Court injunction sought to prevent Coolock site from housing international protection applicants

Aodhan O'Faolain

An application has made to the High Court for an injunction preventing a site in Coolock being used to house persons seeking international protection.

Three members of the public, Melissa Kelly, Amanda Farrelly and Alan Croghan are seeking orders including an injunction restraining the former warehouse for Crown Paints in Coolock, being developed into units to house mainly Ukrainians fleeing the conflict in their home country with Russia.

The proceedings are against several respondents including the Minister for Children, Equality, Disability, Integration, and Youth Roderick O'Gorman, Dublin City Council, the Chief Superintendent of Coolock, and Townbe Unlimited Company, which it is claimed is the leaseholder of the site.

It is understood that other parties may be added to the proceedings.

Representing themselves they claim that the decision to allow the site to be converted into housing for refugees is unlawful and should be halted on grounds including that there was, in breach of planning laws, a failure by the authorities to enter into a process of public consultation regarding the proposed development.

Speaking on behalf of the respondents, Ms Kelly told the court that she also believes the decision to develop the site into accommodation for international protection seekers is also unconstitutional.

She argued that they were also entitled to an injunction because of the "public unrest" over the proposal and that it may cause "serious harm" to those living in the locality.

The site has been the scene of violence and unrest. Several gardaí were injured and there were arson attacks on a Garda car and a digger.

Fireworks were aimed at lines of Public Order Unit gardaí, while glass bottles and rocks were also thrown.

Over a dozen people were arrested and were subsequently charged with public order offences.

The matter was briefly mentioned before Mr Justice Rory Mulcahy during Wednesday's vacation sitting of the High Court.

The judge said that he had some knowledge of the situation having made orders in July restraining persons unknown from attending at or engaging in violent behaviour at the site.

The judge said that he was not prepared to grant an interim injunction ex-parte basis, on grounds including that the applicants had delayed in bringing their action.

Some of the matters raised by the applicants, the judge added, were simply not capable of being decided by a court of law.

However, the judge said that they had raised some issues in their application that did merit a response from the respondents.

On that basis alone, the judge said that he was prepared to grant the three applicants' permission on an ex-parte basis to serve short notice of the injunction application on the respondents.

The judge adjourned the application to a date later this month.

Wednesday's application is the latest proceedings to come before the court in respect of plans to develop into 500 modular units primarily for Ukrainians do not have suitable accommodation in Ireland.

Last month Mr Justice Mulcahy granted various orders in favour of Townbe and developer Remcoll Capital Limited, restraining persons unknown from engaging in any threatening or intimidatory behaviour towards their employees at the site.

The court also made orders restraining any trespass at the site.