Politics
Home Office in court: Asylum seeker’s legal team argue Penally Camp conditions are ‘unlawful’
A COURT CASE has been filed in the High Court against the Home Office by a resident of the Penally Asylum Seeker Accommodation Centre.
The 20-year-old Iraqi national at the centre of the case has mounted a legal challenge arguing the way that he has been treated is “plainly unlawful”.
His lawyers are arguing on his behalf that an ex-army camp holding hundreds of asylum seekers is in breach coronavirus guidelines, and places residents at risk of suffering degrading treatment.
The asylum seeker’s legal team have also said that the conditions in the camps are breach the government guidelines on Covid-19 precautions, as well as placing residents at risk of suffering from “degrading” treatment due to unhygienic conditions and a lack of access to medical care.
It was revealed in court on Friday that an asylum seeker recently tested positive for the coronavirus in Penally barracks – and there was no indication that others who were in close contact were allowed, or required, to self-isolate, nor that anyone who might have been in contact had been tested and treated as required.
The Home Office has already faced a number of individual challenges from asylum seekers – at least 10 of which the department conceded before the case went to court, resulting in the claimants being moved out.
Submissions were made in the High Court on Friday (Dec 4).

The Iraqi says he was one of the first to arrive at the camp, having been moved to Penally barracks soon after it opened. He was previously housed in various hotels since he arrived to the UK in March this year.
The legal team argues that his continued stay at the camp has posed a “real risk” to his health and that there had been “no lawful or reasonable justification for removing him from suitable accommodation to the facility”.
The court was told that conditions at the camp did not allow for social distancing nor for compliance with the six-person rule, and that there was “no indication” that residents had proper access to medical care or masks, unless provided by a charity.
In documents submitted to court, the legal case is put forward as follows: “The [Home Office’s] failures arguably amount to a breach of Article 3 [of the] European Convention of Human
Rights and amount to serious mistreatment, neglect and general poor care on the part of the secretary of state,”.
They went on to state that while it was accepted that there was an “added burden” on the Home Office because of Covid-19, the department’s actions were nonetheless “plainly unlawful”.
A Home Office spokesperson said residents were staying in safe, Covid-compliant conditions, in line with the law and social-distancing requirements, and were provided with guidance in relation to self-isolation, social distancing and hygiene.
However, a lawyer acting for the 20-year old Iraqi said that while the Home Office assert that the barracks is Covid safe, it is “plainly not given the absence of even the most basic Covid precautions such as hand sanitiser.”
Shadow home secretary Nick Thomas-Symonds has condemned the decision to place asylum seekers in the ex-military facilities, calling for “proper processes for transparency and accountability” in place throughout the immigration system.
Sonia Lenegan, legal director at the Immigration Law Practitioners’ Association, said: “Since the barracks were repurposed as asylum accommodation in September, concerns have been raised about the unsuitability of this accommodation by NGOs, lawyers, medical professionals, the Welsh government, the police as well as the local community.
“It is time for the Home Office to listen to these concerns, close the barracks and move people into safe and appropriate accommodation.”
A Home Office spokesperson told The Pembrokeshire Herald: “As this is an ongoing legal case it would be inappropriate to comment further.”
The case continues.
Business
Cwm Deri Vineyard Martletwy holiday lets plans deferred
CALLS to convert a former vineyard restaurant in rural Pembrokeshire which had been recommended for refusal has been given a breathing space by planners.
In an application recommended for refusal at the December meeting of Pembrokeshire County Council’s planning committee, Barry Cadogan sought permission for a farm diversification and expansion of an existing holiday operation through the conversion of the redundant former Cwm Deri vineyard production base and restaurant to three holiday lets at Oaklea, Martletwy.
It was recommended for refusal on the grounds of the open countryside location being contrary to planning policy and there was no evidence submitted that the application would not increase foul flows and that nutrient neutrality in the Pembrokeshire Marine SAC would be achieved within this catchment.
An officer report said that, while the scheme was suggested as a form of farm diversification, no detail had been provided in the form of a business case.
Speaking at the meeting, agent Andrew Vaughan-Harries of Hayston Developments & Planning Ltd, after the committee had enjoyed a seasonal break for mince pies, said of the recommendation for refusal: “I’m a bit grumpy over this one; the client has done everything right, he has talked with the authority and it’s not in retrospect but has had a negative report from your officers.”

He said the former Cwm Deri vineyard had been a very successful business, with a shop and a restaurant catering for ‘100 covers’ before it closed two three years ago when the original owner relocated to Carmarthenshire.
He said Mr Cadogan then bought the site, farming over 36 acres and running a small campsite of 20 spaces, but didn’t wish to run a café or a wine shop; arguing the “beautiful kitchen” and facilities would easily convert to holiday let use.
He said a “common sense approach” showed a septic tank that could cope with a restaurant of “100 covers” could cope with three holiday lets, describing the nitrates issue as “a red herring”.
