Government Proposes New Law to Expedite Asylum Centre Approvals

The Government of Ireland plans to introduce legislation aimed at easing the establishment of asylum centres, allowing them to bypass existing planning laws. This initiative follows a robust critique from High Court Judge Emily Farrell, who expressed concerns last month regarding the Government’s inaction on necessary legislative reforms.

As the proposed law takes shape, it has drawn sharp criticism from local officials. Aengus O’Rourke, a Westmeath councillor representing Fianna Fáil, has been vocally opposing the development of an asylum centre in Athlone. He accused the State of attempting to “shoehorn” legislation to legitimise actions that he deems illegal. O’Rourke, who is the son of former Fianna Fáil minister Mary O’Rourke, stated that such efforts undermine the integrity of the law.

The draft of the new Bill, which has been reviewed by Extra.ie, outlines a “bespoke substitute/retrospective consent process” aimed at addressing an error identified in the planning process for an IPAS facility in Athlone. This facility is intended to accommodate up to 1,000 male asylum seekers. Judge Farrell highlighted in her comments on July 21, 2023, that the Government had ample opportunity to rectify the legislative shortcomings since the last court hearing on June 25, 2023.

Proponents of the legislation assert that it will allow for a retrospective consent process for emergency developments, such as the Athlone IPAS site. Critics argue that this process would enable the Government to skip both planning requirements and community consultations.

Concerns regarding environmental assessments have also emerged. Last December, a coalition of Westmeath councillors, including O’Rourke, successfully challenged the previous Government’s handling of the IPAS project, asserting that it lacked adequate environmental scrutiny. The court found that the then Minister responsible for migration had insufficient expertise to conduct the necessary assessments quickly.

Further complicating matters, a legal challenge from a north Dublin group led to a significant ruling that invalidated a statutory instrument facilitating plans for a similar facility at Thornton Hall. This site, located between Ashbourne, County Meath, and Swords, County Dublin, was initially set to house 1,000 men in temporary accommodations.

Despite ministerial orders that could allow for expedited development, all projects must still comply with environmental laws. Liam Ó Grádaigh, who provided the affidavit for the Thornton Hall judicial review, emphasized that such compliance is non-negotiable.

In the ongoing legal battle concerning the Athlone asylum centre, five councillors from the area are serving as plaintiffs, including O’Rourke and his colleagues, Paul Hogan, Independent TD Kevin ‘Boxer’ Moran, Fianna Fáil councillor Frankie Keena, and Fine Gael councillor John Dolan. Moran, however, had to withdraw from the case after being appointed junior minister responsible for the Office of Public Works, which oversees the Lissywollen site.

O’Rourke reiterated the fundamental issue at hand, insisting that the Government’s actions “make a mockery of the law of the land.” The Lissywollen site has been a focal point for developing facilities for IPAS applicants for several years. However, the promised Bill to address the environmental concerns was delayed and subsequently perceived by local councillors as “aspirational at best,” likely facing further legal scrutiny.

The Cabinet approved the Bill on July 29, 2023, but it was not publicized in the usual manner following the weekly post-Cabinet briefing. A spokesperson for the Government explained that the memo was related to an active legal matter, making it inappropriate for broader dissemination at that time.

The Department of Justice is actively collaborating with the Department of Housing and the Office of the Attorney General to draft the new legislation. A spokesperson stated that they are prioritising the development and passage of this complex Bill to regularise the planning status of sites where developments have occurred under previous orders made under the Planning and Development Act, 2000.