Infrastructure Taskforce Chairman Sean O’Driscoll has called for a rollback of “gold-plated” environmental laws that he claims have been “weaponised” against major infrastructure projects. O’Driscoll argues that excessive environmental screening and regulations allow serial objectors to stall essential energy, water, and transport schemes, necessitating a reduction in measures that exceed European directives.
Why is the Infrastructure Taskforce calling for a rollback of environmental laws?
Sean O’Driscoll stated that while much of the current climate legislation was well-intentioned, the resulting regulations have become too expansive. He noted that the extensive nature of these laws has provided “rope for serial objectors to just tie the whole system up in knots.”
According to O’Driscoll, the current regulatory framework often goes significantly beyond necessary standards. While he confirmed that all European directives will be adhered to, he argued that the state has gone “way, way in excess” of those requirements. He specifically pointed to environmental-impact assessments as a primary area where the system has moved to extremes.
How do environmental screening levels compare across Europe?
Data cited by O’Driscoll reveals a significant disparity between the number of environmental screenings conducted in the state compared to other European nations. These figures highlight the scale of the administrative burden currently facing the planning system.
- The State: 237 screenings in 2022
- Germany: 217 screenings
- Denmark: 8 screenings
In 2022, the number of environmental-impact assessments in the state was nearly 30 times higher than the number recorded in Denmark.
What new legal protections are being introduced for state projects?
Recent legislative changes are aimed at accelerating the delivery of critical infrastructure. O’Driscoll welcomed the large Dáil majority that recently enacted new critical infrastructure planning laws. This legislation is designed to move designated State projects to the front of the planning queue.
Under this new law, certain projects are granted exemptions from specific Climate Act measures. These exemptions apply to requirements that compel public bodies to perform their functions in a manner consistent with national climate goals, provided such compliance is not “practicable.”
Additionally, O’Driscoll noted that new caps on the legal fees that litigants can claim in environmental cases are already having an effect. He cited a reduction in new judicial review cases against An Coimisiún Pleanála as evidence that these cost-related measures are working to decrease legal delays.
Why are local authorities and utilities still facing criticism?
Despite progress at the national level, the Infrastructure Taskforce identifies significant friction within local government and utility management. O’Driscoll stated that a “complete lack of standardisation” exists regarding planning applications, statutory timelines, and general planning processes across different local authorities.
The Taskforce also highlighted specific bottlenecks in the renewable energy sector. O’Driscoll reported that developers are frequently being told they cannot secure connections to the grid or existing networks, often without clear or consistent reasoning.
The Taskforce, which is tasked with developing a master plan to unblock energy, water, and transport projects, intends to hold local authorities, utilities, and regulators accountable for these operational inefficiencies. O’Driscoll praised the Departments of Public Expenditure, Housing, and the Attorney General for their work on the master plan, which remains on schedule.
Monitor updates regarding the Infrastructure Taskforce’s master plan, as it is designed to specifically target the unblocking of energy and transport projects through increased accountability for regulators.
Frequently Asked Questions
What are “gold-plated” environmental laws?
This term refers to environmental regulations that go significantly beyond the requirements set by European Union directives.
How does the new planning law help infrastructure projects?
The law brings designated State projects to the front of the planning queue and provides exemptions from certain Climate Act requirements where they are not practicable.
Are judicial reviews decreasing?
O’Driscoll indicated that new caps on legal fees for litigants in environmental cases have contributed to a reduction in judicial reviews against An Coimisiún Pleanála.
What is the main issue with renewable energy connections?
According to the Infrastructure Taskforce, developers are facing difficulties securing connections to the grid and networks due to inconsistent reasoning from providers.
What do you think about the proposed changes to environmental screening? Should infrastructure be prioritized over strict climate compliance? Let us know in the comments below or subscribe to our newsletter for more industry updates.
