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THE FORMATION OF a new government has delayed in a court’s decision over whether the State can continue housing people seeking international protection at a newly-built accommodation centre in Athlone.
The High Court had to push back a decision on the site’s future for a second time today, with the case adjourned until Monday 17 February.
Late last year, lawyers for the State conceded a challenge brought by Athlone county councillor Paul Hogan who claimed the site was unsuitable to house 1,000 people as planned.
There are 180 residents who will remain on site but Judge Richard Humphreys granted a request that no further works to expand the site can take place, except for “urgent” maintenance works.
The judge was told that officials responsible for the international protection system within the Department of Children, Equality, Disability and Youth are being moved to another department. Although not said in court, it is likely this will become part of the revised Department of Justice and Home Affairs.
But this changeover has resulted in a delay to the State formulating its position on the Athlone site.
Aoife Carroll, senior counsel for the State, told the court that with the formation of a new government, the “unit that deals with these issues is intended to be transferred between departments”.
“Because of that we’re not as advanced as we had hoped,” Carroll said.
Carroll requested an adjournment, saying it would “allow the ministers who are taking responsibility for this to consider the issues and consider the next steps” around the future of the centre.
The court heard that legal costs had also been conceded by the State for the case.
Oisin Collins, senior counsel for Hogan, requested that there be no “intensification” of use at the site or further works.
This was granted by Humphreys. He accepted points from the State that the accommodation had been affected by Storm Eowyn and clarified that any maintenance arising from the weather would be allowed.
Following queries from the Independent Ireland councillor’s counsel, Carroll said that she could confirm that the number of residents staying at the site “is not going to change” ahead of the next court hearing. “The State is maintaining the status quo,” she added.
The Midlands Accommodation Centre is intended to be a key part of the government’s response to housing people in the asylum-seeking system.
The original plan was that it would house 1,000 people in an area called Lissywollen to the north of the town but this has been challenged by local councillors in Athlone.
Independent Ireland councillor Hogan – who stood in the recent general election in Longford-Westmeath – claimed the ministerial process providing for the plan was unlawful, irrational and a breach of fair procedures.
Hogan’s legal submission relied on similar grounds to one brought recently by a north Dublin group that secured a strike-down of a statutory instrument that had paved the way for 1,000 international protection applicants to be housed on a State-owned site near Dublin Airport.
Hogan had claimed the Minister failed to adequately screen the project for potential environmental impacts and that he lacks the expertise to carry out such assessments.
There were also deficiencies in the assessment of wastewater requirements and effect on traffic, Hogan claimed.
Since October, protests have taken place around the new International Protection Accommodation Service (IPAS) facility called Midlands Accommodation Centre.
Hogan took the challenge after an online fundraising campaign which amassed over €50k in donations.
According to the fundraiser, the challenge was being brought on behalf of Hogan and four other Athlone-based representatives, including freshly re-elected Independent TD Kevin ‘Boxer’ Moran and councillors Frankie Keena and Aengus O’Rourke of Fianna Fáil and John Dolan of Fine Gael.
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