Key Contacts: Alison Hardiman – Consultant | Alice Whittaker – Partner | Rachel Minch – Partner | Leonora Mullett – Partner |
We have been examining the EU Simplification Agenda in the round and have published a series of notes on different aspects of it in recent weeks. Here, we look at an Irish legislative measure being introduced with the aim of achieving faster authorisation processes for projects deemed to be essential to the effective functioning of the State.
Context
The Accelerating Infrastructure Task Force Report and Action Plan published in December 2025 was drafted by the taskforce established in May 2025 to ‘unblock barriers and accelerate infrastructure delivery’ in support of the new infrastructure division of the Department of Public Expenditure, Infrastructure, Public Service Reform and Digitalisation (DPER).
The Action Plan comprises a list of 30 actions compiled on the basis that all of them must be delivered by government within a short, defined timeframe. This approach of developing a binding action plan, rather than a mere report possibly destined to sit on a shelf, makes the document particularly valuable.
The second action point states:
“Enact Legislation to Accelerate Critical Infrastructure and Provide for Emergency Powers”.
The Action Plan further states that the proposed legislation will be accompanied by governance arrangements to maintain and communicate a critical infrastructure projects list and track delivery outcomes.
Purpose of the Bill
The purpose of the Critical Infrastructure Bill is to assign a priority status to a finite list of nationally important projects. Projects will be voted upon by Cabinet to determine which ones will be included in the list. Qualifying projects will then be required to be prioritised by all relevant statutory bodies in order to achieve shortened consenting timelines where possible.
The Action Plan defines “critical infrastructure” as follows:
“Critical infrastructure, for this purpose, means electricity network, water and transport infrastructure. The report is focused on these areas, as this is the infrastructure that is necessary to support the development of all other social and economic infrastructure right across society.”
The Bill as currently drafted limits ‘projects’ to those the purpose of which is to deliver infrastructure and that are funded by capital investment ‘by or on behalf of the State or by or on behalf of a public body’. Infrastructure is defined as ‘any infrastructure that enables essential facilities and systems of the State to function effectively’ and includes but is not limited to transport, energy and water systems.
Notwithstanding the focus on the energy, transport and water sectors, it is understood that there are currently hospital projects under consideration for inclusion, for instance. It is expected that all projects will be public sector (in line with the definition of projects in the Bill) but that consideration is ongoing as regards inclusion of some renewable energy projects, offshore wind projects in particular. This is an issue attracting significant media commentary and is the subject of ongoing analysis.
It is understood that there will be approximately 20 projects on the list at any one time. Only projects expected to go to planning within ‘a year or two’ are likely to be deemed appropriate. The list will turn over as projects are delivered through the system and others can then be designated in turn.
Section 5 of the Bill sets out the ‘duties of relevant public bodies’ under the Bill and section 6 in turn details the Minister’s power to give directions to those public bodies. The basis for this seems to be to enable DPER to identify where blockages lie in respect of project progress through the consenting process, to highlight that and to require that appropriate action is taken. Specifically, section 6(2) states:
(2) The Minister, having consulted with the relevant Minister, may give a direction in writing to a relevant public body requiring it to adopt such measures as are specified in the direction for the purposes of carrying out its duties under section 5.
And 6(4) follows on:
(4) The relevant public body shall comply with a direction given under this section
These provisions have the potential to be highly effective if utilised strategically. It is important to recall that this focus is much broader than planning, but relate to all stages and components of the project authorisation process.
Climate Considerations
Section 7 of the Bill has attracted significant attention and seems likely to face challenge.
Specifically, section 7 disapplies s.15 of the Climate Action and Low Carbon Development Act 2015, as amended for the purposes of the Critical Infrastructure Bill. Section 15 was the subject of the well known Coolglass litigation and the Supreme Court considered its meaning and implications in their decision of 2026, following on from a much more expansive interpretation afforded by the High Court in 2025.
Section 15 requires that ‘a relevant body shall, insofar as practicable, perform its functions in accordance with’ the most recent approved climate action plan, national long term climate action strategy, national adaptation framework and approved sectoral adaptation plans, the national climate objective and the objective of mitigating greenhouse gas emissions and adapting to the effects of climate change in the State.
It is understood that this disapplication was included within the text in order to minimise the risk of legal challenge to critically important projects on the grounds of failure to comply with this legislative requirement. However the requirements of EU law, specifically safeguarded in section 2 which confirms that the Bill is subject to existing and future EU law, mean that the obligation to consider the climate implications of the project will apply regardless. This obligation is specifically embedded within the EIA Directive and the EU Climate Law, for instance.
Notwithstanding this, one effect of section 7 has been a debate as to whether climate positive projects such a renewable energy projects would in fact benefit from inclusion on the list of critical infrastructure projects. At present, they already fall within the terms of RED III (the renewable energy directive) and therefore within the mandated consenting timelines recently transposed under the transposing Regulations. They also benefit from consideration of climate targets given that their local environmental impacts, if any, must be considered in light of their benefits as it is sought to reduce dependence on fossil fuels. A strategic decision will need to be made in respect of relevant climate positive projects as to whether to seek inclusion on the list of designated critical infrastructure projects.
Conclusion
The content of the Accelerating Infrastructure Task Force Report and Action Plan regarding the delivery of critical infrastructure, including through enactment of the Critical Infrastructure Bill, is specific and practical. It is also noted that additional action points under the Plan strive to identify and remove sequential, overlapping and unnecessarily complex requirements on project developers and that it is hoped that the overall effect will be a more streamlined process overall.
Nonetheless, it remains to be seen what shortened consenting timeframes can be achieved. There is also a risk that this Bill and the projects progressed under it once it is enacted could be the subject of legal challenges arising from the process undertaken – and particularly the approach to climate considerations within the materials underpinning the project application.
On balance, however, it does seem that this Bill captures the drive evident at government level to progress and deliver the water, energy and transport infrastructure so urgently required to unlock housing and energy security. The next step will be for relevant bodies to put forward high quality projects capable to advancing that agenda, noting that they must be well advanced and approaching planning submission in order to qualify.
It is the intention that this Bill, which was published on 8 April 2026, will be enacted before the summer recess. Report Stage amendments are live on the Oireachtas website since 12 May.
Please do not hesitate to reach out to any member of the Philip Lee Planning and Environment team for assistance in relation to this new legislation and the complex legal environment within which it is to be enacted.
