'Excessive' frequency of judicial reviews blocking delivery of housing infrastructure, says Taoiseach

'The frequency of judicial reviews is excessive right now', Micheál Martin said

08.10.2025.

The "excessive" frequency of judicial reviews taking place in Ireland is "undermining the common good" and blocking the delivery of key housing infrastructure, the Taoiseach has said.

Speaking at the Royal Institute of the Architects of Ireland (RIAI) conference, Micheál Martin said Ireland was an "outlier" within the EU in terms of opposition to how the "judicial arena" is used "to the detriment of the development of housing in towns and cities".

The topic of judicial reviews blocking the delivery of housing/infrastructure was one of the main topics of discussion at this evening’s cabinet committee on housing. The Attorney General (AG) attended the committee on Thursday, after being invited to discuss the legal challenge to new apartment planning standards. 

The meeting was told that there would be a robust defence of the State’s case, and the AG was encouraged by the Taoiseach to defend the case as strongly as possible.

“The interplay between the public good and individual rights is a core issue right now. In the design of legislation, we have to focus more on the public good and we have to ensure that the public good wins out," the Taoiseach told those gathered at the RIAI conference.

What I would argue is, in terms of individual rights or preferences, we have to work extremely hard to ensure there is a balance that allows the public good to come through in the end and in reasonable time.

Mr Martin said he had no issue with people having "problems or objections with particular developments, that’s all legitimate, of course".

"But there comes a stage where we need to make sure we have a sense of perspective in terms of our own individual ideas and opinions versus what society needs.

"The frequency of judicial reviews is excessive right now and in my view, it’s undermining the common good," he said. 

The Taoiseach said he understands there is balance to be struck "in terms of individual rights and the common good, but I do genuinely believe that as a country, we are an outlier now in terms of how the judicial arena is being used far more extensively now than it would have been, or indeed than in other jurisdictions, to the detriment of the development of housing in towns and cities".

The investment is not the issue — we have very significant investment, delivery itself will be the issue.

Last month, justice minister Jim O'Callaghan signalled that he is going to legislate to tighten the judicial review process.

Speaking at the annual commemoration of the War of Independence and Civil War leader, Liam Lynch, in Kilcrumper last month, Mr O'Callaghan suggested this alteration of the judicial review process would ensure applicants "have an actual interest in the process" rather than undertaking action to fit "their own agenda".

"The laws of our Republic must serve our people, not act as barriers to their progress," he said.

"The challenges the State faces today in the delivery of housing and infrastructure are being compounded by the utilisation of our laws in certain circumstances to delay, obfuscate, and undermine the efficient delivery of vital projects which would benefit our communities and the common good as a whole".