Written answer
International Protection
199. Deputy Michael Collins asked the Minister for Justice, Home Affairs and Migration his views on the legal and policy rationale for requesting a change of use exemption (details supplied); the reason this exemption is being requested for a privately owned facility; the way in which his Department justifies applying the same planning approach to this site as the State-linked Citywest Reception Centre; the intended duration of use for the facility as International Protection Accommodation Services (IPAS) accommodation the projected and maximum occupancy levels for this specific location; if these figures and the "scale and intensity" of the development have been formally evaluated in a community impact assessment to determine the cumulative effect on the wider area, given that no public consultation or submission process has been facilitated; and if he will make a statement on the matter. [38050/26]
Comment on this
IPAS currently has over 300 accommodation centres in operation, and over 33,000 residents in total. Planning regulation and compliance is a matter between the relevant Local Authority and the property or provider.
A number of planning regulations are in place relating to international protection accommodation, and these are outlined below.
Section 14 h of S.I. No. 582/2015 - The Planning and Development Act may be utilised by providers of accommodation for international protection applicants: www.irishstatutebook.ie/eli/2015/si/582/made/en/print.
The Planning and Development (Exempted Development) (No. 4) Regulations (S.I. 605 of 2022) were introduced to assist the State in meeting Ireland’s legal obligation to provide accommodation to international protection applicants.
The Regulations amend Part 1 of Schedule 2 to the Planning and Development Regulations 2001, as amended, to insert a new Class 20F exemption, with the structures in question being temporarily exempted from the requirement to obtain change of use planning permission. The regulations allow the temporary use of certain structures to accommodate or support persons seeking international protection.
Class 20F of S.I. No. 605 of 2022 permits the change of use of the following structures for the purpose of providing the necessary facilities for international protection applicants: “school, college, university, training centre, social centre, community centre, non-residential club, art gallery, museum, library, reading room, sports club or stadium, gymnasium, hotel, convention centre, conference centre, shop, office, Defence Forces barracks, light industrial building, airport operational building, wholesale warehouse or repository, local authority administrative office, play centre, medical and other health and social care accommodation, event and exhibition space or any structure or part of structure normally used for public worship or religious instruction.”
The conditions of this exemption can be located here: www.irishstatutebook.ie/eli/2022/si/605/made/en/print
The Regulations 2023 (S.I. 376 of 2023) extended the planning exemption provided by S.I. 605 of 2022, from 31 December 2024 to 31 December 2028. This means that properties covered by this SI can operate as an accommodation centre for people seeking international protection under the provisions of that legislation for as long as it is applicable.
The Department continues to manage and source suitable international protection accommodation, with an emphasis on development of more State-owned accommodation options, and moving away over time from reliance on commercial provision.