Bill to speed up ‘critical’ projects published
The Government has published a bill that creates new fast-track approval processes for projects designated as ‘critical infrastructure’.
Under the new legislation, every public body will be required to do everything within its power to accelerate approval of any designated projects or programmes.
Under the Critical Infrastructure Bill 2026, the Government will decide what projects or programmes will be designated as critical infrastructure.
Energy, transport, and water prioritised
The Government will make its decision after a recommendation from the Minister for Public Expenditure, and every project will be the subject of an order laid before the Dáil.
The bill specifically identifies infrastructure in the energy, transport, and water sectors as being of priority.
“This bill will make sure that those projects and programmes that the Government designates as critical infrastructure will get speedy and coordinated attention on a whole-of-State basis, cutting timelines and eliminating delays,” said Public Expenditure Minister Jack Chambers.
“These projects and programmes will go to the top of the queue for consideration in every public body and will be fast-tracked path through existing processes without skipping any steps,” he added.
The minister pointed out that section 6 of the bill also gave him the power to direct any public body to adopt measures deemed necessary for compliance with the legislation.
‘Controversial’
Lawyers at McCann FitzGerald say that section 7 is likely to be one of the more controversial aspects of the bill.
This measure proposes to disapply section 15 of the Climate Action and Low Carbon Development Act 2015 in relation to a relevant public body and in respect of the performance of its relevant functions, or in the carrying out of its duties under the bill, or for the purposes of compliance with a direction given to it under section 6 of the bill.
Section 15 of the 2015 act requires a relevant body to, in so far as practicable, perform its functions in a manner consistent with, for example, the most recent approved climate-action plan.
Coolglass case
In an analysis on the firm’s website, McCann FitzGerald says that “one could be forgiven for questioning whether this disapplication is, in fact, required”, after a recent Supreme Court ruling in the Coolglass case.
“However, the disapplication of section 15 of the 2015 act will no doubt, if enacted, become a significant protection for major infrastructure projects in the transport, energy, and water sectors that are designated as critical infrastructure projects, by removing one of the more identifiable grounds for judicial review of planning decisions over the last number of years,” the firm’s lawyers say.
The firm also highlights section 2 of the bill, which says that relevant public bodies must continue to comply with State obligations under EU law, notwithstanding that the need to comply with section 15 of the 2015 act will be disapplied.