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File photo of a discarded syringe in Dublin's south inner city.

Planning permission refusal for Ireland's first injecting centre branded 'reprehensible'

Merchants Quay Ireland has appealed against the decision by Dublin City Council.

THE DECISION BY Dublin City Council to refuse planning permission for a new injecting centre is “reprehensible” and a represents “a dereliction of duty” according to an appeal lodged by a homeless and addiction charity. 

The appeal lodged by Merchants Quay Ireland (MQI) against the council’s decision to refuse planning permission for MQI’s contentious proposal – the first of its kind in Ireland.

Consultants for MQI Brock McClure also claim that the council’s refusal for the Medical Supervised Injecting Facility (MSIF) “flies in the face of stated Government policy and efforts of the stakeholders within the health field to reduce drug related deaths”.

Brock McClure state that the refusal is “unwarranted and does not stand up to scrutiny”.

The centre – consisting of seven injecting rooms – is planned to be housed in the basement of Merchant’s Quay existing Riverbank building at 13/14 Merchants Quay, Dublin 8.

Brock McClure states that in the refusal, the council “has egregiously disregarded the clear policy direction” contained in the Programme for Government, the National Drugs Strategy and the City Development Plan.

In total, 99 objections were lodged against the plan including a number from hotels and restaurants in the area over concerns that the MSIF would contribute to a decline in tourists and trade.

However, in the appeal, Brock McClure argues that “Copenhagen, Barcelona, Paris and Sydney have MSIFs within their city centre and there is no documented evidence of the tourist industry suffering unduly as a result”.

Brock McClure argues that given that the planned MSIF “is untested in Ireland, the board should rely on valid international evidence which demonstrates that such facilities can result in a reduction of public drug use and public disorder”. 

The consultants that in this regard, the council’s assertions “that the proposed would have an injurious impact on amenities are unfounded and should be dismissed by the board”.

A central plank of the council refusal was the absence of a “robust” policing plan for the MSIF.

However, leading legal authority on planning in Ireland, Eamon Galligan SC argued in a nine-page legal opinion that the council was going beyond its powers in requiring a policing plan.

Galligan stated that it is not within MQI’s power to deliver a policing plan – it is a matter outside its control.

Galligan also pointed out that a detailed policing plan is a requirement that is not relevant to planning in that planning authorities have no expertise or competence in adjudicating on policing plans or their adequacy.

Brock McClure also stated that two Garda members attending a meeting concerning the MSIF advised that the request for the policing plan was beyond the remit of a planning application.

In the appeal, Brock McClure stress that the inner city location for the MSIF was required by the HSE tender.

The MSIF proposal lies in close proximity to a local primary school, St Audoen’s National School.

The board of management at St Audoen’s NS claimed that the MSIF “will only compound an already horrendous and intolerable situation” for the school.

The school claimed that the planned new facility “represents an unjustifiable risk to the pupils and staff who attend the school”.

Dublin City Council will be given an opportunity to respond in writing to the points made by the MSIF appeal.

A decision is due on the appeal in late December.

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    Mute Connachtabu
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    Feb 27th 2016, 8:35 AM

    Guess Enda will be preparing his resignation speech.

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    Mute TheBull
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    Feb 27th 2016, 9:25 AM

    Nice news to wake up to. :-D

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    Mute Michael Sands
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    Feb 27th 2016, 12:51 PM

    Merkel will have a job for him lined up already like Hogan…

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    Mute Alfie Bonney
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    Feb 27th 2016, 7:18 AM

    If only we had some kind of electronic voting system that be good.. Oh wait

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    Mute Get Lost Eircodes
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    Feb 27th 2016, 10:28 AM

    There’s an #Eircode for that!.. Oh wait

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    Mute Martin Sinnott
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    Feb 27th 2016, 7:10 AM

    Get ready for a November election

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    Mute IrishGravyTrain
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    Feb 27th 2016, 7:19 AM

    Canvassing will be starting again on monday.

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    Mute Daniel Murray
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    Feb 27th 2016, 9:19 AM

    Why is it people with strong political attachments are allowed to be part of the count? What’s the criteria for selection?

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    Mute Dermot Lane
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    Feb 27th 2016, 1:12 PM

    What do you mean part of the count? The counting is done by public servants as far as I know. Each candidate is allowed a certain number of observers, which is only right, but they observe the counting, they don’t do it.

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    Mute Smiley
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    Feb 27th 2016, 7:22 AM

    What happens now? We all give thanks that the bloody politicking is over for now.

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    Mute Celtic_Horizon
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    Feb 27th 2016, 7:35 AM

    No think we have to endure it at least one more time with another general election

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    Mute gerry meagher
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    Feb 27th 2016, 2:01 PM

    How do people get selected for these election jobs. In my village there were at least six people working when it seemed to me that two would have been suffice .I didn’t know any of them

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    Mute Michael Sands
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    Feb 27th 2016, 12:50 PM

    In that photo the one in the green top still has a polling station pencil in her hand lol.

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