Minister Chambers Announces Publication of the Critical Infrastructure Bill

The Minister for Public Expenditure, Infrastructure, Public Service Reform and Digitalisation, Jack Chambers TD today announced publication of the Critical Infrastructure Bill

The Bill creates new fast-track approval processes for critical infrastructure. Under the new legislation, every public body will be required to do everything within its power to accelerate approval of any designated projects/programmes to the maximum extent possible.

Public bodies will also be required to cooperate and to coordinate, prioritise and sequence their duties with other public bodies and to allocate any administrative, technical and decision-making resources necessary for the rapid approval of a project/programme. In practical terms, without eliminating any legal or regulatory safeguards, this Bill will drive much more rapid approval processes for critical infrastructure.

It will be for Government to decide what projects or programmes will be designated as critical infrastructure following the Bill’s passage. Government will make this decision following a recommendation from the Minister for Public Expenditure and every project/programme will be the subject of an order laid before the Dáil.

The Bill specifically identifies critical infrastructure in the energy, transport and water sectors as being of priority. This is the infrastructure necessary to underpin all other development in the State from housing to other economic and social capital investments.

The consideration and development of potential emergency powers remain a priority and are being progressed in parallel with the passage of this legislation.

The Bill forms a central pillar of the Government’s broader infrastructure acceleration agenda, signalling a significant shift toward fast-tracking strategically important projects deemed essential to the State’s economic and social development.

Commenting today, Minister Chambers said:

“I am delighted to announce the approval of the Critical Infrastructure Bill. This opens the way for me to bring this essential piece of legislation into the Oireachtas for urgent consideration.

This Bill will make sure that those projects and programmes that the Government designates as critical infrastructure will get speedy and coordinated attention on a whole-of-State basis, cutting timelines and eliminating delays. These projects and programmes will go to the top of the queue for consideration in every public body and will be fast-tracked path through existing processes without skipping any steps. My Department will monitor the performance of public bodies in implementing this legislation and the legislation also gives me power to direct any public body to adopt measures that I deem may be necessary for compliance with this legislation.

At the same time, my Department’s regulatory simplification unit will continue to work to fundamentally reform the existing regulatory landscape. Together, these measures will address delays across the system and accelerate the delivery of key infrastructure for the people of Ireland.”

Progress on the Acceleration Infrastructure and Action Plan has continued with the issuing of two new circulars in the last week. The first aims to embed Principles for Better Regulation of Critical Infrastructure and marks the completion of Action 11.1. This includes a series of regulatory process reforms that must be implemented by Public Sector Bodies with statutory, regulatory, operational or delivery responsibilities for critical infrastructure that supports housing delivery – namely energy, water and transport.

A second circular establishes a mandatory cross-Government process for the rapid reporting of court decisions that may affect the delivery of critical national infrastructure. This gives effect to Action 6 – Respond Rapidly to Precedent and ensures early identification of judicial decisions that could influence how future infrastructure projects are planned, assessed or delivered.

Under this new process, all Departments and relevant public bodies must monitor court judgments and submit a short report to the Senior Officials Group on Infrastructure and the Office of the Attorney General as soon as possible after a decision issues.

Minister Chambers added:

“I want to see a regulatory regime that is leaner, more responsive and more coherent and these circulars will see Departments and Public Bodies place these concerns to the fore of their day-to-day work. Critically, these actions are part of a broader effort to accelerate delivery of the critical infrastructure that is required to meet the needs of our society and growing economy today and into the future”

ENDS