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CABINET TODAY IS expected to sign off on a number of proposals aimed at speeding up the delivery of homes and large infrastructure projects.
Minister for Public Expenditure Jack Chambers will outline a plan, which contains specific actions on emergency legislation to fast tract key projects (such as housing, roads, water treatment plans, energy sub stations and hospitals) through the planning and approcal system.
Chambers’s plan (the Accelerating Infrastructure Action Plan) also contains measures to reform judicial reviews.
It comes as the number of judicial review cases taken in the last year increase by 43% and a further 30% this year.
Chambers will inform Cabinet that there are currently more than 130 judicial reviews before the courts.
Minister for Climate, Environment and Energy, Darragh O’Brien will also bring a proposal to Government today to progress with a public consultation on capping the cost that can be recovered by a person or entity who takes a judicial review on environmental grounds.
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.
The plans being progressed by O’Brien aim to reduce the cost incurred by the State when judicial reviews are taken by introducing a scale of fees to successful applicants for enviornmental judicial reviews.
The Government says the aim is not to limit the number of judicial reviews or constrain the right of individuals or communities to challenge decisions.
The introduction of a scale of fees is provided for in the Planning and Development Act 2024.
Separate scales of legal fee are proposed for standard, complex and very complex cases.
While the government argues that these reforms are needed to reduce barrier in delivering infrastructure, others have queried the legality of some proposals.
Environmental lawyer Fred Logue said the proposals around cost capping are arguably contrary to EU law and “are going to be challenged”.
He argued that making it more expensive to go to court is “not a good filter” to reduce the number of judicial reviews.
It comes as Minister Chambers hit out at some people who have taken judicial reviews in recent times, arguing that they are being “weaponised” against the public good.
The reforms have been described by some in government as “among the most ambitious ever put forward”.
A sourced added that when implemented they would bring about a “complete reset” in how big capital projects are delivered in Ireland.
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