High Court defers judgment in legal row over Athlone asylum-seeker centre to await draft legislation
High Court Reporter
A High Court judge has said the Government is obliged to provide alternative accommodation for "innocent" and "vulnerable" asylum seekers at risk of homelessness while legislation aimed at fast-tracking refugee accommodation is drawn up.
Ms Justice Emily Farrell said on Wednesday she would defer judgment in an application by the State to quash an order that struck down a statutory instrument used to develop emergency accommodation at Lissywollen in Athlone, Co Westmeath.
She said she wants to wait for updates and to see draft legislation from the Oireachtas. The government intends to remedy a legal issue over the bypassing of environmental assessments for accommodation that has been categorised as having "emergency" status.
Ms Justice Farrell said there could be consequences and a "real risk of homelessness for innocent third parties and families who may be vulnerable" staying at the centre if they could not be re-homed.
Ms Justice Farrell said that in the interim there was an obligation on the Minister to attempt to provide alternative accommodation and to show the efforts made to do so.
The judge said that nobody but those granted accommodation last February should be offered accommodation at the centre, and that no new works should be carried out at the facility, with only essential maintenance to be undertaken.
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, as the system cannot immediately re-house the 137 residents in the facility.
Earlier this week, Aoife Carroll SC, for the State, asked the court to put a stay on the December quashing of the use of a statutory instrument that had been used to speed up the establishment of the facility at Lissywollen. Ms Carroll said that while environmental and EU law had been complied with, it had not been entered into record, which amounted to an innocent procedural error.
The action was taken by Independent Ireland councillor 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 the statutory instrument used was "invalid" and is finalising repairing legislation.
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.
Protests have been held in Athlone over the plan to further develop army-tent accommodation for a possible 1,000 asylum seekers, in up to 150 tents, on a site to the rear of an existing direct provision centre.
Ms Carroll has said amending legislation was presently to come before the Government and was hoped to be passed in November.
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.
Ms Justice Farrell today said she would adjourn the matter to July 21st to allow for sight of the draft legislation that Ms Carroll has said was "imminent".
Ms Justice Farrell said she was conscious of the risk to the residents' safety and dignity should the facility have to be closed.
The judge said the number of people accommodated at the centre should be “diminished substantially” by July 21st.
In taking the successful judicial review, Cllr Hogan, who secured 4.8 per cent of first preference votes running for Independent Ireland in Longford-Westmeath, claimed the ministerial process was "unlawful, irrational and a breach of fair procedures".
