The IPAS centre in Athlone (file pic).

Retrospective IPAS law move angering local councillors

A legal challenge brought by four Westmeath councillors against the state’s development of a direct provision centre in Lissywollen has revealed what they call “an astonishing abuse of power” by the government in trying to retrospectively legalise an unlawful project.

Last December, the High Court ruled in favour of Cllrs Paul Hogan, Aengus O’Rourke, John Dolan and Frankie Keena, who successfully challenged the planning and environmental legality of the government’s plan to house 1,000 single adult males in tents adjacent to the existing centre in Lissywollen. The state conceded the development breached planning and environmental law.

Cllrs John Dolan Aengus O’Rourke, Paul Hogan and Frankie Keena.

Since that concession, the case has seen numerous court appearances – “a dozen or more” – and there have been repeated adjournments and delays. The current number of residents on the site has been reduced from 185 at its peak to approximately 40-50, following judicial directions to substantially diminish the occupancy.

Justice Emily Farrell recently ordered the state to present draft legislation to retrospectively regularise the unauthorised development, not just at Lissywollen, but at all IPAS sites affected by a planning exemption under Section 181 of the Planning and Development Act 2000. However, the government has failed to meet deadlines.

A promised bill due in mid-June did not materialise, and a draft ‘heads of bill’ presented in August is seen by the councillors as “aspirational at best” and likely to face further legal challenges.

The councillors have an issue with the fact that the proposed legislation would grant a retrospective consent process for emergency developments like the Athlone IPAS site, allowing the state to bypass both planning requirements and community consultation.

“This is about democratic standards and the rule of law. You do not change the law just because you’ve been caught breaking it. Laws apply as they stand today – not as they might stand 10 weeks or 10 months down the line. If the government can retroactively legalise its own unlawful actions, then where is the democracy in that?”

They also called out Minister of State Kevin ‘Boxer’ Moran, who was a co-signatory on the original legal challenge before his appointment to the Department of Public Expenditure, with responsibility for the Office of Public Works (OPW), which owns the Lissywollen site.

They say that under an OPW protocol, Minister Moran has the legal obligation to immediately terminate the licence allowing the IPAS centre’s operation on the site due to the lack of proper planning permission – a step the councillors say has not yet been taken.

The councillors stressed the urgent need to close the tented site before another winter, citing safety concerns after two emergency evacuations during storms last winter due to damage to tents.