Judicial reviews ‘major issue’ in delivering flood defence schemes – minister

The “paralysis” caused by a “culture of judicial reviews” is a major issue in delivering some of Ireland’s flood defence schemes, the Minister for Infrastructure has said.

Jack Chambers told RTE’s Today with David McCullagh programme: “Certain resident associations brought judicial review proceedings against flood relief schemes in communities that have been flooded in recent days.

“I think people need to think twice about engaging in litigation when there is a level of risk and in a particular local area.”

Speaking on Friday morning he added: “most people in these communities, didn’t, and don’t, object – it’s a small minority.”

He acknowledged: “They have a right to do that, but I think the balance of rights isn’t there in the Irish system right now.”

“Judicial reviews are bringing huge elements of risk aversion across the decision making process, where every element of a particular piece of infrastructure now is showing deference to the risk of judicial review.”

When asked about the “glacial” pace in delivering flood relief schemes Mr Chambers said other factors also slow down the processes including that they are “complex environmental and engineering projects which take time in terms of the design phase”.

He also said he would be bringing new measures to Cabinet next week to fast-track infrastructure projects and bringing a critical infrastructure Bill to Government in “the next number of weeks”.

These are aimed at “increasing risk appetite in the public service and backing public servants to take risks when it comes to infrastructure delivery”, he said.

Adding the Government wants to cut some of the “excessive processes bureaucracy and red tape” that prevent many decisions being made.