A High Court judge has said she is "quite concerned" that the Government has made no progress on draft legislation to address an error made by the State in the planning process for an IPAS centre in Athlone, which was designed to house up to 1,000 asylum seekers.
Ms Justice Emily Farrell said that the Government has had "ample opportunity" to bring forward legislation since the last time the case was before the court on 25 June last, and it is still "no further ahead" in making progress.
Ms Justice Farrell previously requested that the minister show the court the draft legislation.
Last December, Westmeath councillor Paul Hogan and others successfully claimed that the then minister with responsibility for migration failed to adequately "screen" the International Protection Accommodation Service (IPAS) project for potential environmental impacts and that the minister lacked the expertise to carry out such assessments in an expedited manner.
The State conceded the legal challenge brought by five local councillors against the expedited plan.
At the High Court earlier, lawyers for the state addressed the occupancy issue at the centre.
Aoife Carroll, SC for the State, said that the numbers seeking international protection at the Midlands Accommodation Centre have been reduced to 150, adding that 70 of those individuals have been served transfer letters to move to alternative accommodation elsewhere within the IPAS system.
The asylum seekers have until Wednesday to respond, but it is understood that they are under no obligation to move if they want to remain in Athlone.
The State said it will have the final numbers by Thursday, adding that the Department of Justice, Home Affairs and Migration is continuing to work to reduce the use of the Athlone centre in line with the court ruling and that significant pressures remain on the system.
Ms Carroll told the court that "very little progress" has been made on the draft legislation and that "matters were not as advanced as we want them to be".
Therefore, the Minister for Justice, Home Affairs and Migration, Jim O'Callaghan, asked the court to continue the status quo, pending further progress with the legislation.
Ms Justice Farrell said that on 2 May last, the department committed to draft legislation and at this stage she was "very surprised" to see no progress.
She noted that since the last sitting, the Oireachtas has broken for its summer recess and would not sit again until September.
Ms Justice Farrell previously said that the minister with responsibility was looking for a stay until November, when the proposed legislation is expected to be enhanced.
Ms Carroll said that the cabinet is due to meet tomorrow and that she may be able to provide an update to the court next week.
David O’Brien, solicitor for the applicants, stated this is the "wrong forum for application to be made" and that the situation is less than satisfactory for his clients because the state provides "dates in a loose way and then doesn’t meet those dates".
Ms Justice Farrell said she was "not delighted with what has occurred" but said she believed it is "appropriate to give the Minister another opportunity".
The case has been adjourned for mention until next Wednesday, 30 July.
Protests have been held in Athlone over the plan to further develop army tent accommodation for the possible 1,000 asylum seekers, in up to 150 tents, on a site to the rear of an existing direct provision centre.
Along with Mr Hogan, four other Athlone-based representatives were part of the legal challenge, including newly re-elected Independent TD Kevin 'Boxer' Moran, Fianna Fáil councillors Frankie Keena and Aengus O'Rourke, and Fine Gael councillor John Dolan.
