New laws to fast-track major projects as Government targets ‘serial objectors’
Taoiseach Micheál Martin and Tánaiste Simon Harris at the launch the Accelerating Infrastructure - Report and Action Plan, at the Government Buildings in Dublin. Picture: Brian Lawless/PA Wire
The Government will introduce restrictions on judicial reviews and new laws to fast-track major projects as part of reforms to speed up infrastructure delivery.
Public expenditure minister Jack Chambers said the State faces an infrastructure deficit and that the Government has “become trapped by process at the cost of progress.”
One key element of the plan is the introduction of new restrictions on the use of judicial reviews.
The plan also proposes the use of tests, with courts likely to be asked to consider whether a judicial review would be successful.
Plans are also underway to place judicial reviews on a statutory footing, which would give Government more control over the circumstances in which they can be used.
This would mean judicial reviews could only be taken on the final planning decision of a major infrastructure project rather than against multiple stages.
These changes would be made as part of a new Civil Reform Bill, but it is not expected to be passed into law until mid-2027.
Ahead of this, a new scale of fees will be introduced for environmental judicial reviews, capping costs to the State and other parties.
The Government will also consider limiting judicial reviews to applicants who are likely to be directly impacted by developments.
Speaking at the report launch, Tánaiste Simon Harris criticised what he described as a small number of “serial objectors” to projects.
“There’s a small number, a handful of serial objectors in this country, who are holding back the country’s progress. It’s as simple as,” Mr Harris said.
Mr Harris said the right to access the courts is a “fundamental cornerstone” of Irish democracy, but this needed to be balanced against the public good.
“While people have a right to access the court, what they don’t necessarily have an entitlement to is an open-ended checkbook on behalf of the Exchequer.”
Taoiseach Micheál Martin said the existing planning, legal and regulatory frameworks had become “extremely complex and unwieldy.”
“This has made timely delivery increasingly difficult and in extreme cases has caused important projects to be abandoned,” Mr Martin said.
The plan also commits to introducing a new Critical Infrastructure Bill, which will force major projects through planning, licensing and other stages at an accelerated pace.
Proposals also call for statutory timelines for projects to reduce delays.
It will also provide for emergency powers, allowing the Government to speed up certain critical projects in emergency situations.
Mr Chambers said the goal of this bill is to put major projects “centre stage to accelerate delivery and provide a fast-track pathway.”
On regulations, the Government will establish a new simplification unit to deal with complex laws and rules.
This unit will initially assess whether the existing regulatory process for critical infrastructure projects is “fit for purpose.”
This could include a new single environmental permissions process, described in the report as a “radical reform option.”
Mr Chambers cited duplication and sequential approval processes as delaying factors, saying there would be streamlining to ensure concurrent consents.
Other measures include a mechanism to track court precedents that could affect infrastructure delivery. This will include direct reporting to the Attorney General, with the possibility of a Government response if required.
Ministers were questioned about the possibility of legal cases being taken against these reforms, either in Irish or European courts.
Mr Martin said the Government is not “willingly going into that arena” with its proposals, adding there may not be agreement from groups on what the Coalition is doing.
He said that with reforms to judicial reviews being brought forward, he wanted planning issues dealt with within the planning process rather than in the courts.
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