knowledge 9 April 2026 |

Publication of the Critical Infrastructure Bill 2026

The Bill’s focus is on infrastructure that enables essential facilities and systems of the State to function effectively, including (but not limited to) (i) transport facilities, (ii) energy generation, transmission and distribution systems, and (iii) water supply, wastewater and waste management systems.

The Bill will apply to projects the purpose of which is the delivery of infrastructure, (i) that are funded by capital investment by or on behalf of the State or by or on behalf of a public body, and (ii) which have been designated as “critical infrastructure projects”.  The Bill will also apply to programmes comprising two or more projects that are intended to achieve a common purpose in the delivery of infrastructure, and which similarly have been designated as “critical infrastructure programmes”.

Designation

Following consideration by Government of a recommendation made by the Minister for Public Expenditure, Infrastructure, Public Service Reform and Digitalisation (the “Minister”), the Government may by order designate a project or programme as a “critical infrastructure project” or a “critical infrastructure programme” as the case may be.  Such a designation order must be laid before Dáil Éireann as soon as may be after it is made, and the Bill also provides for a mechanism for the annulment of the order where a resolution is passed by Dáil Éireann within the next 21 days on which Dáil Éireann has sat after the order is laid before it.

Duties of relevant public bodies

Where a designation order is made, a public body which performs functions in relation to a critical infrastructure project or critical infrastructure programme (referred to as a ‘relevant public body’ and the functions referred to as ‘relevant functions’) is required to:

•  prioritise the performance of its relevant functions (i.e. any of its functions which relate to critical infrastructure projects and critical infrastructure programmes) over the performance of its other statutory functions,
•  take all necessary steps in the performance of its relevant functions to act in an expeditious manner and to avoid undue delays in the delivery of a critical infrastructure project or critical infrastructure programme,
• ensure that it takes such steps as are necessary and appropriate to reduce the time required for its authorisation processes (i.e. any processes required to enable a project or programme to proceed, in whole or in part),
• in so far as practicable, activate and advance the performance of its relevant functions at the same time as other relevant public bodies are progressing relevant functions,
• co-operate with other relevant public bodies for the purposes of coordinating, prioritising and sequencing the performance of their respective relevant functions and identifying and managing any risks, constraints and dependencies,
• allocate, as appropriate, administrative, technical and decision-making resources to facilitate the carrying out by it of its duties listed above.

Ministerial oversight

The Bill includes provision for the Minister to request from a relevant public body information, assessments, reports or analyses in relation to the carrying out by the relevant public body of its duties under the Bill or the performances of its relevant functions (in relation to critical infrastructure projects and programmes), and the relevant public body is required to comply with any such request.  Further the Minister is empowered to give a direction under section 6 of the Bill, requiring the preparation and submission of a report, or requiring the adoption of such measures as are specified in the direction for the purposes of carrying out its duties under the Bill (referred to above).

Climate

In likely one of the more controversial aspects of the Bill, section 7 of the Bill proposes to disapply section 15 of the Climate Action and Low Carbon Development Act 2015 (as amended) (the “2015 Act”) in relation to a relevant public body and in respect of the performance of its relevant functions, or in the carrying out of its duties under the Bill (referred to above) or for the purposes of compliance with a direction given to it under section 6 of the Bill. 

Section 15 of the 2015 Act requires a relevant body to, in so far as practicable, perform its functions in a manner consistent with, for example, the most recent approved climate action plan.  On 4 February 2026 the Supreme Court in Coolglass v An Coimisiún Pleanála considered the correct interpretation of section 15 of the 2015 Act.  The Supreme Court found that when assessing compliance with section 15(1) of the 2015 Act, the question is whether the performance of those functions by the relevant body fell within the spectrum of possible outcomes that could be said to be consistent, in so far as is practicable, with the objectives of section 15. 

Following the Supreme Court’s decision in Coolglass and its subsequent application by the High Court, one could be forgiven for questioning whether this disapplication is in fact required.  However, the disapplication of section 15 of the 2015 Act will no doubt, if enacted, become a significant protection for major infrastructure projects in the transport, energy and water sectors which are designated as critical infrastructure projects, by removing one of the more identifiable grounds for judicial review of planning decisions over the last number of years.

Operation of the Bill and interaction with European Law

While section 7 disapplies section 15 of the 2015 Act, somewhat incongruously section 2 of the Bill confirms that nothing in the Bill will operate to affect the existing or future obligations of the State under EU law, an enactment that gives effect to any such obligation, or existing or future entitlements of the State or any person under the said law or any such enactment.  Therefore, relevant public bodies (in the performance of their relevant functions) must continue to comply with State obligations under EU law (including future obligations), notwithstanding that the need to comply with section 15 of the 2015 Act will be disapplied.

Ministerial Regulations

While “public body” is already widely defined under the Bill and will include the vast majority of bodies performing functions in relation to major infrastructure projects, the Bill also allows the Minister to make regulations prescribing a person or body that performs functions in relation to infrastructure to be a public body for the purposes of the Bill (should it be necessary to extend the application of the Bill beyond what currently falls within the definition of a public body).

Circulars

At the time of publication of the Bill, the Department of Public Expenditure, Infrastructure, Public Service Reform and Digitalisation also published two circulars applying to Government departments and bodies under the aegis of the Department with responsibilities relating to critical infrastructure in energy, transport, water and (where applicable) housing.  The first aims to embed Principles for Better Regulation of Critical Infrastructure and marks the completion of Action 11.1 of the Accelerating Infrastructure Report and Action Plan.  The second sets out procedures for monitoring and reporting court decisions that may impact delivery of critical national infrastructure in energy, transport and water. 

The Bill (together with the circulars) represent a step forward in the implementation of certain of the actions contained in the Accelerating Infrastructure Report and Action Plan.  While the Oireachtas in March 2026 agreed to exempt the Bill from “pre-legislative scrutiny”, allowing the Bill to be published at this stage, the Bill will undergo legislative scrutiny including consideration by the Oireachtas Joint Committee on Infrastructure and National Development Plan Delivery as part of the legislative process prior to enactment, and ultimately requires a commencement order before the Bill (once enacted) can take effect.