The Critical Infrastructure Bill 2026, published on 8 April 2026 (the Bill), represents the Government’s latest step in its broader strategy to accelerate delivery of essential public infrastructure across Ireland and gives legislative effect to key objectives set out in its Accelerating Infrastructure Report and Action Plan, published in December 2025 (the Action Plan). Read our previous briefing on the Action Plan here.
Designation of Critical Infrastructure
To address Ireland's infrastructure deficit, the Government, under section 3 of the Bill, may designate a project or programme as a "critical infrastructure project" or "critical infrastructure programme" following a recommendation from the Minister for Public Expenditure, Infrastructure, Public Service Reform and Digitalisation (the Minister) –effectively fast-tracking the delivery of these critical infrastructure projects and programmes.
“Infrastructure” is defined broadly and includes transport, energy, water, wastewater and waste management systems. These are all sectors identified in the Action Plan as requiring immediate prioritisation.
For a "project" or "programme" to fall within the scope of the Bill, its purpose must be the delivery of infrastructure and it must be funded by a capital investment on behalf of the State or a "public body".
"Public body" is broadly defined, which will ensure, firstly, that all critical infrastructure projects and programmes (where there is some involvement by Government) are covered under the Bill and, secondly, the majority of bodies and stakeholders that play a role in the approval and delivery of major infrastructure projects are included. Notably, under the Bill the Minister can make regulations prescribing that a body or person, that performs functions relating to infrastructure, be deemed a public body for the purposes of the Bill. Such bodies are defined as "relevant public bodies" under the Bill.
"Relevant functions" refers to the subset of a public body's statutory functions that relate to a designated critical infrastructure project or programme.
In making a recommendation to Government to designate a project or programme, the Minister may have regard to any of the following:
- The need for effective and efficient delivery;
- The economic or social consequences for the State due to delay to, or disruption of, the delivery of a project or programme;
- Whether the project or programme would have a negative or positive impact on the delivery of any other project or programme;
- Alignment with the National Development Plan 2021-2030; and
- Any other infrastructure‑related considerations the Minister deems appropriate.
Once a recommendation is made by the Minister, and the Government in turn makes a designation order, the order must be presented to Dáil Éireann as soon as possible. The designation order can be annulled by the Dáil if it passes a resolution to that effect within 21 sitting days of the order being laid before it. However, anything already done under the designation order would remain valid.
Statutory Duties of Public Bodies
Once a designation order is made, relevant public bodies will be obliged to:
- Prioritise critical infrastructure functions ahead of other functions that are not relevant functions;
- Act expeditiously and avoid undue delay in the performance of functions to avoid delay in the delivery of critical infrastructure projects or programmes;
- Take steps that are necessary and appropriate in order to reduce the time required for any aspect of the authorisation process to be completed;
- Progress its relevant functions in parallel with relevant functions of other bodies wherever practicable;
- Co-operate with other bodies for the purposes of sequencing, co-ordinating the performance of their respective functions, and identifying and managing associated risks and the extent to which certain critical infrastructure programmes or projects are dependant on other critical infrastructure programmes and projects; and
- Allocate sufficient relevant resources to ensure compliance with the above obligations.
Ministerial Oversight and Powers of Direction
Under section 6 of the Bill, the Minister may issue binding directions to relevant public bodies requiring them to report on measures taken to comply with their statutory duties (as well as on the outcomes of these measures) and, more generally, to report on any matter relating to the performance of its functions and duties which the Minister considers appropriate.
This centralised oversight model echoes the Action Plan’s call for stronger co-ordination and accountability mechanisms, including enhanced infrastructure oversight by the Department of Infrastructure, Public Service Reform and Digitalisation (the Department).
Climate considerations
A notable feature of the Bill is section 7 which proposes an exemption for public bodies from the application of section 15 of the Climate Action and Low Carbon Development Act 2015 as amended (the Climate Act). Section 15 of the Climate Act requires public bodies to perform their functions, in so far as is practicable, in a manner consistent with climate objectives. In the recent Coolglass decision, the Supreme Court found that the evident purpose and effect of section 15 of the 2015 Act was to impose obligations on relevant bodies "to make the performance of all their functions consistent with the climate objectives insofar as is practicable." The proposed exemption would therefore significantly reduce the weight public bodies must give to climate considerations during the consenting process.
Interaction between the Bill and EU Law
Section 2 of the Bill provides that “[n]othing in this Act shall operate to affect […] existing or future obligations of the State under the law of the European Union”. Perhaps the most legally sensitive interaction arises with the Environmental Impact Assessment (EIA) Directive, the Strategic Environmental Assessment (SEA) Directive, and the Habitats and Birds Directives. While the Bill explicitly states that it does not remove the need to comply with these Directives, its emphasis on prioritisation and expedition raises questions as to how public bodies will reconcile its new acceleration duties with EU‑mandated assessments.
Infrastructure Acceleration Circulars
Alongside publication of the Bill, the Minister also issued two critical infrastructure acceleration circulars to Departments and public bodies. While these circulars do not constitute legislation, they are intended to drive immediate behavioural and administrative change across public bodies pending enactment.
- Circular 16/2026 – Rapid Response to Legal Precedent with Impacts on Infrastructure Delivery:
Circular 16/2026 creates a process for the early identification, monitoring and reporting of court decisions that may affect the future delivery of designated critical infrastructure projects, particularly in the energy, transport and water sectors. It requires departments and agencies to assess relevant judgments promptly and report them within a set timeframe, enabling a co-ordinated and timely Government response where legal precedent could create risks, delays or systemic impacts for infrastructure delivery.
- Circular 18/2026 – Principles for Better Regulation for Critical Infrastructure Projects:
Circular 18/2026 asks public bodies involved in regulating critical infrastructure projects to take a more practical and streamlined approach to regulation. It requires authorities to review existing rules and approval processes and remove unnecessary complexity or delay, while still achieving the intended policy outcomes. Bodies must check that regulation is genuinely needed, proportionate to the risks involved, and designed to support timely decision‑making.
Conclusion
The publication of the Critical Infrastructure Bill 2026 marks a significant development by the Government in implementing its Action Plan. Together with the newly issued circulars, it signals a shift towards centralised co-ordination, prioritisation and accountability in infrastructure delivery.
If enacted, the Bill would materially alter how public bodies perform their functions in respect of designated projects accelerating processes, reshaping institutional priorities, and recalibrating the balance between delivery and regulatory constraints.
Our team will continue to monitor the Bill and provide updates as it progresses through the Oireachtas and into implementation.
For more information, please contact Jeanie Kelly, Tristan Egly, Philip Hayden or your usual contact in Beauchamps LLP.