Over half of those left at controversial Athlone asylum facility could begin to leave next week
High Court Reporter
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.
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.
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.
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.
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".
