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Updated at 2.50pm
THE RECEIVERS TO Apollo House have launched a High Court action aimed at regaining possession of the property.
It follows the release of a statement from the receivers earlier today in response to the occupation of the Dublin building late last week by a group of activists who have set up a temporary hostel for the homeless.
The statement from Tom O’Brien of Mazars calls on the group behind the effort, Home Sweet Home, “to immediately end the current occupation in the best interests of those who are staying there”.
It said that the receivers had tried several times to meet with the group, to no avail, and warned that if cooperation was not immediately forthcoming, “we have no option but to take the only responsible course available and look for assistance from the court”.
Rossa Fanning SC, for the receivers, told the High Court this afternoon that due to the occupation the building, which has been vacant since mid-2015, it no longer has fire insurance and that its public liability insurance will lapse on in mid-January unless the receivers are able to regain possession.
They also say that there are a number of serious health and safety risks that make the building unsuitable for use as a shelter.
The former office block, they say was never intended to be used for residential purposes and required extensive maintenance. They have particular concerns over the electricity supply which had been cut and was restored by the occupiers.
There was also a risk of people tripping and falling down stairwells in the building, there were concerns about the building’s water supply and there is no provision for the removal of waste.
As a result of the occupation the receivers, who want to sell the property, are seeking injunctions requiring all those in occupation to vacate the premises.
Justice Paul Gilligan granted lawyers for the receivers permission to serve short notice of the injunction proceedings on solicitors purported representing the occupiers. Noting health and safety concerns, he made the matter returnable for tomorrow morning.
Should the court grant the injunctions sought, the joint receivers, Fanning continued, were also prepared to accept a timeline from the court for the occupiers to leave the building.
Response
Responding to the news this afternoon outside Apollo House, activist Rosi Leonard said they would be consulting with their legal team before deciding how to respond.
Speaking after a free concert at the building by Glen Hansard and others, attended by hundreds of people, she said that the attendance showed there was huge public support for the project and others like it.
Leonard said that there appeared to be an effort to paint the activists as irresponsible, but argued that it was the government that was being irresponsible by choosing to leave buildings vacant while people were sleeping rough on the streets.
Apollo House
Activists with the group – which is supported by well-known figures like Hansard, Damien Dempsey and film director Jim Sheridan – moved into the building late on Thursday night.
Around 30 people are now staying in the former Department of Social Protection Building near Tara Street Dart station each night, according to Home Sweet Home organiser and union activist Brendan Ogle.
Volunteers working to kit-out the disused building say they have been overwhelmed with support from the public, and intend to maintain their presence at the site to draw attention to the problem of homelessness.
The statement
Today’s statement from Mazars, the receivers appointed by Nama, said “our immediate priority and concern has been the health and safety of the homeless people seeking shelter there”.
While we endorse the importance of highlighting the need for providing shelter to the homeless and the most vulnerable in society, the provision of such sheltered accommodation must be done in an organised, structured and sustainable manner. That is not possible in Apollo House.
“We immediately engaged with Dublin City Council and homeless charities who provide shelter and care to the homeless with a view to ensuring that appropriate alternative accommodation, with the necessary facilities and staff, would be available to those who might seek shelter in Apollo House.
“All homeless charities recognise as a fundamental principle that shelter accommodation must be staffed by trained and properly resourced care professionals in order to create as safe and controlled an environment as possible.”
‘Poor condition’
The statement said that Apollo House is a commercial premises which was closed down in 2015 due to its poor condition, pending redevelopment.
“We share the views of the homeless agencies that the building is completely unsuitable for residential use and lacks the most basic facilities needed by those who are homeless. Notwithstanding the efforts by Home Sweet Home to provide these basic facilities, the building simply does not meet the requirements for a sustainable, safe physical and caring environment.
Another very significant issue is that this illegal occupation of Apollo House has resulted in the loss of fire insurance cover for the building which poses an immediate and significant risk to the occupants and to neighbouring property and occupiers. As the Receivers to Apollo House we cannot responsibly allow this situation to remain.
Relocation
The statement said that Dublin City Council had confirmed they expect 210 new beds to become available this week in three city centre facilities.
“These facilities are run by homeless agencies who provide not just beds but a full professional support service comprising professional care, medical and counselling staff along with access to public health nurses. Dublin City Council has agreed to work with these housing agencies so that all those sheltering in Apollo House can be accommodated in these facilities.
“Our overriding concern is for the health and safety of those who are homeless currently staying in Apollo House. The Receivers have tried to meet with Home Sweet Home in order to organise a move of those in Apollo House to appropriate accommodation with the full support services provided. We call on those behind Home Sweet Home to act responsibly and work with Dublin City Council to immediately end the current occupation in the best interests of those who are staying there.
