The development of international protection accommodation at the site of a former paint factory in Coolock, north Dublin, is contingent on gardaí being satisfied works will not give rise to “serious disturbances”, the High Court has heard.
Lawyers for the company that is leasing and planning to develop the Crown Paints warehouse in Coolock said this is one of two “preconditions” that must be satisfied before they will commence works.
Senior counsel Bernard Dunleavy said his client, regardless of Garda concerns, needs to also satisfy itself that the Malahide Road site is safe for its workers.
He said there is currently no contract with the State for the provision of international protection accommodation at the premises and that any potential contract is also subject to preconditions.
The site was the scene of violence, fires and considerable unrest during the summer over plans to develop it into accommodation for international protection applicants and Ukrainians who have fled the war in their home country. More than 20 people have been charged in connection with scenes of disorder at the site.
Mr Dunleavy was responding to questions from Mr Justice David Holland in an application brought by three individuals seeking an order that would prevent the site from being used to house international protection applicants until their wider court case concludes.
The case is brought by Melissa Kelly, a farmer with an address in Woodlawn, Ballinasloe, Co Galway; Amanda Farrelly, a taxi driver living in Coolock; and Alan Croghan, a resident of Fairfield Estate, Coolock.
The trio are representing themselves in their action against 10 legally-represented respondents, including Mr Dunleavy’s clients: site leaseholder Townbe Unlimited Company and its directors, Paul Collins and Tanya Hennigan.
The challenge is also against the chief superintendent of Coolock, the Garda commissioner, Dublin City Council, the Government and Minister for Integration Roderic O’Gorman, whose department oversees the international protection accommodation system.
The respondents all deny the claims made and argued the injunction cannot be granted.
Outlining their application, Ms Kelly alleged Townbe did not have in place the correct planning permissions to carry out its works and intended to remove asbestos without proper notification.
Townbe’s counsel denied the claims and told the court no works have taken place. Any changes his clients intended to carry out were internal and permitted under a planning exemption, he said.
In legal documents, Ms Kelly says she attended several peaceful protests in Coolock, while her co-plaintiffs were also very involved in the protests. Her affidavit covers a wide range of concerns about immigration, the media, policing and a lack of public consultation about plans for the Coolock site.
Mr Justice Holland said he was “frankly shocked” by many of the plaintiffs’ statements in their legal papers. He said he takes a “very grave view” of allegations that immigration is “in effect the fifth plantation of Eireann”. Many of the assertions made are “utterly unsupported by evidence”, he said.
Ms Kelly responded by saying that unsustainable demographic change is not compliant with the Aarhus Convention, while “cultural genocide” is also recognised by law. She said anyone would admit that unsustainable numbers came to Ireland last year.
The judge said he will deliver judgment on the application in the near future.
