Councillors hit out at court delay

Two of the Athlone councillors taking a High Court challenge against the development of the controversial asylum seeker accommodation centre in Lissywollen have strongly criticised the State over a fresh delay in the case.

After the proceedings were adjourned again on Monday, Athlone Mayor Cllr Frankie Keena accused the State of trying to buy time to "correct their past errors" in relation to the centre, commenting that this was "unbelievable".

The legal action seeking to halt the development of a centre to provide temporary accommodation to up to 1,000 male asylum seekers at Lissywollen got underway in the latter months of last year.

At previous hearings, legal representatives for the State conceded the legal challenge, which was being brought on environmental grounds on behalf of local councillors Paul Hogan, Frankie Keena, Aengus O'Rourke and John Dolan. The State also said it would pay the legal costs of the challenge.

However, a final decision on the future of the Athlone site remains up in the air.

At present there are around 180 residents at the centre, but Judge Richard Humphreys previously granted a request that no further works to expand the site could take place there, apart from "urgent" maintenance works.

At Monday's hearing in the High Court, the Athlone councillors' legal team said they received correspondence from the Minister last Thursday in relation to the case, followed by an affidavit from the Minister on Friday evening.

The court was told that the Minister is seeking a six-month stay on any order made by the court.

Cllr Hogan's counsel said they would need extra time to reply to the Minister's affidavit, adding that the case requires "urgent rectification and conclusion".

Aoife Carroll, senior counsel for the State, apologised for the "lateness" of the affidavit on Friday.

Judge Richard Humphreys said, given the latest development, it would be "premature" to set a hearing date in the case.

"I don't want to have this argument every week," he said of the latest delay.

Justice Humphreys listed the case for mention on March 24, in order to give both sides time to submit relevant statements.

Reacting to the latest delay in the case on Monday, Fianna Fáil's Cllr Keena and Fine Gael's Cllr John Dolan both issued statements later that day criticising the State's position.

"While the State has already conceded their case on environmental issues, they are now requesting the court to issue a stay of six months," which he said would allow them to change the legislation to make their unauthorised development lawful, with the consequence of keeping the site open.

"It is unfortunate that this new Government is continuing to support the previous Department of Integration’s failures by robustly contesting the Athlone legal challenge case," he added.

"It is shameful to see the amount of public money that has been spent to date on this unauthorised site and now the State is going to spend even more public money to try and change legislation to make this development lawful," he claimed.

"They are engaging environmental consultants at huge costs to the taxpayer to get a decision to overcome their errors.

"In turn, we now have no option but to engage alternative environmental consultants at huge costs to our own legal challenge to counteract the State."

Cllr John Dolan, meanwhile, said he was "angry and disappointed" after the latest delay in the case.

"To say that I am angry and disappointed is an understatement at the late nature of the affidavit that was submitted on Friday evening by the legal team for the Department of Children, Equality, Disability, Integration and Youth.

"Our High Court case was listed for Monday and the Department lands an affidavit listing 50 points looking for a stay for six months," said Cllr Dolan.

"The State has already conceded the case but, in my view, are trying to delay any decision. (On Monday) there were instructions that the case will be listed for mention on March 24 in order to give both sides time to submit relevant documents.

"My colleagues and I are determined to see this process to a conclusion as swiftly as possible, and I think that the Department need to accept that what was done here by them was not acceptable and wrong," concluded Cllr Dolan.