Critical Infrastructure Bill 2026: Second Stage
Seanad Éireann — 2026-05-20
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Jack Chambers (FF), Dublin West

I am pleased to be here this afternoon and to have the opportunity to present the Critical Infrastructure Bill to Seanad Éireann following its passing through the Dáil. I acknowledge the support that the Bill has received from the vast majority of parties in the Dáil and I look forward to hearing the contributions of Senators this afternoon.
This Bill short - it has ten sections - but its length belies the potential it will release into the system to speed up the delivery of critical infrastructure in the State.
What we are trying to do in bringing forward this legislation is to provide the statutory basis for the acceleration of decision-making around those projects and programmes that are considered to be critical infrastructure. The objective is to provide a clear signal and direction to the whole system that the projects and programmes that are designated as critical infrastructure under this Bill represent the country's key priorities and that the expectation is that all reasonable steps will be taken by public bodies, both individually and collectively, to move these projects and programmes forward as quickly as possible.
It is intended that the focus will be on a small number of projects and programmes in the realms of transport, water and electricity infrastructure. These are the projects that release the potential for the delivery of all other infrastructure, whether economic or social.
The Bill forms a key 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. It is worth noting, however, that the Bill is just one element of the Government's overall plan to accelerate infrastructure. The report published last December sets out a series of 30 actions and related sub-actions under four key areas to speed up the delivery of critical infrastructure. Most of these actions are to be delivered in 2026 with my Department taking the lead. Each action has a clear timeline for delivery and key performance indicators, KPIs, to assess its delivery and its impact on improved infrastructure.
Turning to the specifics of the Critical Infrastructure Bill, I will now outline the various provisions in the Bill and explain the key features of each section.
Section 1 of the Bill is the interpretation. It addresses the definitions of some of the key terms used in the Bill. In this section, the Bill provides that "infrastructure" is anything that enables the essential facilities and systems of the State to function effectively and includes, but is not limited to, transport facilities, including ports and airports, and transport systems, including roads and railways; energy generation, transmission and distribution systems; and water supply, wastewater and waste management systems. It defines a "project" as something the purpose of which is the delivery of infrastructure, and is funded by capital investment, by or on behalf of the State or by or on behalf of a public body. A "programme" is a collection of two or more projects that are intended to achieve a common purpose. It is worth noting the limitation of this definition to by or on behalf of the State or a public body. This demonstrates that the Bill is solely targeted at State infrastructure. This section also defines an "authorisation” as an award, approval, decision, licence, consent, permit or other authority required, granted or made, by or under an enactment or otherwise, to enable a project or programme to proceed, in whole or in part.
Section 2 notes that nothing in this Bill will affect existing or future obligations of the State under European Union law or existing or future entitlements of the State or any person under European law. This is included to demonstrate that the Bill will not interfere in any way with our EU commitments, whether these are on our climate change targets or environmental protection more broadly.
Section 3 of the Bill deals with how projects or programmes will be designated as critical infrastructure. In summary, the Minister for public expenditure will make a recommendation to the Government in respect of an individual project or programme. The Government will consider the recommendation and, if approved, an order designating a project or programme as critical infrastructure will be laid before the Dáil. This section also lists those factors that the Minister for public expenditure may have regard to in making a recommendation to the Government. It also provides for democratic accountability by allowing the Dáil to annul any order laid before it designating a project or programme.
I intend to commence the process of identifying projects and programmes for recommendation to Government after the Critical Infrastructure Bill is enacted. My focus will be on recommending those projects or programmes that facilitate critical infrastructure across the energy, transport and water sectors with a particular focus on infrastructure that will support housing but the legislation does not preclude other infrastructure types being designated.
Section 4 of the Bill defines who the legislation will apply to and what their relevant functions are. It is intended to capture all public bodies that have a role in the authorisation of critical infrastructure projects or programmes and defines their functions as being those functions that relate to critical infrastructure.
