Courts

Protest at building site for emergency accommodation ends, court hears

Company constructing facilities for Ukrainians near Naas had secured order restraining protesters

Signage erected by protesters at the site of an emergency accommodation facility which is under construction in the Newhall area of Naas, Co. Kildare. Photograph: Colin Keegan/Collins Dublin

Aodhan O'Faolain
Thu Mar 14 2024 - 15:15

A protest at a site where emergency accommodation facilities for hundreds of Ukrainian refugees are being built has ended, the High Court has heard.

Total Experience Limited, trading as Pastures New Accommodation which is constructing facilities at Newhall, Naas, Co Kildare for families fleeing the war, had previously secured a temporary order restraining protesters from blocking the entrances to the site.

The order was obtained against named individuals, and persons allegedly taking part in the blockade who could not be identified by the company.

The company claimed its work had been hampered by those opposed to the State’s provision of accommodation to displaced persons. The company returned to court after the injunction had been granted and claimed that protesters had trespassed after establishing a campsite on the properly.

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At the High Court on Thursday, Barry Mansfield BL, appearing with Gary McCarthy SC, for the plaintiff, said that following on from last week’s de-escalation of matters, the protest ended on Thursday morning.

[ Protest at Co Kildare site intended to house Ukrainian refugees has ‘de-escalated’, court told ]

Vehicles and staff were now able to exit and enter the site, counsel said, adding that it is hoped that persons seeking protection will be able to take up residence in the coming weeks.

Counsel said that his side did not want to inflame matters any further by seeking their costs against the defendants. However, his side was asking that the proceedings be adjourned with permission to re-enter should the need arise.

When the court registrar asked if there was any appearance by the defendants, including the persons unknown, a man who identified himself as Chris McCormack asked to address the court as “a concerned citizen” about a matter “of public interest”.

He said people living near the development, many of whom are elderly, had concerns about “a village of 1,000 people” being built close to them. He also said that people had been told the development was being allocated to Ukrainians.

He added that this was nothing new, and people had been told that a facility at another Co Kildare location was being assigned to house Ukrainians. Instead, he said, it was used for “100 people from the third world” who had no documents nor papers.

He said discussions about the development have been held with local politicians and representatives. In relation to the protest, he asked what else could people do about their concerns.

In reply, Mr Justice Mark Sanfey said while he accepted Mr McCormack’s comments were “sincere and genuine”, the concerns raised by him were not matters the court can deal with. The serious issues raised by Mr McCormack were matters for some other forum, the judge added.

The court had been asked to grant a temporary injunction over the alleged unlawful blocking of entrances to the site. The judge said the court, based on the evidence put before it, was satisfied to grant such an order.

Mr Justice Sanfey said the injunction has now lapsed. He agreed to adjourn the matter generally, and granted the plaintiff company permission to return to court should the need arise.

In its action the company had claimed that commencing in late February up to 50 protesters had maintained a 24-hour protest preventing persons and vehicles from entering or leaving the site.

The plaintiff claimed that the activities amounted to a nuisance and unreasonable interference with the company’s work, and had delayed the opening of the facility.

The court granted the company a temporary injunction, on an ex-parte basis, restraining the protesters from deliberately preventing or obstructing entrances from the site.

The firm has been contracted by the State to provide 985 beds in 387 cabins as well as a dining marquee, laundry and recreation facilities at the site for Ukrainian families fleeing the two-year-old war.

The company said it is not attempting to interfere with anyone’s lawful right to peacefully protest. However the blocking of the entrances was not lawful, and had created a safety risk, it claimed. It had also raised it concerns about social media posts about the facility, particularly ones which made references to fires, and that contained fire emojis.

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