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. Reforms to the legal system will support 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.
Within the package of legal reforms detailed in Pillar 1, Action 2 specifically commits to the development and enactment of legislation to accelerate critical infrastructure.
It is envisaged that a Critical Infrastructure Bill will create a legal obligation for State bodies to recognise and accelerate key projects through planning, licensing, and other consenting stages. In addition, the Bill will explore options during drafting for incorporating statutory timelines, positive presumptions, and other measures to reduce procedural delays. This legislation will be accompanied by governance arrangements to maintain and communicate a critical infrastructure projects list and track delivery outcomes.
In parallel with the development of the legislation, I have committed to the creation of an administrative system that will allow Government to designate specific works as critical infrastructure. During the development of this system consideration will be given to the specific projects that might be suitable for designation as critical infrastructure. Any list that may emerge will be subject to Government approval and on passage of a Critical Infrastructure Bill.
By establishing a clear legal basis for prioritisation, it reduces ambiguity and ensures that critical projects and programmes receive coordinated attention across departments, regulators, agencies and the courts. The Bill’s provisions for statutory timelines and streamlined processes will shorten consenting periods and reduce the risk of judicial reviews. It will give a clear articulation of the projects that are in the country’s long-term interests. This clarity will also encourage early engagement and problem-solving, shifting the focus from compliance to delivery.