The State’s legal profession “got away scot-free” from reforms in the wake of the 2008 economic crisis and it still requires change, a member of the infrastructure taskforce has said.
Speaking to the British-Irish Chamber of Commerce, Sean O’Driscoll, however, said many of the concerns he had about the threat of legal blockages to major projects have been overcome by new fast-track legislation.
The legal profession “is a great profession, but like every other profession, there are areas in it that need a bit of cutting up,” he said, in conversation with Marc Lowry, head of growth at Azets Ireland.
The number of judicial reviews being taken to challenge major projects dominated debate a year ago, though a cap has now been imposed on the legal costs that claimants are able to recoup.
“Prior to that, it was uncapped,” said O’Driscoll, the former chief executive of Glen Dimplex. “What has happened? You guessed it – there’s been a significant reduction in the number of judicial reviews that have been brought through. You’ve even seen judicial reviews being withdrawn.
“Last week, three of the four outstanding ones on the Galway bypass were withdrawn.”
Others have been withdrawn to Dublin’s MetroLink and the north Dublin drainage system.
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The Critical Infrastructure Act, which brings major projects to the top of the planning and courts queue, had significant support from Dáil TDs, who passed it on a vote of 132-15. O’Driscoll says this offers “an indication of the political and public mood”.
However, he said the first major test of the new critical infrastructure list will come once plans get under way to build the north/south 400kV electricity interconnector from Meath, Cavan and Monaghan, into Armagh and Tyrone.
The interconnector, which is unpopular with many farmers and householders along the route, is very important, said O’Driscoll. “It will enhance the security in the country. It will enable the single market.
“So, there are a huge number of positives, but there has been local political opposition to it. It’s now on the critical infrastructure register to be fast-tracked to the very top. The utilities on both sides of the Border are ready to go.
“This will be the big challenge. Is the political system up there when it comes to public acceptance?”
O’Driscoll has repeatedly warned that planning delays are badly hampering the delivery of public projects. He added: “We all talk a good story when it comes to infrastructure, better roads, but none of us like disruption around us either. We all have a job to communicate that infrastructure is good for us.
“That’s why we have 2.8 million people working in this country. We won’t have 3.8 million people working in this country with the same level of infrastructure. So, we have to plan for the future.”
He praised Minister for Public Expenditure Jack Chambers for supporting fast-tracking infrastructure. “None of this would have happened without Minister Jack Chambers,” said O’Driscoll.
“He put his political reputation on the line. He put his career on the line, as indeed did every single member of the Cabinet. Very brave politicians did what they did. Some fantastic, brilliant civil and public servants behaved really magnificently.”
Meanwhile, he said local authorities must operate more consistently by similar rules, rather than having situations where a road engineer in one county takes a completely different view on issues to a neighbouring authority.