22/07/2026
Insights Blog

New Regulations commence the Critical Infrastructure Act 2026, bringing it into operation on 17 July 2026.

The Act was enacted without amendment from the Bill as introduced. It is intended to address delay, fragmentation and sequencing risks in the delivery of State infrastructure (defined as any infrastructure that enables essential facilities and systems of the State to function effectively, including transport facilities; energy generation, transmission and distribution systems; and water supply, wastewater and waste management systems).

The Act applies to projects and programmes funded by capital investment, by or on behalf of the State, or by or on behalf of a public body. “Public body” is broadly defined to include Ministers of the Government, local authorities, bodies established by or under enactment, charter or Ministerial scheme, certain State-funded companies, designated institutions of higher education, and any other person or body prescribed by regulation by the Minister for Public Expenditure, Infrastructure, Public Service Reform and Digitalisation (the “Minister”).

Designation mechanism

The Government may designate, by order, a specified project or programme as a critical infrastructure project or critical infrastructure programme.

Designation follows a recommendation from the Minister, having regard to matters including the need to ensure effective and efficient delivery of the project / programme; whether delay, disruption, or failure to deliver the project / programme may have adverse economic or social consequences for the State; the impact on delivery of any other project / programme; the National Development Plan 2021-2030; and such other matters in relation to infrastructure as the Minister may consider appropriate.

Duties of public bodies

A public body is a relevant public body in so far as it performs functions in relation to a critical infrastructure project / programme (“relevant functions”).

Under section 5, relevant public bodies, without prejudice to their functions under any other enactment, are obliged to:

  • prioritise performance of relevant functions over other statutory functions,
  • take all necessary steps in performance of relevant functions to act in an expeditious manner and to avoid undue delays,
  • take steps to reduce timelines for authorisation processes,
  • in so far as practicable, progress relevant functions at the same time as other relevant public bodies are progressing relevant functions,
  • co-operate with other relevant public bodies on sequencing, risk management and dependencies, and
  • allocate appropriate administrative, technical and decision-making resources.

Ministerial oversight

The Minister may request a relevant public body to provide information on the carrying out of its duties under section 5, and assessments, reports or analyses on the performance of its relevant functions (subject to disclosure of information being contrary to law or the interests of national security, or where the information is commercially sensitive or otherwise confidential as provided in the Act).

The Minister, having consulted with the relevant Minister, may also give a direction requiring a relevant public body to adopt specified measures for the purposes of carrying out their duties under the Act.

Climate action obligations

Section 15 of the Climate Action and Low Carbon Development Act 2015 does not apply to a relevant public body in respect of performance of its relevant functions, in respect of carrying out the above duties, or for the purposes of compliance with a Ministerial direction. Section 15 of the Climate Act, in the words of the Supreme Court in Coolglass, “operates as a form of climate sense check, and to ensure that decisions and actions of public sector bodies are all aligned with the climate objectives”. This provision effectively removes any potential ground of challenge based on section 15 grounds.

Overall legal framework

It is made explicit that nothing in the Act operates to affect: (a) existing or future obligations of the State under EU law, (b) an enactment that gives effect to any such obligation, or (c) existing or future entitlements of the State or any person under such law or enactment. This highlights that legal principles flowing from EU law are not affected as regards critical infrastructure projects or programmes.

Regulations

The Act allows the Minister to make regulations prescribing a person / body that performs functions in relation to infrastructure to be a public body (for the purposes of the Act).

Policy context and departmental intent

The Act forms part of a broader suite of measures introduced by the Department of Public Expenditure, Infrastructure, Public Service Reform and Digitalisation to accelerate infrastructure delivery, including:

These steps represent a legal and policy framework designed to embed prioritisation, coordination, and regulatory discipline across the public sector for infrastructure delivery in critical areas of the economy.

The authors would like to thank Jessica Harte for her contribution to this post.