Government Rushes New Law to Bypass Planning for Asylum Centres

UPDATE: The Irish Government has just announced a controversial new law aimed at allowing asylum centres to bypass existing planning regulations. This urgent legislative move follows a strong rebuke from High Court Judge Emily Farrell, who criticized the State for its inaction regarding planning errors affecting the International Protection Accommodation Service (IPAS) centre in Athlone, which is set to house up to 1,000 male asylum seekers.

The proposed legislation, which has been presented to the Cabinet, introduces a “bespoke substitute/retrospective consent process.” It is seen as a direct response to Judge Farrell’s comments made on July 21, where she expressed her “quite concerned” stance over the lack of progress on rectifying planning issues for the Athlone centre. The judge highlighted that the Government had ample opportunity to act since the last court hearing on June 25.

Westmeath Fianna Fáil councillor Aengus O’Rourke, a vocal opponent of the Athlone asylum centre, has condemned the Government’s actions, stating it attempts to “shoehorn” legislation to cover up what he describes as illegal acts. “This makes a mockery of the law of the land,” O’Rourke told Extra.ie.

The new Bill will enable the State to sidestep both community consultation and planning requirements for emergency developments like the IPAS site. This follows a previous legal victory for councillors, including O’Rourke, who successfully argued that the Government failed to conduct adequate environmental assessments related to the IPAS project.

Previously, plans to accommodate 1,000 asylum seekers at Thornton Hall faced significant resistance due to similar legal challenges. Concerns were raised about environmental impacts, including wastewater management, leading to a pause in the project after residents launched a judicial review.

Five local representatives, including O’Rourke and Independent TD Kevin ‘Boxer’ Moran, are part of the ongoing legal battle against the Athlone centre. Moran was required to withdraw from the case after his appointment as junior minister for the Office of Public Works, which oversees the site.

The Government has been striving to develop the Lissywollen site in Athlone for several years, but previous efforts have stumbled over legal hurdles. The latest draft of the Bill is perceived by local councillors as “aspirational at best” and is expected to face further legal scrutiny.

On July 29, the Cabinet approved the Bill, but it was notably not publicized by the Government as is customary following such decisions. A Government spokesperson explained that the memo concerning the Bill related to a live legal matter, making it inappropriate for public disclosure at that time.

The Department of Justice has stated that it is prioritizing the development and passage of this legislation to regularize planning status at sites where development has already occurred under previous orders. The urgency of this situation cannot be overstated, as local communities and asylum seekers alike are left waiting for clarity amidst ongoing legal battles.

As developments unfold, all eyes will be on how the new legislation is received by the public and if it can withstand potential legal challenges. The implications of this law could dramatically reshape the landscape of asylum processing in Ireland, making it a critical issue for residents and asylum seekers alike.

Stay tuned for more updates on this developing story.