Challenges against major projects go against common good, says Taoiseach 

Enterprise minister Peter Burke, Taoiseach Micheál Martin, and Tánaiste Simon Harris at Government Buildings for the launch of the action plan on competitiveness and productivity. Picture: Sam Boal/Collins 

Judicial reviews taken against major infrastructure projects are “unfairly and unduly” jeopardising the common good, the Taoiseach has said.

Micheál Martin criticised the use of judicial reviews as the Government published its new report on competitiveness and productivity, citing a review against the Dublin drainage scheme taken in recent weeks.

“[It’s a] classic case where the common good is being, in my view, unfairly and unduly jeopardised by the judicial review. That’s my view and it’s a very strong view.

Governments don’t come forward with infrastructure developments for the sake of it, we do it to benefit the population at large ... People have rights under the Constitution, but there has to be balance. 

His comments come amid expectations that justice minister Jim O’Callaghan will bring forward new legislation to significantly change the judicial review process.

The proposed legislation will “rebalance” what courts must consider in any judicial review, including a stronger focus on public interest and whether errors in an application was material in a decision made.

A source said this would reduce the number of judicial reviews being made on a “purely technical basis”.

Applicants for judicial reviews will also be required to show they have a “substantial interest” in the subject matter of the review being taken.

It comes as the Government launched its latest action plan for competitiveness and productivity, with proposals for regulatory reforms and to cut red tape.

However, Mr Martin said he would not use the phrase “quango cull” as it was overly simplistic.

I do support simplification of regulation where we can simplify or reduce. 

He said there were some regulators where the Government could not amalgamate them together, including the Irish Aviation Authority.

“I think we have to go through it body by body.”

He questioned whether some regulations were necessary to have, while also looking at Ireland’s “gold-plating” of EU regulations.

He also said there should be engagement with the European Commission on the matter, and floated the possibility of directly legislating for major infrastructure projects.

“I think more has to be done, and what you could see in time is bespoke legislation on specific projects so the Government asserts its positions in getting fundamental projects,” Mr Martin said.

“Water is fundamental, energy is now fundamental as well in terms of independence, security around energy supply into the future, and competitiveness.”

“These go to the very core of the balance between private rights and societal rights and I think we can’t shrink from that debate.”

He mentioned the Dublin drainage project, saying its delay would have an adverse effect on housing.

Other proposals include a new “red tape challenge” across government departments to “significantly reduce regulation for SMEs”.

This is expected to include a review by all government departments to identify regulations which can be “removed or reduced” without impacting on policy objectives.

It also calls for the expediting of a new bill to place timelines on decisions by the Environmental Protection Agency, particularly surrounding environmental impact assessments.