Oireachtas Joint and Select Committees
Wednesday, 8 October 2025
Committee on Infrastructure and National Development Plan Delivery
The Role of Engineering in Delivering High-Quality Infrastructure: Discussion
2:00 am
Mr. Tom Leahy:
The process for delivering capital investment started in the 1950s and 1960s, and it was at a time when Ireland had very little money. Those involved in development could not say that something could not be done because of a lack of money. A phased system was brought in which comprised a preliminary report, moving to a feasibility report, and then towards advancement for site investigation to be carried out. That was the system which worked at the time. Where we are now, we have the money. In order to make sure that we can get the best value for money, we need to put accountability and delivery together. That is why we suggested two things here. The first is a statutory instrument because while Mr. Finlay referred to the common good, there is no legislation in Ireland that speaks to what the common good actually is. We have a common law system. We are the last country in the European Union now to have a common law system. Judges will make their decision on three things, namely, legislation, evidence put before them and precedent. I will deal with judicial review for the moment. If somebody objects to a scheme, there is nothing a judge can look at that allows him to decide that certain legislation or a specific statutory instrument tells him or her that these particular projects are necessary for the common good. That is one particular change.
Now that we have local authorities and utilities that are well set up and have their own boards, let them go ahead and lead the charge, without these gaps from time to time which involve stopping and going back. We are now at a unique point where everybody, both Government and citizens, believes that housing is essential. In order to move that forward, we have to look at the legislation, the common good, etc., but then look at who is best able to deliver quickly. In many cases, the local authorities, if given their head, can build houses. They are experts at it. The utilities, be it gas, be it water, be it Uisce Éireann have the ability to do it. Rather than coming backwards and forwards for approvals, let their individual boards make those decisions with Government approval. The boards have the necessary oversight, governance, and the necessary link into Government. Those two together have the capability of making a sea-change and utilising the moneys that we have now to turn this country into a much better place.
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