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Housing, Water, Investment Held Up in Court – Cooney

Clare Fine Gael TD Joe Cooney has raised serious concerns about the delays affecting major infrastructure projects, citing the current judicial review process as a significant barrier to progress.

In a Parliamentary Question, Deputy Cooney has called on the Minister for Justice, Home Affairs and Migration to undertake a comprehensive review of the judicial review system and its impact on critical developments.

Judicial review is a High Court procedure that allows individuals to challenge the legality and fairness of decisions made by public bodies. It is not an appeal of the decision itself, but a mechanism to ensure accountability and adherence to the law.

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Deputy Cooney highlighted that essential projects, such as wastewater infrastructure upgrades, housing schemes, road projects, and other large-scale developments, are being held up for extended periods due to legal challenges under the current system. He warned that these delays are undermining potential investment in rural Ireland and the country’s ability to meet urgent needs in housing, and wastewater and water supplies.

“Our communities are being left behind while vital infrastructure is stalled,” said Deputy Cooney. “We need a judicial review process that protects citizens’ rights but also enables timely and lawful delivery of projects that are essential to our future.”

In response, the Minister for Justice confirmed that the Government has approved the drafting of a Civil Reform Bill, which will codify judicial review law and introduce reforms aimed at streamlining the process. The Bill is a key implementation measure of the Kelly Report on the Administration of Civil Justice.

Clare Fine Gael TD Joe Cooney

The Minister stated, “Given the significant challenges currently facing our State in terms of housing shortages, energy deficits, inadequate water supplies and climate change, all of which are exacerbated by the demands of a rising population, we can no longer delay on reform of the judicial review system. I am confident that the Bill will remove weaknesses in the current law, eliminate impediments to progress and deliver reform for the public benefit. I am also confident that measures in the Bill preserve the right of the citizen to ensure that public bodies act lawfully and are accountable for their decisions.”

Deputy Cooney welcomed the Minister’s commitment but urged that the review be conducted with urgency and in close consultation with stakeholders, including local authorities and developers.

“This is about striking the right balance,” Cooney added. “We must uphold the rule of law while ensuring that Ireland can build the infrastructure it desperately needs, efficiently, fairly, and without unnecessary obstruction.”

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