Central to the Bill is section 5, which sets out the six core duties that relevant public bodies will be required to carry out in respect of critical infrastructure. Public bodies will be required to prioritise any functions they must perform in relation to designated critical infrastructure projects or programmes above their other duties. They must also take the necessary steps to accelerate their consideration of the designated project or programme and avoid any undue delays.
Relevant public bodies must also reduce the time required for any decision in relation to a project or programme and make every effort to parallel its processes with the authorisations that may be required by other public bodies. Next, they are required to co-ordinate, prioritise and sequence their functions with any other public bodies and to manage risks and constraints. Finally, a public body must allocate its resources appropriately to fulfil its duties under this legislation.
An important point to emphasise is that this Bill does not seek to determine or influence the decisions that public bodies will ultimately reach. Instead, it provides the framework for the Government to signal the small number of projects or programmes that are considered most vital to the public interest and mandates that public bodies need to accelerate their decision-making processes with regard to these projects and programmes.
Section 6 of the Bill allows the Minister for public expenditure to issue directions to any relevant public bodies. This is an important safeguard that will allow me or any subsequent successor to intervene in circumstances where a public body is not effectively implementing this legislation. It is unlikely that this power will be exercised frequently but if it is exercised, it will only be a direction for the purposes of the public body carrying out its functions under section 5. I cannot use a direction to circumvent other legislation or to determine a decision. In addition, I am required to consult with the Minister responsible for the public body in question before any directions are issued. These directions may require the provision of information on the measures that the public body has adopted and the outcome of these actions. The provision also allows for a direction to be issued requiring a public body to adopt such measures as may be deemed necessary for the purposes of carrying out its duties.
Section 7 disapplies section 15 of the Climate Action and Low Carbon Development Act from designated projects and programmes. I do not make this change lightly. Section 15 of the climate Act and the courts' recent interpretation of this section, effectively establishes an extra barrier to infrastructure by creating a new avenue for judicial review. This avenue is whether a public body has had adequate regard to a range of climate policies and strategies in its consideration of any development proposal. Leaving it to the courts to determine whether every public body in the approval process has had sufficient regard to the climate characteristics of each individual infrastructure development is a departure from the intended operation of the climate Act where emissions targets are to achieved at a sectoral level. Removing the application of section 15 to the duties of public bodies in relation to designated projects or programmes will, I believe, lead to a better balance in decision-making that will lead to accelerated infrastructure while preserving the rights of the public to access the courts on the legality of the decisions of public bodies.
Section 8 provides for the power for the Minister for public expenditure to prescribe a person or body to be a public body for the purposes of the legislation. The rationale for this provision is to make sure that additional public bodies can be prescribed in the event of any other legal change that might mean a body has a function in relation to a designated project or programme but is not captured within the definitions already applied.
Section 9 is a standard provision that allows for any expenses incurred in the administration of this Bill when enacted to be paid out of moneys provided by the Oireachtas.
Finally, section 10 deals with the Short Title and commencement of the Act. I plan to commence the Act as soon as is practicable after the approval of the Oireachtas and its signature by the President.
I referred to this Bill in the Dáil as ambitious, and it is. We need to be ambitious in our reforms if we are to address this country's infrastructure deficit.
We need to use all the tools at our disposal to drive the system of delivery forward. We need to implement all 30 actions identified in the Accelerating Infrastructure Report and Action Plan, mitigating the 12 barriers to infrastructure delivery identified through my Department’s extensive stakeholder engagement. Only by moving together across all fronts can the required scale of transformation be achieved. The Bill represents the fulfilment of one of the key early actions set out in the plan and will provide the necessary framework for the transformation of the delivery of those projects and programmes that are designated as critical to the social and economic development of the State. I look forward to engaging with the House as we debate this key legislation in the coming weeks. I commend the Bill to the House.

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Source: Houses of the Oireachtas. Licensed under CC BY 4.0 (https://creativecommons.org/licenses/by/4.0/). The Official Report is revised after first publication; the fetch timestamp below identifies the version quoted.

Record URI: https://data.oireachtas.ie/akn/ie/debateRecord/seanad/2026-05-20/debate/main
Retrieved: 2026-08-14T04:54:58+00:00
Sitting date: 2026-05-20