The Government is considering new emergency laws to designate certain infrastructure projects of “national importance” with the aim of fast-tracking them through development.
The Coalition has blamed a big infrastructure deficit for problems in housing, water, electricity and other areas, with lengthy permit processes, red tape and court challenges identified as barriers to development.
Among the measures now under consideration are the introduction of such emergency laws which would identify projects of national importance and allow some planning or other processes to be bypassed.
Such a step could also see a stipulation that all regulatory authorities must treat a project as a priority, with certain processes sidelined on the basis that it is critical and in the national interest.
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Taoiseach Micheál Martin and Tánaiste Simon Harris have been working on the proposals with Minister for Public Expenditure Jack Chambers and Minister for Finance Paschal Donohoe.
The new policies arise from the work of a taskforce on accelerating infrastructure chaired by Mr Chambers.
Earlier this year, Mr Harris told Fine Gael members that a “new way” to better deliver infrastructure was needed as the current process took too long and was causing problems for the economy and society.
A series of reforms to judicial review are also being considered, including limiting the fees payable by the State in an environmental judicial review, as reported by The Irish Times earlier this summer.
Litigants can claim legal costs back from the State if they succeed in a judicial review challenge against a planning decision. A senior Government source said the Coalition may introduce primary legislation, including critical infrastructure and emergency powers bills.
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Further potential reforms to judicial reviews include a proposal that a court could not grant one if it was considered to be against the public interest, it is understood.
Senior Ministers are expected to discuss the plan at a meeting of the Cabinet subcommittee on infrastructure next month. A senior Government source said the proposals would be considered in the context of what was legally possible and how quickly it can be done.
Fine Gael had targeted a department of infrastructure in its general election manifesto, but the area was instead given extra prominence within the Department of Public Expenditure and Reform.
Coalition figures believe the new rules could help overcome any judicial reviews which might emerge during the consenting process for the MetroLink and other projects – for example to specific stations.
As part of efforts to overhaul how the State delivers infrastructure, the Government has looked at changes made to legislation in the UK, New Zealand, Australia and Canada. In Canada, laws permit the fast-tracking of infrastructure deemed to be of national importance.
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There is unease within the Coalition that the failure to tackle the underlying causes of the housing crisis could damage its political fortunes – as well as prove to be a drag on foreign direct investment, with firms complaining of issues in housing – but also of difficulties in accessing power and water for their facilities.
According to the most recently available minutes of the infrastructure taskforce, which took place in September, the group’s final report is currently being drafted.
