2026-04-16

92. Deputy Jennifer Whitmore asked the Minister for Climate, Energy and the Environment the way in which he will ensure that the integrity and intention of the Climate Action and Low Carbon Development Act 2015 is preserved in light of planned legislation such as the Critical Infrastructure Bill 2026, which seeks to undermine it; and if he will make a statement on the matter. [27440/26]

Can the Minister outline how he is going to ensure that the integrity of and the intention behind the Climate Action and Low Carbon Development Act 2015 are preserved in light of planned legislation such as the Critical Infrastructure Bill, which seeks to undermine it, and will he make a statement on the matter?

The Critical Infrastructure Bill is a central pillar of the Government’s Accelerating Infrastructure Report and Action Plan and represents a significant step forward in strengthening delivery across all key sectors, including energy, which I will turn to in a moment. Accelerated delivery of infrastructure does not disapply our climate commitments or our targets at national level, but recognises an urgent need for the completion of major infrastructure projects in the State. Many new infrastructure projects, including critical electricity infrastructure and public transport projects, are themselves absolutely essential to supporting climate, environment and other social and economic objectives. The Bill provides for the disapplication of section 15 of the amended Climate Action and Low Carbon Development Act 2015, which the Deputy referred to, in very limited circumstances for designated critical infrastructure. Climate impact will still be one of the influencing factors when decisions are made and will continue to be accounted for through decision-making processes, particularly through the planning system where climate impact is already woven into the policy hierarchy, as confirmed recently by the Supreme Court in the Coolglass case. I assure the Deputy that climate impact and considerations will remain absolutely central to the ambition of this Government, though they must be balanced against other critical factors like housing shortages and energy security particularly, and when it comes to these projects of national importance. I assure the Deputy that I will continue to work across government to ensure climate impacts of projects are well-evidenced and incorporated into proposals at the appropriate time.

No one can argue that we do not need to speed up infrastructure in this country. We have had a huge infrastructure deficit for decades and there are major infrastructure projects that we need to move on very quickly. Many of them will have a climate-positive outcome. However, it is incredible that while the Government is saying that climate obligations will remain central to those projects and the assessment of them, the Minister and the Government are bringing in a Bill that will disapply the climate Act. It essentially sets it aside and says that it will not be part of the process in the designation and the assessment of it. What the Government is doing by doing this is completely eroding the strength of the climate Act and the need for it. The Minister knows how difficult it was to get that climate Act through in the last Dáil and how important it is. All the climate Act says in section 15 is that a relevant body "shall have regard to". It is not a large or high bar for this Government to meet when it comes to building infrastructure. Why is the Government trying to undermine it?

If the Deputy takes our offshore wind projects that are in planning right now as an example, she will see that many of them are the subject of requests for further information. We have already had groups say to us that if and when they are granted, these projects will be subject to a judicial review, JR, and will be brought to the High Court or the Supreme Court. That is not acceptable either. We are talking here today, and rightly so, around energy security and the acceleration of renewables, which, thankfully, we are doing really well. If you even look at solar, just over ten years ago, we had 2 MW of solar in our grid; we have 2,400 MW now. It shows what can be done. That does not even include over 1,000 MW of rooftop solar. The Deputy and I know that there are critical projects that need to be delivered, particularly on the energy side. Energy is really where a lot of this is going. If we can reduce our dependence on fossil fuel, it is good for the climate, for the economy and for people. In some instances, we have very small groups or individuals who have been holding up these projects and have been weaponising a good climate Act and its purpose to slow and stall development. We cannot have that any more.

Being able to object to developments is a core part of our democracy, it absolutely is. The projects need to be able to withstand those objections. The projects need to get those balances right. Oftentimes, the objectors are highlighting key flaws in the plans. It cannot be that we just throw them away because otherwise what is the point of the climate Act? Why bother bringing it in and why have it in legislation if the Government is just going to decide to set it aside whenever there is a project it wants to get through? Look at liquefied natural gas, LNG. This is exactly what the Government tried to do in relation to the strategic LNG legislation. It tried to disapply the climate Act there and essentially said that legislation would meet the obligations of the climate Act. This is completely eroding the strength and the purpose of the climate Act at a time when we need to double down on climate action. It just beggars belief that the Minister is actually going to do this.

I do not think it does. I respect what the Deputy says but I disagree with it. Take the example of the floating gas reserve - the floating storage and regasification unit, FRSU - which we absolutely need. That is consistent with the climate Act in relation to the energy security of this country. That needs to happen. It will be debated in the Dáil and we will see whether it receives the support of the Dáil. It needs to happen. We are in no way setting aside the climate Act. What we are saying is, for critical infrastructure projects, what an acceptable length of time for objections to go on for is. I was the Minister responsible for planning in the last Government. I got rid of things like the fast-track planning system that went straight to what was An Bord Pleanála and brought it back to a two-stage planning process through the local authorities and the board. Decisions should be made by planning authorities, not by courts. That is my view and I have always said that very clearly. I fully respect and will defend the right of people to make observations, be they objections or observations in support of a project. What we cannot allow as a country is the continued use of methods by a very small number of people to delay critical infrastructure projects and the weaponisation of very good legislation, which is the climate Act.