“We have tried to engage constructively with those involved and have on a number of occasions sought to meet with them but to date, Home Sweet Home have not made themselves available to meet with us.
The situation at Apollo House cannot be allowed to continue indefinitely for the reasons mentioned. In the event that cooperation is not immediately forthcoming, as the Receivers to Apollo House we have no option but to take the only responsible course available and look for assistance from the courts in seeking to resolve this issue in the best interests of those currently in occupation at Apollo House.
Newly-opened hostels
The 210 bed places referenced in the Mazars statement are at hostels at Ellis Quay, Little Britain Street and Francis Street in Dublin city centre.
A judge lifted a stay on the Francis Street Emergency Accommodation unit, at Carmen Hall, last week, and Housing Minister Simon Coveney said in a statement that works were being completed with a view to having the building occupied before Christmas.
The hostels at Ellis Quay and Little Britain Street have been open since 9 December. Dublin City Council confirmed this afternoon that the Carmen Hall hostel would not be open until Thursday.
The twice-yearly Dublin Region Homeless Executive rough sleeper count recorded 142 people sleeping rough in the city area on the night of 22 November.
CEO of Dublin Simon Sam McGuinness said on Friday that emergency beds that had already been opened for the Christmas period were already nearing capacity. The charity’s own rough sleeper count found that over 100 people were still bedding down in the streets or in public parks.
- With reporting by Aodhan O Faolain
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Information is power and hogan has taken away the most basic human right! Access to information.
The first person commented how there was no sound (and has now removed their comment, there is sound!! ) imagine the frustration you felt when watching the video, that’s our lives every day. Frustrating. Tiring. Limiting.
Return our ‘sound’
Yet another botched decision. , the craziness continues .
The video tells the tale. This is a shameless government, dismantling the few decent services that give some degree of dignity to those in need of them.
ISL should be enshrined in the constitution with full protection of rights!
I know it’s racist but, why don’t we take a few grand out of the foreign aid budget?
Over half a billion, and much of it thrown into a black hole. it’s absolute lunacy. If anybody disagrees, can they tell me if Africa is getting better or worse?
Sometimes I really do hope there is a hell and I hope those like Hogan burn there for eternity. The man should not be allowed to be in charge of opening a door.
Unfortunately that is not the case. Nature is cruel.
Why was that comment “there is no sound” been removed, for all you know that person may be deaf, ok so we all say he made a joke, try understand what the people are saying without reading the text I can just about lipread can’t sign and I can’t hear. People who know me who comment on here will know I am deaf, and not taking the piss.
A very sensible comment Declan .
Why would you need sound? See the world the way deaf people do!
I could have used this service had I known about it,now that I have its closed,then I may not have got because the household income might be €2 over the limit.
€8m is all that’s needed here!
Was even borrowing it and putting it on the “slate” considered?
Typical of Ireland and it’s backward government,hitting the needy and taking from the people that need services most.it can sometimes be very difficult for deaf people to integrate into society and now they are being victimised by their own government by the closure if deaforward they must feel further away from the rest of society than ever.The government shouod be embarrassed and ashamed but one thing is for sure,they are not!
Why am I not surprised? Oh yes because I live in Ireland.
It is with great dismay I read about the cut in funding to this vital service for the deaf community. The video above clearly illustrates how this service is needed so as to ensure that members of the deaf community are able to interact with bodies such as hospitals, government agencies and utilities companies in a dignified manner and on the same basis as any member of the hearing community.
For the government to cut this funding is tantamount to denying members of the deaf community the ability to access such basic human rights as to health and education. It is discrimination at the most fundamental level where the effect (intended or otherwise) is to marginalise 5,000 citizens of this country. It cannot be justified by raising budgetary concerns where less vital expenditure could be cut in its place.
i want our ids back, i don’t want be isolated again, need break the barrier, where can i go ? and access to health care, education etc, i wont go to gp if there is no interpreter, they gave me wrong med or no information. i have enough suffer in my childhood so enough is enough.
Totally agree Michelle! This decision is BEYOND shocking and an insult to every deaf person in this country!
This decision by Minister Hogan confirms his level of ignorance in dealing with people who have special needs. It’s obvious he neither understands nor cares about people who are challenged everyday in their efforts to live a normal life. These special services are a real and measurable lifeline for thousands of ordinary Irish citizens. “It’s a long road that hasn’t got a bend” and this decision will come back to haunt you Mr. Hogan
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