In his foreword to a new government action plan launched yesterday, public expenditure minister Jack Chambers said the growing number of judicial reviews before the courts is “unsustainable”.

“Absent reform, an ever-increasing tide of judicial reviews could drown our courts system, paralyse infrastructure development and prevent the effective administration of justice,” he claimed.

“This can be tackled by addressing the incentives, unique to the Irish legal system, that drive an excess reliance on the courts to adjudicate on planning or regulatory matters.

“It can also be addressed by ensuring that the remedies applied by the courts are fit for purpose and balance the rights of the applicant appropriately against the common good.”

However, Irish Legal News has spoken to a number of lawyers who say judicial reviews are being unfairly blamed for government failures on infrastructure and housing.

Limerick solicitor Michelle Hayes, who has been involved in a number of successful judicial reviews against planning decisions, said the proposals “are not in the public interest or the public good but instead undermine a democratic society where the rule of law is paramount”.

Ms Hayes, who practises in family firm Hayes Solicitors and is co-founder and president of Environmental Trust Ireland, said restricting access to the courts in environmental and planning judicial review matters would be “anti-democratic, anti-environment, anti-community and authoritarian”.

They would “reduce the accountability of public bodies and enable them to operate in an unfettered manner without appropriate and necessary controls and with scant regard for accountability and the rule of law”, she said.

The proposed Critical Infrastructure Bill and Emergency Powers Bill are “being rushed through to appease developers and vested interests without proper regard for the consequences”, she suggested.

Ms Hayes added: “Restricting access to judicial review in any way will have the effect of encouraging individuals and environmental organisations to seek infringement proceedings against Ireland at European level because of the government’s callous disregard for democracy, communities and the environment.”

The Law Society of Ireland has welcomed the publication of the action plan, but warned that changes to the judicial review process must be “fair, balanced and proportionate”.

“The Law Society believes that access to justice remains a core democratic principle in any reasonable society and that a robust planning process is good for everyone,” it said in a statement.

“Specifically, when used appropriately, judicial review serves an important role in ensuring accountability within the decision-making processes of public and private bodies.

“There are many examples in recent Irish history where challenging the decisions of the State, or State bodies, has not been popular but has demonstrated that the Irish legal system can deliver justice and is independent of government.

“It is important that any changes that may be introduced to the legal system and judicial review process are fair, balanced and proportionate.

“We will study the Report in more detail and look forward to engaging with government.”