Last week Government published the Accelerating Infrastructure Report and Action Plan. This sets out 30 high-impact reforms targeted at the most significant barriers to the delivery of critical infrastructure. The actions contained in the report are grouped into four pillars.
Pillar 1 focuses on Legal Reform. While Ireland’s legal system is widely considered to be effective and fair, current regulatory and legal processes are acting as significant barriers to the timely delivery of infrastructure. In particular, the number of judicial reviews continues to rise, increasing by 43% in 2024 compared to 2023. Judicial review is vital tool for transparency and accountability, but growing administrative complexity means these challenges increasingly delay critical infrastructure projects, imposing real costs on taxpayers and society.
Reforms to the legal system will give better balance towards the common good by addressing the incentives that drive a disproportionate reliance on the courts. These reforms will reduce incentives for excessive litigation, clarify rules on standing and remedies, and introduce fast-track pathways for nationally significant projects that are in the common good through the development of new legislation.
Specifically, in relation to the reform of judicial review, the following actions are planned:
Introducing secondary legislation to implement a scale of fees and capping costs for environmental planning judicial reviews as per Part 9 of the Planning and Development Act.
Implementing the process and procedural enhancements outlined in Chapter 1 of Part 9 of the Planning and Development Act 2024.
Investigating and introducing further reforms, including:
• Commencing new standing requirements under the Planning and Development Act 2024,
• Reviewing fee structures, including “no foal, no fee”, and examining own-costs rules, and
• Reforming court procedures to allow expedited hearings.
Introducing additional legislation as required to give effect to agreed reforms, and
Monitoring the impact of these changes and recommending further improvements where necessary.
These changes will ensure that the legal system continues to safeguard rights but does so without becoming a bottleneck for progress, enabling critical infrastructure to proceed with greater certainty and pace.