A High Court judge has ruled the people occupying Apollo House in Dublin city centre must leave the building by January 11th.
The building on Tara Street and Townsend Street was taken over last week by activists in the Home Sweet Home Coalition, and offered as accommodation to homeless people.
Mr Justice Paul Gilligan granted injunctions sought by Tom O’Brien and Simon Coyle of Mazars, joint receivers appointed in 2014 over the building by Nalm Ltd, a Nama company. The orders require the occupants to vacate the property and restrain from trespass.
Noting arguments on behalf of the Home Sweet Home Coalition, including a sworn statement from Fr Peter McVerry about the current homeless crisis and the suitability of accommodation currently being offered to rough sleepers in the city, the judge placed a stay on the order to vacate Apollo House until noon on January 11th.
The stay was made on terms including that no more than 40 homeless people stay at Apollo House each night. Other requirements of the stay include that access to the building is provided to the receivers and the occupiers co-operate with the receivers, particularly relating to the building’s electricity supply. The injunctions apply until the full hearing of the action.
Giving his decision to a court packed with Home Sweet Home supporters, the judge said the receivers were entitled to the injunctions. The occupants were trespassers, and had occupied the building to highlight the plight of the homeless. However, the law was “clear” in regard to an ongoing trespass, and the rights of the receivers who had charge of the property. The courts “must apply the law”.
Activists
He said the very exceptional circumstances that would allow the court not to grant the orders sought did not exist.
Lawyers representing four of the activists had sought a six-month stay on the order, but the receivers’ lawyers said they favoured a stay measured in days rather than weeks.
Opposing the injunctions application earlier, Ross Maguire SC, with Michael Lynn SC, said he represented four occupiers – musician Glen Hansard, trade unionist Brendan Ogle and activists Aisling Hedderman and Carrie Hennessy – who were members of the Irish Housing Network, which was part of the Home Sweet Home Coalition.
Counsel urged the court to use its discretion to not grant the orders sought because that would put the 40 homeless people who have been staying in the building back on the streets. Claims advanced by the receivers of sufficient and suitable accommodation available for homeless people in the Dublin city area were disputed by his clients.
In a sworn statement to the court, Ms Hedderman said the coalition had taken steps to ensure the building was safe. It was being well run, and security was being provided by a professional firm.
Rejecting claims it was unsuitable for use as accommodation for the homeless, she said the facility was dry and did not allow in drugs or alcohol, and each occupant had their own room. This was unlike the dormitory-type accommodation on offer else where in the city.
No choice
Seeking the injunctions, Rossa Fanning SC, for the receivers, said the application was not about putting people on the street at Christmas or any other time, and his clients had “no choice” other than to take proceedings over the occupation.
He said his clients have been in contact with Dublin City Council and the Dublin Regional Housing Executive, and were satisfied there was capacity at other facilities operating as emergency accommodation for the homeless. The receivers were sympathetic to the plight of the homeless, but the occupation was illegal and a form of “political protest”.
He said there were several serious health and safety risks that made the building unsuitable for use as a shelter. The former office block was never intended for residential purposes and required extensive maintenance.
Counsel said the receivers were appointed after Nalm acquired loans advanced by Anglo Irish Bank to the building’s owners Cuprum Properties Ltd who had defaulted on borrowing of €357 million. The building formed part of a block due for redevelopment, and the receivers wanted to sell the property so as to deliver the best possible return for the taxpayer.