Critical Infrastructure Bill 2026: Committee and Remaining Stages
Seanad Éireann — 2026-06-16
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Jack Chambers (FF), Dublin West

I am not accepting these amendments. The draft legislation outlines the process by which individual projects or programmes will be designated as critical infrastructure. While I and future Ministers for public expenditure will make recommendations to Government regarding projects that may be designated, no project or programme will be eligible for the fast-track process set out in the Bill without a Government decision. In addition, as part of the designation process there is a mechanism in place allowing Dáil Éireann to overturn any Government decision to designate a given project or programme. These safeguards place significant checks and balances on the process. Although I anticipate that only a limited number of projects or programmes will be designated, requiring positive approval from both the Dáil and the Seanad for each and every designation could potentially add an additional unnecessary layer of uncertainty to the infrastructure development process. I consider it disproportionate to require every designation order to obtain the approval from both Houses.
The primary aim of the legislation is to speed up delivery of critical infrastructure in line with the action plan we published last year. When we are putting in place a framework to support this acceleration, it is important we do not add procedures and processes to the mix that actually end up costing us time through potential delays. I am of the view that providing Dáil Éireann with the option of overturning any proposed designation order is a more proportionate means of providing the necessary accountability.
Section 3 of the Bill sets out the clear decision-making process to be used for the designation. It provides that the Minister for public expenditure may recommend to the Government that a project or programme be designated as critical infrastructure. The Government may then decide to make the appropriate order and the Dáil has 21 sitting days to consider whether to annul that order. The legislation also sets out the criteria the Minister must consider when making such a recommendation. These include the need to ensure the effective and efficient delivery of the project or programme; whether delays, disruptions or a failure to deliver could have adverse economic or social consequences for the State; the extent to which the project or programme may positively or negatively impact the delivery of other projects or programmes; its alignment with the national development plan; and any other infrastructure-related matters the Minister considers appropriate.
My role will be to apply a level of constraint on the number of projects designated so that prioritisation and acceleration can be achieved for critical infrastructure. If too many projects are designated the system will not be able to respond in a manner that accelerates decision-making. It is important that we do not flood the system with designated projects. Following my recommendation, the Government will decide whether a project should be designated and will be fully accountable to the Oireachtas, as we are with everything else in the normal course of parliamentary oversight and the issue of how a particular project or programme is chosen for designation.
Given that the criteria for designation and the associated decision-making processes are clearly defined in law with accompanying checks and balances, I do not believe it is necessary or proportionate to legislate for a report to be laid before the Oireachtas setting out the specific decision-making process applied in each individual designation.
We have critical delays across many areas. I was not willing to spend a period of months going through the Oireachtas in the context of pre-legislative scrutiny. This Bill is very clear in its legislative intent. I think there is consensus on the absolute need to drive and improve delivery and acceleration with greater all-of-state co-ordination in ensuring that water, energy, transport and other infrastructure projects, which Members all care about, are delivered in a much quicker way. That is the single direction intent and I think it is complicating it with pre-legislative scrutiny in the context of serious delays and the need to accelerate delivery. I welcome the fact that the committee decided to waive pre-legislative scrutiny in that instance. I have set out the reasons for not accepting these amendments.

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Record URI: https://data.oireachtas.ie/akn/ie/debateRecord/seanad/2026-06-16/debate/main
Retrieved: 2026-08-14T04:55:03+00:00
Sitting date: 2026-06-16