre

More than half of the asylum seekers living at a controversial emergency centre in Athlone have been offered alternative accommodation, the High Court has heard. Senior counsel for the Government Aoife Carroll on Monday told Ms Justice Emily Farrell that 125 people remain at the Lissywollen site but 70 have received offers of alternative placements and they should accept these by next week. Last month Ms Carroll told the court there were 137 people housed at the facility but the figure was dropping as alternative places were being sought. The issue is before the High Court due to a legal case taken by Independent Ireland councillor Paul Hogan, representing the Athlone-Moate district. He successfully applied to the court last December arguing the State's move to expedite use of the site for this purpose was unlawful. READ MORE Cllr Hogan 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 such an expedited manner. The State has conceded in court that its statutory instrument facilitating fast-track construction of the facility was 'invalid'. It says it is working to repair relevant legislation. Protests have been held in Athlone over the plan to develop army-tent accommodation for up to 1,000 asylum seekers. Last month, Ms Justice Farrell said she would defer her judgment quashing the use of the statutory instrument to develop the emergency accommodation in Athlone. She said she wanted to wait for updates and to see draft legislation from the Oireachtas. [ High Court defers judgment in legal row over Athlone asylum seeker centre pending draft legislation Opens in new window ] On Monday Ms Carroll said the department is continuing to work to reduce the number of people at the facility but faces 'significant pressure' on the system. On repairing the legislation, Ms Carroll said 'significant work' has been done on part of the issue but 'we have not made the progress hoped'. Ms Carroll again asked the court to refrain from making final orders in the matter. She asked it to maintain the status quo pending the legislation, which will hopefully go before the Dáil in November. Ms Justice Farrell adjourned the matter to next week but warned she cannot keep deferring final orders when the Government has had 'ample opportunity' to put legislation before the Dáil. David O'Brien, barrister for Cllr Hogan, said the Government giving 'loose dates' has been 'a regrettable motif' in the case. Any November date for the legislation to come before the Dáil, which was indicated to the court in May, was initially 'unrealistic'. 'Now it is at the point of untenable,' said Mr O'Brien, and his client is left 'without a modicum of explanation'.

Over half of those left at controversial Athlone asylum facility could begin to leave next week
Over half of those left at controversial Athlone asylum facility could begin to leave next week

BreakingNews.ie

time4 days ago

  • Politics
  • BreakingNews.ie

Over half of those left at controversial Athlone asylum facility could begin to leave next week

Over half of the people seeking asylum occupying a controversial emergency accommodation centre in Athlone will tell the government by next week whether they have accepted alternative accommodation offered to them. At the High Court on Monday, senior counsel Aoife Carroll, for the government, told Ms Justice Emily Farrell that of the remaining 125 people at the accommodation centre, 70 people had received offers of alternative accommodation and that the court should know their answers next week. Advertisement Last month, Ms Carroll told the court that 137 people were in emergency accommodation at the facility, but that figures were dropping as alternative accommodation was being sought. The High Court action was taken by Independent Ireland councillor for Athlone-Moate District Paul Hogan, who successfully applied to the court in December for a judicial review, arguing that the expedited development was unlawful. The State has conceded to the court that the statutory instrument used to expedite the construction of the facility was "invalid" and is working on repairing legislation. A Statutory Instrument is a secondary legislation made by a Minister, modifying or supplementing existing laws. Cllr Hogan is taking the case against the office of the Minister for Children, Equality, Disability, Integration and Youth. Advertisement Cllr Hogan 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 such an expedited manner. Protests have been held in Athlone over the plan to further develop army-tent accommodation for a possible 1,000 asylum seekers. Last month, Ms Justice Farrell said she would defer judgment, quashing the use of the Statutory Instrument used to develop the emergency accommodation at Lissywollen in Athlone, Co Westmeath. Ms Justice Farrell had said she wanted to wait for updates and to see draft legislation from the Oireachtas. The government submitted it intended to remedy the legal issue over the bypassing of environmental assessments for the accommodation. Advertisement Today, Ms Carroll said the department was continuing to work to reduce the number of people at the facility, but that there was "significant pressure" on the system. Regarding the repairing legislation, Ms Carroll said "we have not made the progress hoped". Ms Carroll said that "significant work" had been done on a general scheme and that it was hoped this would go for drafting in preparation for legislation. Ms Carroll again asked for the court not to make final orders in the matter and to maintain the status quo pending the legislation, which is hoped to be put to the Dáil in November. Advertisement Ms Justice Farrell adjourned the matter to next week but warned she could not keep deferring final orders when the government had "ample opportunity" to put legislation before the Dáil. David O'Brien BL, for Cllr Hogan, said the government indicating "loose dates" had been "a regrettable motif" in the case. Any November date for the legislation to come before the Dáil, which was indicated to the court in May, had been initially "unrealistic... now, it is at the point of untenable" and his client was left "without a modicum of explanation", he said. Cllr Hogan claims the ministerial process employed was "unlawful, irrational and a breach of fair procedures".

High Court judge to rule on Athlone asylum centre on Wednesday
High Court judge to rule on Athlone asylum centre on Wednesday

BreakingNews.ie

time23-06-2025

  • Politics
  • BreakingNews.ie

High Court judge to rule on Athlone asylum centre on Wednesday

Lawyers for the State have told the High Court that there is a "serious risk to the dignity and safety" of asylum seekers if the government is not allowed to use special powers to fast-track refugee accommodation. 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. Advertisement 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. Advertisement 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". Advertisement 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". Advertisement 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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