He suggested a deferral for further information to be provided by the applicant, adding: “This is a big, missed opportunity if we just kick this out today, there’s a building sitting there not creating any jobs.”
On the ‘open countryside’ argument, he said that while many viewed Martletwy as “a little bit in the sticks” there was already permission for the campsite, and the restaurant, and the Bluestone holiday park and the Wild Lakes water park were roughly a mile or so away.
He said converting the former restaurant would “be an asset to bring it over to tourism,” adding: “We don’t all want to stay in Tenby or the Ty Hotel in Milford Haven.”
While Cllr Nick Neuman felt the nutrients issue could be overcome, Cllr Michael Williams warned the application was “clearly outside policy,” recommending it be refused.
A counter-proposal, by Cllr Tony Wilcox, called for a site visit before any decision was made, the application returning to a future committee; members voting seven to three in favour of that.
Climate
Fishguard ‘battery box’ scheme near school refused
PLANNERS have refused a Pembrokeshire ‘battery box’ electricity storage unit near a Pembrokeshire town school, which has seen local objections including fears of a potential risk to nearby school children.
In an application recommended for approval at the December meeting of Pembrokeshire County Council’s planning committee, AMP Clean Energy sought permission for a micro energy storage project on land at Fishguard Leisure Centre Car Park, near Ysgol Bro Gwaun.
The application had previously been recommended for approval at the November meeting, but a decision was deferred pending a site visit.
The scheme is one of a number of similar applications by AMP, either registered or approved under delegated planning powers by officers.
The battery boxes import electricity from the local electricity network when demand for electricity is low or when there are high levels of renewable energy available, exporting it back during periods of high demand to help address grid reliability issues; each giving the potential to power 200 homes for four hours.
The Fishguard scheme, which has seen objections from the town council and members of the public, was before committee at the request of the local member, Cllr Pat Davies.
Fishguard and Goodwick Town Council objected to the proposal on grounds including visual impact, and the location being near the school.
An officer report said the scheme would be well screened by a Paladin Fence, with a need to be sited close to an existing substation.
Speaking at the December meeting, Ben Wallace of AMP Clean Energy conceded the boxes were “not things of beauty” before addressing previously raised concerns of any potential fire risk, saying that “in the incredibly unlikely” event of a fire, the system would contain it for up to two hours, giving “plenty of time” for it to be extinguished, an alarm immediately sounding, with the fire service raising no concerns.
“These are fundamentally safe, the technology is not new,” he said, comparing them to such batteries in phones and laptops.
One of the three objectors at the meeting raised concerns of the proximity to homes and the school, describing it as “an unsafe, unsustainable and unnecessary location,” with Cllr Jim Morgan of Fishguard Town Council, who had previously raised concerns of the “nightmare scenario” of a fire as children were leaving the school, also voicing similar issues.
Local county councillor Pat Davies, who had spoken at the previous meeting stressing she was not against the technology, just the location and the potential risk to pupils, said the siting would be “a visual intrusion,” with the school having many concerns about the scheme, adding it had been “brought forward without any dialogue of consultation with the school”.
Cllr Davies added: “It is unacceptable that a micro-storage unit should be proposed in this area; someone somewhere has got it wrong.”
Following a lengthy debate, committee chair Cllr Mark Carter proposed going against officers in refusing the scheme; members unanimously refusing the application.
Climate
Fears Sageston wind turbine scheme could affect bats
AN APPLICATION for a wind turbine nearly 250 foot high on the road to Tenby, recommended to be turned down due to a lack of information on how it could affect bats, has been put on hold.
In an application recommended for refusal at the December meeting of Pembrokeshire County Council’s planning committee, Constantine Wind Energy Ltd sought permission for a 76-metre-high wind turbine at Summerton Farm, Sageston.
Back in 2024, an application to replace a current 60.5m high turbine on the site with one up to 90 metres, or just under 300 foot, at the site was refused on the grounds its height and scale would have a detrimental impact on the visual amenity of the locality, with the additional clause of failing to comply with supplementary guidance.
A report for committee members on the latest application says the smaller turbine than previously proposed, representing a 16-metre increase in height from a previously granted turbine “would not be sufficient for it to become an overbearing feature in the landscape,” with no objections from either the Council Landscape Officer or Natural Resources Wales.
However, concerns were raised by the council ecologist that the applicant’s Preliminary Ecological Appraisal Report was incomplete.
“The Council Ecologist questions why the response received in relation to myotis bat records were not included within the initial PEA. As such, he considers that the PEA does not present enough information on the possible presence of bats within the application site area.
“Whilst there may be negligible foraging and commuting potential, there are records of foraging on grassland within two kilometres which have positive identification of myotis bat foraging, along with greater and lesser horseshoe bat foraging. He also notes that the application site is in close proximity to a wooded area.”
It was recommended for refusal on the grounds that appraisal report, and technical note, “do not adequately address the impact of the proposed wind turbine on bat activity in the area”.
At the committee meeting, members heard the scheme had been temporarily withdrawn to deal with issues raised, the application expected to return to a future meeting.
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