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THE GOVERNMENT’S LEGISLATION to restrict judicial reviews is set to impact people seeking to bring legal challenges in areas that have “nothing to do with planning and infrastructure”, such as social welfare and education, according to the Free Legal Advice Centre (Flac).
The human rights group will tell TDs later today that it has “serious concerns” about the legislation, which the Government has pinned its hopes to for clearing the way to try and speed up the development of major projects.
Judicial reviews are cases taken by citizens or groups to the High Court. In recent years, such cases have been used to challenge decisions made by An Bord Pleanála on large-scale property developments around the country.
Under the reforms, there will be stricter time limits and restrictions around who can take a judicial review.
Deputies on the Oireachtas Committee on Justice are hearing pre-legislative scrutiny of the General Scheme of the Civil Reform Bill 2025 when it meets later this afternoon.
In Flac’s opening statement – titled ‘Don’t Shoot JR!’ – its chief executive Eilis Barry will point to the landmark case of John O’Meara who took a court challenge to acquire entitlements to the widower’s pension after his partner of 20 years had died.
But if the new legislation is implemented in its current form, the Tipperary man’s challenge would be “exactly the type of case which would be blocked” under the proposed legislation, according to Barry.
The legislation would also create “significant barriers” in other notable Flac cases, such as those taken on behalf of families refused access to the July Provision scheme in schools.
Flac will further argue that – in its experience representing homeless families and disabled children – the reason for many judicial review cases is “poor-quality decision-making by public bodies and the lack of an alternative meaningful way” to make an appeal.
“If the General Scheme is implemented,” Barry will outline, “it is very likely that it will be extremely difficult, if not impossible, for the average person to challenge unlawful actions in any case that is complex or is without precedent – in that it involves a new point of law or public interest.”
While Flac would welcome any court reforms that improve accessibility, efficiency and reduce delays, it believes the Government’s reforms “should not proceed”.
The Government has been increasingly critical of people taking judicial reviews against large infrastructure projects, with Taoiseach Michéal Martin claiming last year the challenges are “killing us” when it comes to building major infrastructure in Ireland.
Last November, the Government signed off on plans to speed up the delivery of infrastructure projects which were held up in the judicial review process.
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