Law Society urges ‘balance’ on infrastructure
The Law Society has said that any changes that may be introduced to the legal system and the judicial-review process should be fair, balanced, and proportionate.
The solicitors’ representative body has welcomed the publication yesterday (3 December) of the Government’s Accelerating Infrastructure Report and Action Plan, which contained proposals aimed at speeding up the delivery of key infrastructure.
The legal reforms in the plan, according to the Government, aim to “restore proportionality” in how judicial reviews affect infrastructure.
Judicial reviews
The report includes a plan to develop legislation to codify the law on judicial review by placing it on a statutory basis.
In the interim, the Government is to immediately commence a part of the Planning and Development Act 2024 that will cap the costs the State will pay in environmental judicial reviews (JRs).
Other proposals include the enactment of a Critical Infrastructure Bill that will create a legal obligation for State bodies to recognise and accelerate key projects through planning, licensing, and other consenting stages.
The Government has also pledged to develop legislation with emergency provisions that will allow it to speed up specific critical infrastructure in emergencies, saying that there are precedents for this at national and EU level.
Access to justice
In a statement, the Law Society said that it recognised the “clear and urgent need” to accelerate the delivery of infrastructure in Ireland.
“We support the Government’s objectives of delivering a strong and stable economy that provides the homes that people need, high-quality public services, and the infrastructure required to sustain a growing society,” it stated.
It added that it welcomed the wide-ranging recommendations outlined in the report that demonstrated the broad collaboration that was needed on the issue.
Noting that the report sought to balance competing rights and responsibilities, the Law Society said that it also showed a commitment to continuing to develop Irish legal, regulatory, and governmental systems in order to protect people’s rights, promote transparency, protect the environment, and ensure that taxpayers’ money was not wasted.
“The Law Society believes that access to justice remains a core democratic principle in any reasonable society and that a robust planning process is good for everyone,” the organisation said.
Independent
“Specifically, when used appropriately, judicial review serves an important role in ensuring accountability within the decision-making processes of public and private bodies.
“There are many examples in recent Irish history where challenging the decisions of the State, or State bodies, has not been popular but has demonstrated that the Irish legal system can deliver justice and is independent of government.
“It is important that any changes that may be introduced to the legal system and judicial-review process are fair, balanced, and proportionate,” the Law Society concluded, adding that it would study the report in more detail and looked forward to engaging with the Government.