High Court Halts Fast-Track Process for Athlone Accommodation Centre

The High Court has ruled against the fast-track process used to expedite the controversial International Protection Accommodation Service (IPAS) centre in Athlone. This decision, issued on March 15, 2024, has led to a stay on the final order for four months, after which the development will be considered unauthorized.

During the proceedings, Ms Justice Emily Farrell heard arguments from Aoife Carroll SC, representing the State, who stated that the centre, intended to house up to 1,000 asylum seekers, is currently vacant. Carroll sought a stay to allow time for remedial legislation to be formulated. The proposed facility included plans for up to 150 tents behind an existing direct provision centre, which sparked significant protests in the local community.

The legal challenge was brought forth by Cllr Paul Hogan and other local representatives, who argued that the minister had failed to adequately assess the project’s environmental impacts. They claimed the expedited process lacked the necessary expertise and scrutiny. The State eventually conceded to the challenge, acknowledging that the statutory instrument used to facilitate the fast-tracking was flawed.

In her ruling, Justice Farrell emphasized the need for proper legal procedures, stating that the expedited approach could endanger the dignity and safety of asylum seekers. While the State argued that special powers were necessary due to an “emergency,” the court found that the legal framework had not been properly adhered to.

Cllr Hogan, who has been vocal about the implications of the proposed development, expressed concerns regarding the legality of the minister’s actions. Alongside him in the legal challenge were Fianna Fáil councillors Frankie Keena and Aengus O’Rourke, as well as Fine Gael councillor John Dolan. Hogan pointed out that the ministerial process was “unlawful, irrational, and a breach of fair procedures.”

The court’s decision included an award of costs up to July 25, 2023, to Hogan’s legal team, represented by Oisin Collins SC. Carroll remarked that although a bill to correct the statutory error was expected to be presented to the cabinet soon, several procedural steps remained.

The current status of the facility includes a security presence at the site, which is not currently in use. If the stay is lifted, the development would transition into an unauthorized status, potentially leading to further legal complications. Collins highlighted the unusual situation where public concerns could be disregarded, preventing them from formally objecting to the development’s impact.

As the situation unfolds, local officials and community members will continue to monitor developments closely, advocating for transparency and compliance with environmental regulations. The legal outcome signals a significant moment in the ongoing debate over asylum accommodation in Ireland, as stakeholders seek to balance humanitarian needs with community concerns.