Government’s judicial review reform proposals could block constitutional challenges & cases about access to basic public services, FLAC warns Justice Committee

24 March 2026

FLAC (Free Legal Advice Centres) has appeared before the Joint Oireachtas Committee on Justice, Home Affairs & Migration this afternoon (24 March) as part of the Committee’s pre-legislative scrutiny of the General Scheme of the Civil Reform Bill. The General Scheme proposes sweeping changes to the process by which people may access the courts to challenge decisions by the State and Public Bodies.

In her opening statement to the Justice Committee, FLAC Chief Executive Eilis Barry emphasised that the legislation (which arises from the Accelerating Infrastructure plan) will impact judicial review cases “about social welfare, social housing, and education which have nothing to do with planning and infrastructure.” She warned that constitutional and public interest cases (such as the recent O’Meara case concerning cohabitants’ access to the Widower’s Pension) would be blocked by the new rules proposed in the General Scheme:

“[The changes proposed in the General Scheme] constitute a radical curtailment of access to judicial review, and are likely to have a disproportionately negative impact on ordinary people that FLAC represent trying to establish and vindicate their legal constitutional or fundamental rights in relation to very basic public service like social housing, emergency accommodation, additional educational supports, and access to basic social welfare payments.

The reason for these cases (and their high success rate) is very often poor-quality decision-making by public bodies and the lack of an alternative meaningful way to make an appeal.

If the General Scheme is implemented, it is very likely that it will be extremely difficult, if not impossible, for the average person to challenge unlawful actions in any case that is complex or is without precedent – in that it involves a new point of law or public interest, such as the O’Meara case or the July provision case.”

Eilis Barry also highlighted the “major lack of consultation, transparency, explanation and evidence” in relation to the Government’s proposals and has called for the General Scheme to not proceed.

“We have written to the Minister and have asked why are these changes – which will impact JRs about social welfare, social housing, and education and immigration and which have nothing whatsoever to do with planning and infrastructure – part of the Accelerating Infrastructure plan and contained in the Scheme?

Why do the changes go way beyond those which were recommended by the Kelly Review and in Law Reform Commission reports?
Has there been any human rights, equality and access to justice impact assessments? If not, when will this happen?
Why hasn’t the Department published a clear and accessible statement of the law pertaining to judicial review and each of the areas where changes are under consideration? When will it do so?
Why has there been no consultation about these proposals? It was promised.
What consideration has been given to improving the quality of, and reducing delays, in decision-making by public bodies especially in areas like social welfare and social housing?”

ENDS.

Eilis Barry’s full statement to the Joint Committee may be accessed here.
FLAC’s full written submission to the Committee may be accessed here.

About FLAC:

FLAC (Free Legal Advice Centres) is an independent legal, human rights and equality organisation, which works in a number of different ways to promote equal access to justice:

In 2024, our Telephone Information and Referral Line responded to 11,435 queries. FLAC also provides Phone Legal Advice Clinics.
Our independent law centre provides targeted legal services for the Traveller and Roma communities and also undertakes public interest litigation (i.e. cases which may have an impact beyond the individual).
FLAC also operates PILA which facilitates NGOs to obtain legal assistance from private lawyers via its pro bono referral scheme.
FLAC makes policy recommendations in relation to areas of law that most impact on people living in poverty and disadvantage, including equality and anti-discrimination law, social welfare law, housing law, human rights law, and access to justice.