Concerns are growing that judicial reviews are becoming a new instrument to “frustrate and delay” major production and infrastructure projects, the Taoiseach has told the Dáil.
Micheál Martin said the range of projects currently held up “has to be a cause for concern overall” because it has resulted in investment challenges and problems with job creation.
The Government had reviewed the matter and he said “there are significant issues as we prepare the national development plan”.
The Taoiseach made his comments after three TDs raised concerns about an objection to the development of a €140 million cheese plant in Belview on the Waterford-Kilkenny border.
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Mr Martin said “people have rights to object but on the other hand the increasing use of judicial review is something we, as a society, will have to reflect on”.
“There is an independent planning process. It is rigorous and it should be respected,” he said.
A High Court case started earlier this month between Glanbia Ireland and An Taisce, the National Trust for Ireland, about plans to build a cheese plant.
Government backbencher Jackie Cahill said the plant aimed to produce 50,000 tonnes of gouda cheese and this would "greatly reduce our dependence on the British Cheddar cheese market, which is exactly what we want to do post-Brexit".
The Tipperary Fianna Fáil TD said it was “extremely disappointing that An Taisce, following An Bord Pleanála’s decision, can get a judicial review and delay this project for many years”.
He expressed concern it could potentially make the project economically unviable.
Mr Cahill, chairman of the Oireachtas Agriculture committee said the move “will have huge repercussions for both the company itself and the milk producers supplying Glanbia”
Dutch company Royal A-Ware is investing in the project with agri-food giant Glanbia and Independent Tipperary TD Mattie McGrath accused “idealistic people” in An Taisce of “acting the maggot, which is damaging our economy and causing devastation for young farmers”.
He said the case has been through the local authority and An Bord Pleanála and if the case went to the European Court it would be “disastrous for hundreds of young farmers, the farming economy and the economies of the south east if that happened”.
Independent Laois-Offaly TD Carol Nolan said there is a need for job creation in rural towns and villages. She accused An Taisce of "trying to dictate a Government agenda".
Ms Nolan said “there must be collaboration between An Taisce, farmers and Glanbia.
Describing the issue as “problematic”, Mr Martin said “we saw it in forestry in the past while, where there were consistent interventions, which were designed to stop any licences from issuing, and we had to deal with that legislatively”.
Mr Martin said “there is a growing sense that the judicial review is becoming a new mechanism to frustrate and delay projects hoping that they may not develop”.
He added that the range of projects, be they infrastructural or production, that are held up now has to be a cause for concern overall.”
