Ministers will next week discuss plans for emergency planning powers which would enable the Government to bypass existing planning laws and requirements for critical national infrastructure projects.
The plans, drawn up by the Department of Public Expenditure, will be examined by the Cabinet Committee on Infrastructure next week and are expected to be published by the Government at the end of November.
It is intended that emergency legislation will then be rushed through the Oireachtas so that the new laws and procedures will be in operation next year.
It is expected that the package of reforms will include changes to the rules governing judicial review – a type of court case which challenges administrative decisions such as planning permission and often results in long delays for infrastructure projects.
RM Block
Among the changes likely to be proposed is the requirement for unsuccessful judicial review applicants to pay for at least some of their own costs, rather than having the State pay them.
This is intended to discourage judicial reviews, which have in the past held up big projects for years.
There is increasing awareness in the Coalition of public frustration at the pace of delivery on large projects and on housing, something that has also found its way into backbench criticism by Fianna Fáil TDs of the Taoiseach Micheál Martin.
Since the overwhelming victory of Catherine Connolly in the presidential election last weekend, there is a sense in Government of a need to change the political context – with a new focus on practical policies.
These feelings were heightened this weekend when an essay by Stripe co-founder John Collison in last week’s Irish Times, which was critical of the Government’s record on delivering infrastructure, was extensively circulated throughout Government circles and the wider political system.
[ John Collison’s critique of Ireland’s failures stirs Coalition debateOpens in new window ]
Political figures say there is a growing realisation in Government that its political fortunes are closely tied to increasing the number of homes built, something which in turn is linked to rapid provision of infrastructure, especially in the areas of transport, power and water.
[ The Government is about to take on the judicial review industry. It needs to winOpens in new window ]
The package of reforms will be discussed by Ministers next week before being finalised by the end of the month. It is the result of months of work by a taskforce on accelerating infrastructure which includes a number of senior officials, the heads of utilities such as Uisce Éireann, ESB Networks and the Land Development Agency, and private sector figures including Sean O’Driscoll (formerly of Glen Dimplex) and Feargal O’Rourke, the chairman of the IDA.
A number of necessary legislative changes have been identified, which may require several bills, including a critical infrastructure bill and an emergency powers bill. Changes to the rules governing judicial reviews could perhaps be dealt with via secondary legislation, the group has been told.
However, it is also possible that an omnibus bill could be introduced with a diverse package of reforms, though senior sources worry about the amount of time required to secure passage of a wide-ranging bill. Sources say speed is of the essence in implementing the reforms so that they are felt at ground level.
Changes to how regulatory bodies function, with suggestions for speeding up the process, are also said to be on the cards.
The group is also likely to produce an action plan, providing a roadmap towards achieving the changes desired, accountability for each action, and a timeline for completion.
