The High Court has ordered it appropriate to quash the use of a flawed fast-track process used to expedite a controversial International Protection Accommodation Service (IPAS) centre in Athlone.
However, a judge has put a stay on the final order for four months, after which it will be an unauthorised development.
Ms Justice Emily Farrell was on Friday told by Aoife Carroll SC, for the State, that the centre, which proposed to house up to 1,000 asylum seekers, was now completely vacant and she was seeking a stay on the order to allow time for remedial legislation to be brought forward.
Protests had been held in Athlone over the plan to develop accommodation for asylum seekers in up to 150 army tents, on the site to the rear of an existing direct-provision centre.
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Last December, Westmeath Independent Ireland councillor Paul Hogan and others successfully claimed the Minister had 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.
The State conceded the legal challenge brought by five councillors against the expedited plan. Lawyers for the State had asked for a stay on the order quashing the use of a statutory instrument to speed up the establishment of the facility at Lissywollen.
A statutory instrument is a piece of secondary legislation, made by a Minister, modifying existing laws.
The State had argued there was a “serious risk to the dignity and safety” of asylum seekers if the Government was not allowed to use special powers to fast-track the accommodation.
Ms Carroll said European Union law requirements and legislative procedures were complied with in the formation of the instrument but not entered into record, amounting to an “error”. However, she said the situation was considered to be an “emergency”.
Cllr Hogan and others took their case against the Minister for Children, Equality, Disability, Integration and Youth.
In delivering her final orders, albeit with the stay, Ms Justice Farrell said she would award costs in the case up until July 25th last to Cllr Hogan’s side, represented by Oisín Collins SC.
Ms Carroll told the judge that a Bill was to come before the Cabinet in the coming weeks remedying the error in the statutory instrument used, but that there were still a number of steps to be made in the process.
She said the facility was not currently in use but that there was still a security presence at the site. Counsel said if the stay was quashed then the site would be an unauthorised development and this could lead to unnecessary proceedings.
Mr Collins said it would be a “highly unusual situation” if the public were to be prevented in making their concerns registered in written objections about the impact of the development.
He said the proposed Bill to remedy the error in the statutory instrument was “amorphous”, it “kept changing” and that the Minister was “struggling to find a solution”.
Mr Collins said his clients had a legitimate concern that was ventilated before the court which led to a “significant” outcome for his side.
Along with Cllr Hogan, three other Athlone-based representatives were part of the legal challenge – Fianna Fáil councillors Frankie Keena and Aengus O’Rourke, and Fine Gael councillor John Dolan.
Cllr Hogan, who secured 4.8 per cent of first-preference votes running for Independent Ireland in Longford-Westmeath, had claimed the ministerial process was “unlawful, irrational and a breach of fair procedures”.
